Cruz feared use of AFP in poll fraud – Malaya 10.07.2006

Blame for ‘initiative’ debacle is last straw

BY VICTOR REYES AND DENNIS GADIL

DEFENSE Secretary Avelino "Nonong" Cruz decided to resign because he could "no longer guarantee" that the military would not be used to cheat in the mid-term elections in May, a defense official said yesterday.

The official said Cruz planned to tender his resignation in December, but the Supreme Court junking of the people’s initiative to amend the 1987 forced his hand.

Cruz handed over his resignation paper, which takes effect Nov. 30, to Arroyo on Sunday. He did not say why he was tendering his irrevocable resignation.

Last week, Cruz said at least three Cabinet members, whom he did not identify, wanted him out of the Cabinet because of his opposition to the Palace-backed people’s initiative.

Minimizing the military’s role in the conduct of elections was among the priorities of Cruz, along with transparency in the bidding for military equipment and supplies and modernization of the AFP.

Cruz last month signed a memorandum of agreement with the Commission on Elections, limiting the involvement of the AFP in the elections. Among other things, the agreement provides that the canvassing of election results should not be held inside military camps.

Canvassing in military camps used to be held in election "hot spots."

At least four military generals, including now AFP chief Gen. Hermogenes Esperon, were implicated in the alleged cheating in the May 2004 elections to ensure the victory of President Arroyo.

A military fact-finding body has cleared all the generals due to lack of evidence.

The generals were named in the "Hello Garci" wiretapped conversations between Arroyo and former elections commissioner Virgilio Garcillano.

The "Hello Garci" tapes on alleged electoral fraud, which was made public by the Palace in June last year, sparked calls for Arroyo’s ouster, including from 10 Cabinet and other key government officials, now collectively called the "Hyatt 10," who resigned en masse.

Arroyo on national television later apologized for her "lapse in judgment" in talking with an election official during the election period. Cruz was said to be among Cabinet members who convinced Arroyo to issue the apology.

The Supreme Court on Oct. 25 voted 8-7 junking the consolidated petitions for people’s initiative to amend the 1987 Constitution, branding the Palace-backed proposal to shift to a unicameral parliamentary form of government as "deceptive and misleading."

The decision was penned by Associate Justice Antonio Carpio, Cruz’ fellow founding member of the law firm Villaraza and Angangco, known as "The Firm" which lists the First Family as one of its most prized clients.

Arthur Villaraza, the third founding member of The Firm, has been accused by some close advisers of Arroyo of being a "traitor" for allegedly lobbying with members of the High Court to junk the Sigaw and ULAP petitions for people’s initiative.

Some Cabinet members including Justice Secretary Raul Gonzalez have allegedly blamed Cruz for the PI defeat.

The source said Cruz had warned President Arroyo that aside from the people’s initiative being constitutionally infirm, a favorable ruling on the petition could hamper her chances of finishing her term until 2010, pointing to the "impeach clause" tucked in the charter change draft of people’s initiative proponents.

CRUZ VS HAWKS

A source close to Malacañang said Cruz first caught the ire of "hawks" in the Cabinet when he opposed Arroyo’s decision to place the country under a state of national emergency in February.

The source said Cruz objected to using the military and police to suppress dissent and to projecting the country as one besieged by a radical opposition, which could later justify a martial law-type of declaration.

"As a good lawyer, Nonong could not support any form of extra legal means using the military," the source, who has close links to Malacañang, said.

Arroyo on Feb. 24 issued Presidential Proclamation 1017 which placed the country under a state of national emergency. The proclamation, which Arroyo said was prompted by a plot to overthrow her government hatched by the Left, some members of the political opposition and "military adventurists," was lifted after a week.

The source said Cruz’ objection to PP 1017 did not sit well with the "hawks" in the Cabinet, led by Justice Secretary Raul Gonzalez, national security adviser Norberto Gonzales, presidential political adviser and legislative liaison officer Gabriel Claudio and Executive Secretary Eduardo Ermita.

The source said this was the reason Cruz was not included in the crisis body that was created to manage the threat before and during the declaration of PP 1017.

Cruz was visibly absent during those tumultuous days, leaving the task of managing the threat to Ermita, Gonzales and Michael Defensor, presidential chief of staff.

LAST STRAW

The source said Cabinet hawks suspected that Cruz also had a hand in the decision of the Supreme Court to declare PP 1017 unconstitutional.

"The PI (people’s initiative) was the last straw for Cruz. The hawks wanted his head," the source said.

The source said Cruz also was disappointed by the decision of the Ombudsman clearing officials of the Commission on Elections (Comelec) involved in the fraudulent multi-billion MegaPacific contract.

The automation contract has been voided by the Supreme Court.

Cruz, the source said, also did not hide his discomfort over the issuance of calibrated pre-emptive response (CPR) policy to protests, and Executive Order 464 banning key government officials from attending congressional inquiries without permission from President Arroyo.

The CPR and EO 464 have been struck down by the tribunal.

Defense Undersecretary Rodel Cruz said resignation has long been in the DND chief’s mind,
"We’ve discussed this decision in private between the two of us for quite some time," said the undersecretary for legal and priority concerns, who has worked with the defense chief for the past 13 years.

NO RUSH DECISIONS

Undersecretary Cruz, described as the closest to Cruz among the six defense secretaries, said the defense chief began to think of quitting even before Supreme Court’s ruling on the PI.
"The secretary is a consummate professional. He doesn’t make rush decisions and if I know him well enough, he would have given this decision a lot of thought," he said.

"It is the product of deep contemplation, considering all factors so I wouldn’t consider it abrupt," he added.

The undersecretary described Cruz as "a man of principle" who is "imbued with competence and integrity" and who "means well for this country."

"His leaving the Cabinet is a big loss to the cause of good governance and pursuit of genuine reforms in our society," he said.

Undersecretary Cruz expressed confidence Cruz’ departure would not negatively impact on reforms he initiated in the Armed Forces.

One of these reforms is the ambitious Philippine Defense Reform program, which calls for, among others, the acquisition of mission essential equipment for government forces.

Cruz resignation came at the height of negotiations for status of forces agreements with Australia, Brunei, Malaysian and Indonesia, and Singapore, among other countries. Cruz had said he hoped to sign the agreement before the year ends.

"We just hope that his successor will continue the important work he has began," Undersecretary Cruz said.