Golden Journal: 12 July 2009

Saturday, July 18, 2009

Only court-named doc should see if Legacy’s owner is fit or not: Rufus

CAGAYAN de Oro City (BONG FABE / Cagayan Journal /July 18, 2009) - ONLY a doctor appointed by a court where he is facing charges should determine whether Legacy Group’s Celso delos Angeles is fit to stand trial.

Nobody else––not the police or even his doctor––should determine whether he is healthy enough to face his accusers, said Rep. Rufus Rodriguez of Cagayan de Oro.

Rodriguez, however, said if the court-appointed doctor finds that delos Angeles is not fit enough to stand trial, then “we should not drag him down to Cagayan de Oro for humanitarian reasons.”

“Let him stay and recuperate in the hospital. And when he is fit and has recovered from his sickness, then that’s the time he should face his accusers in a trial. But for now, the RTC in Cagayan de Oro should appoint a doctor to really see to it that he really is sick and cannot stand trial at this time,” said Rodriguez.

Delos Angeles was arrested Monday afternoon at the St. Luke’s Hospital by operatives of the Criminal Investigation and Detection Group (CIDG) of the Philippine National Police (PNP) over a charge of syndicated estafa filed by Legacy Group customers here.

Delos Angeles, the mayor of Santo Domingo, Albay, is the owner of Legacy, which authorities said was behind one of the country’s biggest pyramiding scams that victimized thousands of people.

His arrest came just hours after the RTC Branch 17, 24 and 41 here issued the warrants for the arrest of delos Angeles and other local respondents last Monday.

The courts also recommended no bail for delos Angeles.

Legacy reportedly owes customers at least P14.4 billion, half of which is due to customers who have pre-need claims that amounted to P7 billion.

As of December 2008, Legacy sold 14,579 policies––3,585 for pension; 2,292 for education; and 3,702 for memorial.

Delos Angeles and other suspects are facing at least 31 cases of estafa here.

Of the 31 cases, 26 cases have already been resolved by the City Prosecutor’s Office, which issued the resolution for the issuance of arrest warrants against the accused.

Of the 26 cases resolved, three have already been issued warrants of arrest while the rest could not move on because of the failure of the complainants to pay the docket fee.

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Link to Mindanao Gold Star Daily

Thursday, July 16, 2009

A CALL TO DEFEND THE PEOPLES’ RIGHT TO KNOW

The State of the Bakwits (S.O.B.), a joint coverage of Mindanao and Manila journalists held on June 29 to July 1, 2009 was intended to focus public attention on a humanitarian tragedy that we believe has not been given the attention it deserves.

Coming from different media organizations in Mindanao and Manila, we issue this collective statement in view of the disturbing checkpoint incident on June 30 and certain pronouncements of the 6th

Infantry Division’s spokesperson about the organizers and participating journalists.

The coverage was prompted by persistent and alarming reports of alleged human rights violations like food blockades, illegal arrests, disappearances and summary executions; and that non-government and humanitarian organizations, even media, were also reportedly being prohibited from going to evacuation centers presumably to protect them from hostilities between government troops and rebel forces.

We came to validate these reports and to get a solid grasp of the actual situation in the evacuation centers so that concerned authorities will be able to appreciate more fully, and respond appropriately to, the complex problem of internal displacement in Maguindanao.

We found some of the answers even before reaching the evacuation centers.

On Tuesday, June 30, as we were proceeding to the evacuation sites in Datu Piang, Maguindanao, soldiers of the Army's 46th Infantry Battalion stopped us along the Cotabato-General Santos highway in Barangay Bagan, Guindulungan.

Those in the lead car of our nine-vehicle convoy were asked if we were from the media. Not one of the soldiers could tell us why we were being held. All they could say was we would be “released” when they receive “clearance” from Colonel Medardo Geslani, commander of the 601st Infantry Brigade.

When contacted within the first five minutes of what turned out to be a 46-minute standoff, Geslani’s superior, Maj. Gen. Alfredo Cayton, commanding general of the 6th Infantry Division, said he would check with Geslani. Cayton said he was informed by Geslani that he ordered the journalists stopped because of ongoing "clearing operations" to ensure our safety from roadside bombs.

A day earlier, an improvised explosive device (IED) blew off in Barangay Kitango, Datu Saudi Ampatuan, killing two persons and injuring eight others.

The checkpoint personnel said nothing about “clearing operations.” Curiously, it was just the media vehicles that were stopped at the checkpoint.

If, indeed, there were IEDs on the roadside, why should media be given ‘preferential protection’?

And if, indeed, security was the main consideration, they could have notified us even before we had left Cotabato City for Maguindanao since the organizers had been coordinating with the military panel of resource persons who confirmed participation in the subsequent forum in the afternoon of June 30.

We also would like to correct pronouncements made by the spokesperson of the 6th Infantry Division, Lieutenant Colonel Jonathan Ponce, who sent out text messages to reporters claiming that the journalists who were participating in the State of the Bakwits coverage were given “pocket money” by one of the organizations involved, which he alleged was connected to the Moro Islamic Liberation Front (MILF).

The invitation clearly states who the organizers are.

Efforts to discredit our coverage by attempting to discredit the organizing groups will not be viewed kindly by the public especially since the case of the bakwits is a matter of national and international interest. For did we not rank first among all countries for having the “biggest new displacement in the world,” contributing 600,000 to the 4.2 million total of newly displaced in 2008, according to the April 2009 report of Geneva-based Internal Displacement Monitoring Centre?

We assert that trying to mask the magnitude of this crisis by stifling the free flow of information and the people's right to know can only worsen the current problem.

We agree with, and appreciate the statements of both the government and MILF peace panels during separate interactions with us, that the peace process should be accompanied by transparency.

We also believe that the achievement of a just and lasting negotiated resolution to the generations-old conflict besetting the Bangsamoro is possible only when all stakeholders are granted adequate access to information about and participation in the peace process.

This is why we are saddened that there remain elements of government who are trying to curtail access to information about the problems plaguing the Bangsamoro and the roots of the age-old conflict that continues to cause so much suffering, as well as vilify those who seek to uncover the truth surrounding the situation and explain these to the people.

This much we have learned from our experience as a people who lived through and eventually overcame 14 years of dictatorship: you can neither hide the truth forever nor allow it to be hidden.

ANY MORE ATTEMPT TO CURTAIL OR CONTROL THE FLOW OF INFORMATION VITAL TO THE PEOPLE’S UNDERSTANDING OF THIS CONFLICT, WILL DEFINITELY NOT SERVE THE CAUSE OF PEACE.

Atty. CHARINA SANZ

Mindanao ComStrat and Policy Alternatives

CAROLYN ARGUILLAS

MindaNews

FR. EDUARDO VASQUEZ, OMI

I-Watch

RED BATARIO

Center for Community Journalism and Development (CCJD)

MA. AURORA FAJARDO

Philippine Human Rights Reporting Project

NONOY ESPINA

National Union of Journalists of the Philippines (NUJP)

RYAN ROSAURO

The Peace and Conflict Journalism Network (PECOJON)

Reference:

ROMY ELUSFA

Secretariat, SOB Coverage Mission

Mobile phone 09209546793

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Ben balce's channel/YouTube

Tuesday, July 14, 2009

Rice trader ‘hangs’ self in Corrales restaurant

CAGAYAN de Oro City (Cagayan Journal / Ben Balce) - A RICE trader allegedly hanged himself using a belt in a restaurant here at dawn yesterday.

Benito Magadan, 47, was found at around 7 am hanging lifeless in the toilet of OIC restaurant along Corrales St., this city.

The victim’s body was seen with a belt around his neck; the belt was attached to a door knob.

“He was already cold when he was found. It looks like he used his belt to kill himself,” said Insp. Joe Martin, chief of the local Scene of Crime Operatives.

Martin said there were no bruises or any other sign of foul play. But he said Magadan’s body would be autopsied.

The reason for the alleged suicide is unclear at presstime but there were unconfirmed reports that Magadan recently lost P300 thousand to a girlfriend who left him.

Magadan’s wife Myrna told radio station DxIF that she and Benito decided to separate about a year
ago.

Jhun Ebarle, owner of a house where Magadan had rented a room, said the rice trader left at around 4 am. He said the alleged suicide had financial problems.

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WHY do we have to care for our environment? Why does the Department of Environment and Natural Resources (DENR), Region 10 care for “cinchona” trees in Bukidnon province?

These are two basic questions that cropped up after the DENR-10 hosted a three-day “Press Privilege Tour” which showcased some of the DENR projects in Misamis Oriental and Bukidnon.

While people have different views in caring for the environment, observers say that there is a need to care for the environment because it is the life and legacy of the next generation.

On one hand, the government, especially the DENR, sees-to-it that forest lands are well managed, protected and wisely utilized thus it has implemented the “Cinchona Forest Reserve,” in Barangay Kaatoan in Lantapan, Bukidnon.

To give you a better idea on what “cinchona” tree is, here is what an official of DENR-10 tells me:

During the lecture on Expanded Forest Protection at Cinchona Reforestation Project, Regional Forest Protection Task Forest chief Ernesto L. Lezada of DENR 10 said the Cinchona Forest Reserve in the province of Bukidnon was first established sometime in 1929 by the defunct Bureau of Forestry.

Its first Project Manager Forester Altamerano whose objective is to produce cinchona bark or the so-called “bark wealth” for the purpose of producing anti-malaria drugs, according to Lezada, headed it.

The cinchona species, according to Mt. Kitanglad Range Natural Park protected area superintendent Felix Mirasol was introduced originated from Java, Indonesia. He said that the first trial planting showed suitability of the species to the area.

The next several years was engaged in the massive planting of the species that reached up to 500 hectares including nursery establishments.

With this encouraging development, on September 22, 1936 Commonwealth President Manuel L. Quezon issued the Presidential Proclamation no. 83 declaring the 1,994 hectares as the Kaatoan Forest Reserve for experimental planting of quinine, forest protection and timber production.

With the outbreak of World War II in 1941, the planting was stopped.

Ecosystem Research and Development Division chief Danilo C. Cacanindin said that in 1943, the Kaatoan Forest Reserve including Barangay Kaatoan were made as Japanese garrison and took possession of the area until 1945. A year after, the Americans soldiers occupied Barangay Alanib, few kilometers from Kaatoan.

Cacanindin said that a joint American and Filipino soldiers coming from Talakag, Bukidnon engaged the Japanese soldiers in a fierce fight at Cinchona. Outnumbered and with so many casualties, the Japanese soldiers retreated and left the place. On the other hand, the Americans stayed for a while at Cinchona but left in the same year of 1945.

The following year, cinchona plantation establishment and nursery activities resumed under Forester Tadeo, who served as its project manager. Accordingly, the former project manager Altamerano was killed during the Japanese occupation along with a number of plantation workers and local residents of the area.

In 1956, the whole area was reclassified as alienable and disposable land by then President Ramon Magsaysay by virtue of Presidential Proclamation no. 364. This revoked earlier Proclamation no. 83. It meant that the whole area was opened for cultivation for agricultural purposes and titling to private individuals.

However, the Bureau of Forestry continued its management and protection the reason why not all of the forest reserve were occupied by private individuals and applied for titling.

In 1961 to 1962, the area was also planted with other fast growing tree species such as Falcata, Mahogany and Eucalyptus. Presently, these trees have attained over maturity and are now towering the cinchona compound with an average diameter from 120 to 200 centimeters.

In 1966 to 1968, Hucomad and Jiram companies conducted the First harvesting of the cinchona bark with raw materials directly exported to Brazil. The second harvesting was took place in 1972-73.Thereafter, the plan for harvesting has stopped for reason that malaria illness had been controlled and that other countries have already found alternative source of materials for the manufacture of Malaria drugs. Since then, the price of cinchona bark has gone down and harvesting was no longer feasible.

On July 11, 1988, former President Corazon C. Aquino issued presidential proclamation No. 283 declaring the whole area for “Quinine and Reservation and Experimental” purposes. The proclamation strengthens the status of the project existence and closes all legal issues on the intention of the area.

On November 9, 2000, Congress through the recommendation of the President passed Republic Act 8978 also known as the Mt. Kitanglad Act of 2000, which included the whole of Cinchona area as part of the Mt. Kitanglad Range Natural Park.

The Cinchona plantation in the province of Bukidnon is the only plantation found in the whole country to date. The 7 cinchona species planted are calisaya, hybrid, kartamanah, officinalis, succirubra, tjinjiroan and ledgeriana. The present plantation manifests Filipino expertise in tree growing which now becomes the host to some endangered faunal species in the world.

Cinchona area is also host to 5 series of waterfalls of Kulasihan River and sacred ground to our brother Indigenous Peoples. In the recently built table and IP ritual building, giant bamboos and kilala had grown which manifest the activities of the earlier IP’s in the area.

The Kulasihan River is a wonder. In the upstream, the water is visible but further away downstream, the whole river is gone. Many believed that it is an underground river whose exit is the Matin-ao Spring in Barangay Bangcud, which are several kilometers away from the source.

Protecting the environment is not the responsibility of the DENR alone but the responsibility of all. The efforts of our foresters for they are continuously preserving the cinchona trees in Bukidnon through its project “Cinchona Forest Reserve,” in Barangay Kaatoaan, Lantapan, Bukidnon, is one way of caring the environment. (Ben Balce)

NORTHERN Mindanao Medical Center

Northern Mindanao Medical Center (NMMC), a center of wellness and excellence, DOH accredited tertiary hospital in Region 10, is a 300-bed capacity care institution. Formerly known as Northern Mindanao Regional Training hospital (NMRTH), it was renamed in its present classification as a Medical Center by virtue of RA 7938 on March 11, 1995.NMMC is located within the Provincial Capitol Compound in Cagayan de Oro City in Misamis Oriental, Mindanao, Philippines. It was now headed by NMMC (acting) chief of hospital Dr. Jose Chan. It is an 89 year old hospital that metamorphosed initially as a 20-bed Misamis Public Hospital in 1918 to a 50-bed Misamis Oriental Provincial Hospital in 1945, then a 200-bed NMRTH in 1966 and finally, as the present 300-bed NMMC in 1995. As a tertiary heath facility, NMMC aims to serve and provide the highest attainable health care in the whole Region 10 and the neighboring provinces and municipalities.

By BEN EMATA
Editor, GetRight Bulletin, Fremont, California, USA
Internet ColumnistFormer President, Cagayan de Oro Press Club
Former President, Fil-Am Press Club of Silicon Valley of California

Gentlemen/Ladies,

Mapait nga balita ang midagsang kanatong tanan. Usa sa atong kauban sa radio ang gipusil didto sa dakbayan sa Iligan ug hangtud karong adlawa malisud ang kahimtang diha sa tambalanan.

Joe Pantoja, kanhi sa DXCO sa Cagayan de Oro atua na sa Iligan nanimpalad. Sakop siya sa COPC ug usa sa mga buotan nga bata sa media lokal. Karon nahitumpawak sa dautan nga kapalaran ug apiki usab ang kabutang sa pamilya. Pila raman lagi intawon ang sueldo niini.

Ang balaan nga kasulatan nagsugo kanato sa pagtinabangay. Mahimo man tingali nga kita dinhi sa America mag-usa alang sa pag-amuma sa usa ka igsoon sa buhat.

Si Don Primo Espina de Montebon mopadala sa atong panudlanan-tesorera, Dolly Ilogon, aron sa pagsugod pagtuyok sa ligid sa kapalaran.

Ako usa na ka retired apan dili pa gayud tired, mohatag usab sa mao gihapon nga kantidad. Si Senyorita Ilogon permi motabang ug mao usab si Senyora Ann Gorra de Rago.Kamo diha mga bantugan kanhiay nga sakop sa media sa Cagayan de Oro tingali motabang usab niini nga suliran sa atong igsoon.

Sa ngalan sa panagmahalay sa taga media, gitawag ko si Jay Valleser, Bramy Bayron, Rey Yanez, Gangging Lagman, Boy Guellena, Joe MacMang, Leonie Tan, Randy, ug uban pa sa pakig timbayayong alang ning atong kauban sa buhat.

Ato usab nga i-ampo si Jo Pantoja nga unta molungtad ang iyang pakigbisug sa kinabuhi ug maluwas siya niini nga katalagman.

Tiliwala sa hulga sa media, gihagit ko ang tanan sa pagbarug kanunay sa katungod sa katawhan ug sa pagsumpo sa mga kaaway sa media. Ipatindog nato ang bandila ug ipakita nato nga hangtud karon mas mahait ang gahum sa prensa kay sa armas de puego sa mga tonto, gago, loko ug mga talawan nga tawo sa kalibutan.

Manghinaut ako alang paglampus sa media sa tibuok kalibutan. Mabuhay and Long Live Press Freedom.

In Mindanao, they called him "Ben". In Luzon, they called him...Benjie, Bondying, and Benj. Anyway, Ben is a native of Capalonga, Camarines Norte; it was the place in the Southern part of Bicol region, wherein hundreds of catholic and non-catholic faith believers lodged during the celebration of the Feast of Jesus of Nazarene.

In his younger age, he spent mostly playing to his elder brother Alex. Ben and Alex were good friends and brothers. Carpentry like making "Bancas" or fishing boats was their fathers usually do. This was also the usual place for Ben and Alex to have more time to play. They also both accompanying their father catching fish and do farming.

At the age of 20, Ben played his role as the eldest brother to his 7 sisters and a younger brother Alvin when Alex accidentally died while studying in Manila. Ben treasured much his brother.

Ben was now married to Alona Viador Castillo with whom he has two children: Christine Joyce 13, and Dianne Angela 7. Ben finished his four-year course (Bachelor of arts major in Political Science) at the University of the East, Manila in 1992. Before he entered U.E., Ben was a former seminarian as he took up AB Philosophy (2nd year) at the Holy Rosary Minor Seminary in Naga City.

In 1996, he joined to Malaya, a national newspaper that circulating throughout the Philippines and Abante, a tabloid newspaper with also has a widely circulated copy not only throughout the Philippines but also in some countries in Asia.

His assignment in Mindanao brought him to cover the severe kidnapping incidents made by the Moro National Liberation Front (MNLF), the Moro Islamic Liberation Front (MILF) including some lawless elements and the government-confessed terrorists... the Abu Sayaff.

Ben was among the reporters like Manila-based Rommel Bagares of Philippine Star and Manny Timonera of Philippine Daily Inquirer who completely covered the peace talks between the GRP and the MILF in Marawi City and signing of an agreement for general cessation of hostilities between government and the MILF at the Pryce Plaza in Cagayan de Oro City.

Before the final signing of the agreement, he has been given the opportunity to met and interviewed privately Ghadzali Jaafar, MILF vice chairman for political affairs and Mohammad Alhaj Murad, MILF military affairs chief at Camp Abubakar in Butig, Lanao del Sur. He also met other MILF's high ranking officials like Lanao del Sur commander Salappudin Mimbantas, MNLF commander of the two Lanao provinces Abdul Jialil Narra, and Commander Bravo of Munai, Lanao del Norte.

He also covered two separate abduction of two foreign priest missionaries Msgr. Desmond Hartford and Fr. Johnham Robert Maez. Hartford was an Irish priest who was abducted by disgruntled members of the MNLF on October 27, 1997.

The kidnappers have been asking the government through National Program for Unification Development Council (NPUDC) to release livelihood funds amounting to P5 million in exchange for priest' release. Ben was among the seven local and national correspondents who covered Hartford's release early Saturday in Tangkal, Lanao del Norte after 13 days' captivity by former commanders of the MNLF's 3rd Mobile Army in Mindanao.

He also covered the kidnapping incident of Robert Johnham Maez, a Columban priest and missionary who were abducted by the MNLF rebel returnees while doing his mission in one of the town in Lanao del Sur. Maez was kidnapped by the MNLF rebel returnees to pressure the government, specifically the NPUDC, who holds their livelihood funds.

In 1997 to 2001, the raging war in central, southern and western Mindanao between the government forces and the MILF, as well as the continued attacks and encounters of the CPP/NPA in Bukidnon and Agusan provinces against the elements of the Army's 4th Infantry Division based at Camp Evangelista, Cagayan de Oro City gave with him another great contribution as his name repeatedly by-lined in said newspapers. His stories were used as headline banners and kept front-pages in Malaya and Abante including in Mindanao Gold Star Daily, a local community newspaper in Mindanao.

Ben was also the first correspondent who took footage at Cebu Pacific's wreckage. He made shots the plane's remains as he was boarded at the Napocor's chopper together with the NAPOCOR's president and AFP's Civil Relations Service head Colonel Nestor Castillo.

In the same year of 1996, He joined in Gold star daily, the biggest newspaper in Mindanao, based in Cagayan de Oro City. Except of being a city reporter, after 3-months, he was appointed by Ernesto G. Chu, the Gold Star Daily's publisher to be the editorial cartoonist. Ben was a newspaperman and an editorial cartoonist for more than ten years now. He was also commissioned as the Executive Editor of the Quarterly Newsletter of the Police Regional Office 10 (PRO-10) of the Philippine National Police since 2002 at present (2007).

Ben loved most writing poetry and playing guitar. Ben has wanted to do this since he was in high school. His writing skills caught the ear of a late University of the Philippines (UP) professor Ephraim C. Romero, handling courses in International Law, International Relations, International Organizations, Comparative Governments, Sociology, Economics and History courses. Ben can be seen as one of the researchers and the book cover designer of International Relations, a Philippine textbook in Political Science, Economics, Business, Sociology and Law authored by Romero, Prof. Edgar V. Rosero and Prof. Roman R. Dannug. The book was foreword by Jose David Lapuz, a 1971 T.O.Y.M. Awardees in Political Science.

Ben was a regular member of COPC, Cagayan de Oro Press Club. He was elected as one of the members of the board in 2006 and was re-elected in 2007. He was a regular member of the National Union of Journalist in the Philippines (NUJP) Cagayan de Oro Chapter and elected as auditor in 2006 - 2007. Ben was also a member of Pecojon, (Peace and Conflict Journalism Network).

Ben is now keep busy updating three on-line websites as the on-line team manager: the Cagayan de Oro Journal (http://cagayandeorojournal.blogspot.com/), the Jacnet, “Journalists against Corruption Network” (http://jacnet.blogspot.com/), the official website of the Cagayan de Oro Press Club and the Radical Urban Big Bikers (http://radicalurbanbigbikers.blogspot.com).
For Ben, being a provincial correspondent assigned in Mindanao made him a difference!

Statement of PECOJON
on the Arrest of Journalists
at The Peninsula Manila Hotel

In democracy, we, as journalists, cannot neglect our duty to keep the public informed about events and processes which concern the public interest.

Our duty does not diminish when we, as journalists, face dangerous or uncomfortable situations such as an upcoming engagement of PNP-SWAT operatives aiming to forcibly remove from The Peninsula Manila Hotel a group of soldiers and civilians who demand for the ouster of the President.

As eyes and ears of the public, it is our job to seek information from those inside the hotel as well as from the forces aiming to remove them. It is our task to keep the public informed about what is going on.

We, as media practitioners, are not supposed to join the parties of a conflict, neither by reporting in favor of any side nor by joining them handcuffed in arrest.

In behalf of our member journalists in the Philippines and around the world, PECOJON strongly questions the act of arresting media personnel in The Peninsula Manila Hotel on November 29, 2007. We remind those in charge that access to information and the freedom to report to the public is a pillar of democracy.

Legitimate journalists can be quickly and easily identified without arrest or “processing.” Harassment of journalists, questioning of press freedom and limiting public access to relevant information mean questioning democracy as such.PECOJON-The Peace and Conflict Journalism Network

*National Secretariat Philippineswww.pecojon. org
Nov. 30, 2007
Cagayan de Oro City

* PECOJON is an international network of journalists committed to improving the quality of reporting of conflict, crisis and war through mainstreaming conflict sensitive reporting, improving journalists’ security and providing training and education.

Moreno condemns botched coup bid

Statement of
Gov. Oscar S. Moreno
on the Magdalo Episode II (November 29, 2007)

Today’s actions of Sen. Antonio Trillanes and his Magdalo colleagues must be condemned for they directly strike at the heart of our constitutional order. These actions are despicable and have no place in our society. They are pure and simple anarchy.

We are a government of laws and not of men, and it is imperative and compelling that all of us must at all times uphold the rule of law. The actions of Sen. Trillanes and his Magdalo supporters actually disregard these fundamental principles that our people hold so dear.

Military adventurism not only directly contravenes our constitution; it also destroys our constitutional order, sets a very bad example to our people, conveys a wrong message to the international community, and sets back the hard-earned gains of our country.

It cannot be denied that people at times may encounter or face frustrating situations. All of us go through these moments. Yet, there are constitutional remedies. Some may take time, others may be difficult to many.

But certainly, there are remedies that our constitutional regime allows. Military adventurism can never be justified. Neither the gun nor popularity can provide the justification for a person or his cohorts to take the law in their own hands.

We fully support the constitutional authorities of our country, and the fundamental principle that civilian supremacy over the military must at all times exist.