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Security Sector Reform: Modern Defense Force
philippineS

Published by:

Ateneo de Manila University (ADMU)


Department of Political Science
Working Group on Security Sector Reform (WGSSR)
3/F Leong Hall, Katipunan Avenue, Loyola Heights, Quezon City 1108 Ph
Tel No: +632 426.6001
Email: workinggroupssr@gmail.com

in partnership with

Armed Forces of the Philippines


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Tel. No.: +632 913.0952
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Military Line: +632 774.5625
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with funding support from:

Australian Aid
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Tel. No.: +632 757.8100
Fax: +632 757.8268

Philippine Copyright ©2014

ISBN 978-971-550-691-5

All rights reserved. No part of this book may be reproduced in any


form or by any means, except brief quotations for review, without
permission in writing from the Authors.

Editor
Jennifer Santiago Oreta, Ph.D.

Copy Editors
Kathline Anne S. Tolosa
Mereniza C. Gomez
Reyna Mae L. Tabbada
Maribel Daño-Luna
Alexis Jerome M. Tolibas
Disclaimer
Admin Support
Ramona Liza M. Paulino This publication is produced by (or is a product of) Working
Group on Security Sector Reform, Department of Political
Layout & Design Science, Ateneo de Manila University with support from the
Tyrone John A. Reyes Australian Aid. The indings, interpretations, and conclusions
Email: tihosio_14@yahoo.com expressed in this volume do not necessarily relect the views
Bernadette N. Patañag of the Australian Government.
Email: badzpatanag21@gmail.com
ABOUT THE BOOK

T
The authors have attempted to break apart the ten-point agenda towards a Modern
Defense Force to problematize and translate the big words into smaller, bite-sized,
chewable pieces. The essays attempt to elaborate on the intricacies of the concept
‘modern defense force,’ and engage the reader to think through the issues.

The authors have extensive knowledge as regards the issues they have dealt with in
their essays – some of them are military oficers in active duty, others are researchers
who were involved in actual policy research while in the Department of National Defense
(DND) and/or Armed Forces of the Philippines (AFP), while others are academics
involved in security research. The writers are part of the technical working group
(TWG) created for this research publication while some were invited contributors.

The papers, prior to publication, were all subjected to thorough discussion by the TWG.
While the essay-writer has full responsibility to his/her work, each paper was vetted,
challenged, and debated upon by the entire TWG. The series of TWG discussions
happened during the period January to December 2012.

No conidential information is revealed in any of the papers.

ABOUT THE BOOK iii


TABLE OF CONTENTS
about the book iii

foreword vii
chapters:

1 Dreaming of a Modern Defense Force 1

2 Policy Environment for a Modern Defense Force 11

3 Mapping Out the Legal Terrain of the Philippine Security Sector 25

4 AFP Modernization 39

5 AFP Force Structure 49

6 AFP Doctrine and Training 57

7 AFP Clear Operational Plans 65

8 Philippine Intelligence Community: A Case for Transparency 75

9 Civilian Engagement of the Military 87

10 Gender Inclusiveness in the Military 99

11 Ethnic Representation in the Armed Forces of the Philippines 109

12 Self-Reliant Defense and People-Centered Security 115

13 AFP Regional Security and Defense Cooperation 131

14 The Evolving Role of the AFP: Skewing Towards Non-Traditional Roles 141

15 Regional Cooperation on Civil-Military Coordination in Disaster Response 155

– Crisis or Opportunity?

JOINT TECHNICAL WORKING GROUP 175

about the authors 177

TABLE OF CONTENTS v
FOREWORD
T
This publication comes at an auspicious time in the history of the Armed Forces of the Philippines
(AFP). In 2011, the AFP formally began its institutional reform with the adoption of the Internal Peace
and Security Plan (IPSP) “Bayanihan”. The IPSP puts on paper the positive strides that AFP units
operating on the ground have accomplished. For many years, our soldiers and oficers have carefully
and painstakingly tried to rebuild their relations with communities and stakeholders, with lessons the
IPSP Bayanihan has harvested and put into a formal document that now guides the doctrines and
rules of engagements in the military. Alongside such efforts, the Major Services of the AFP embarked
on crafting their respective transformation roadmaps, which allowed the units to collectively realize the
future of the armed forces that they wish to become.

True to the spirit of multi-sectoral engagement, civilian-led advisory boards were created to help guide
the transformation roadmaps in achieving their agenda, with distinguished members of the business,
academe, and public service as members. Likewise, the AFP has also formalized its commitment to the
Bantay Bayanihan, a network of civil society organizations (running now to almost 180 CSO-members
nationwide), to allow the group to be the oversight in the implementation of the IPSP Bayanihan. Since
November 2011, the AFP and Bantay Bayanihan network has institutionalized the quarterly dialogue
with AFP Uniied Commands, Divisions, and Brigades that allowed for candid and serious discussions
between AFP oficers and civilian groups regarding combat and non-combat operations of the AFP.

The IPSP Bayanihan and the Transformation Roadmaps, together, serve as the platform of the AFP
reform agenda. Most signiicant in these undertakings is the fact that the drive to transform is coming from
within the organization. The AFP is transforming to be a better armed forces that is more responsive in
the fulillment of its constitutional mandate as protector of the people and the State. It is recognizing the
changing landscape of the Philippines as a democratic country, and the need for the military institution
to adapt to this changing environment. It recognizes the increasing demand to address and manage
territorial concerns due to competing claims to resources.

I am happy that military oficers and civilian researchers have worked very closely in the true spirit of
Bayanihan to put together the essays in this publication. Indeed, the discussion in this publication will
greatly help the AFP in further realizing the needed transformation that the military requires to become
a credible and modern defense force, worthy of Filipino pride.

Maraming Salamat at Mabuhay ang Sandatahang Lakas ng Pilipinas!

GENERAL EMMANUEL T BAUTISTA AFP


Chief of Staff, Armed Forces of the Philippines

FOREWORD vii
Security Sector Reform: Modern Defense Force philippines

8
Philippine Intelligence
Community: A Case for
Transparency
by Francis Domingo
Security Sector Reform: Modern Defense Force philippines

PHILIPPINE INTELLIGENCE COMMUNITY:


A CASE FOR TRANSPARENCY
The continuously evolving global security landscape has prompted states across the world
to establish intelligence agencies to effectively protect national sovereignty and security
from prevailing and emerging security challenges and threats. Anchored on Western ideas,
a general notion of intelligence is that it is “stolen information” acquired through espionage
or clandestine activities. This information normally pertains to matters critical to aspects of
national security and threats from actual or potential adversaries. Thus, secrecy of intelligence
information, processes, and organization is absolutely necessary to prevent any damage to
the prestige and national security of a state.

Despite the need to ensure secrecy across all aspects of intelligence, the article argues that the
prevailing tradition or practice of security restrictions should not impede public understanding
or awareness of basic intelligence information in the Philippines. The article provides an
in-depth examination of the Philippine Intelligence Community (IC) by focusing on the following
critical junctures of analysis: 1) identiication of the notions of the intelligence; 2) implications
of secrecy of intelligence activities; 3) structure and organization of the Philippine IC; and,
4) mechanisms for intelligence oversight.

Furthermore, the article offers some recommendations in developing and ensuring intelligence
transparency in the Philippines. These include 1) maintaining public transparency through
the dissemination of basic information on intelligence agencies (i.e. use of media platforms
and linkages with academic and civilian research entities), and 2) developing intelligence
oversight mechanisms, either through executive or congressional oversight mechanisms,
which will ensure that intelligence agencies operate in accordance with democratic principles
and controls.

76 8 PHILIPPINE INTELLIGENCE COMMUNITY: A CASE FOR TRANSPARENCY


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D
Democratic states, both new and established,
are confronted with fundamental and inevitable
in democratic states,4 the general mindset
towards intelligence and intelligence agencies in
dilemma in combining intelligence agencies that the Philippine is still dominated by secrecy and
are effective and under democratic civilian control. resistance to transparency. This is manifested
This is due to the tension between the necessity by the fact that government agencies that
of intelligence agencies to work in secret and engage in intelligence work do not have oficial
the requirement of democratic government for communication mediums like websites and do not
accountability, obliging intelligence transparency.1 consistently publish information briefs and annual
The ultimate challenge for policymakers and reports where basic details can be imparted to
scholars is to understand this dilemma and to the public. It is also signiicant that scholars, local
manage it in a consistent and productive manner.2 and foreign, have not produced any research that
focuses primarily on the intelligence community.
In the case of the Philippines, basic information While some commentators and journalists have
regarding the mandate, functions, and objectives written about issues that challenge intelligence
of intelligence agencies are not available to the agencies, their works did not consider the
public due to the ‘culture of secrecy’ embedded emerging academic literature on intelligence
in members of the intelligence community. And studies and the substantial information available
without the beneit of a freedom of information from other states.5
law which provides access to ‘all information
pertaining to oficial acts, transactions or With this background, this article argues that while
decisions, as well as government research data numerous aspects of intelligence should remain
used as basis for policy development…’3, it would secret, security restrictions should not impede the
be impossible for ordinary Filipinos who help fund public from understanding the purpose, objectives
intelligence agencies to develop awareness and and basic functions of intelligence agencies.
gain basic knowledge about the activities of the The article examines the Philippine Intelligence
Philippine Intelligence Community. Community (IC) in the context of the following
questions: What are the notions of intelligence
Considering that transparency and openness in the Philippines? Why is secrecy necessary in
are instituted norms in intelligence communities intelligence activities? What is the structure and

1 Refers to the oversight function for diferent sectors including legislative and judicial branches of government, media, academia and non-

government organizations to ensure the Philippine Intelligence Community is undertaking its mission legally, efectively, and eiciently.
2 homas Bruneau, “Introduction: Challenges to Efectiveness in Intelligence due to the Need for Transparency and Accountability in Democracy,”

Strategic Insights Volume VI, Issue 3 (2007).


3 Freedom of Information Act of 2009, S.B. No. 3308, 14th Congress, Second Session (2009).
4 Adam N. Shulsky and Gary J. Schmit, Silent War Understanding the World of Intelligence 3rd Edition (Washington D.C.: Brassey’s, 2002),

102-103.
5 Kimberly Tan, “Drilon wants intelligence coordinating agency reorganized” GMA News Online, October 10, 2010, accessed, May 13, 2012,

htp://www.gmanetwork.com/news/story/203297/news/nation/drilon-wants-intelligence-coordinating-agency-reorganized; Cathy Yamusan,


“Open records of Marcos’ spy agency, Enrile urges,” Inquirer News Online, December 12, 2011, accessed, May 13, 2012, htp://newsinfo.inquirer.
net/109377/open-records-of-marcos%E2%80%99-spy-agency-enrile-urges; Maila Ager, “Drilon, Enrile question intelligence agency’s 811
‘unjustiied’ positions,” Inquirer News Online, November 13, 2010, accessed, May 13, 2012, htp://globalnation.

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organization of the IC? What are the different relevant to a government’s formulation and
mechanisms for intelligence oversight? The last implementation of policy to further its national
section presents recommendations for developing security interests and to deal with threats from
intelligence transparency in the Philippines. actual or potentials adversaries.”9 In most cases,
this “relevant information” is collected from
different sources (secret and open) and
Understanding intelligence pertains to matters regarding an adversary’s
military capabilities and intentions, diplomatic
The concept of “intelligence” in the Philippines affairs, and intelligence activities.10 The
is predominantly inluenced by Western notions information is then processed and analyzed
of intelligence. In fact, the whole concept of to generate what is referred to as an “intelligence
“coordinating intelligence” and establishing a product.”
government agency that would coordinate
national intelligence efforts and provide Another notion is that intelligence is also
assessments can be attributed to American considered a systematic process. Mark
inluence.6 Therefore, currently Philippine civilian Lowenthal, a former American intelligence
and military intelligence strategies and policies oficial offers another perspective on intelligence.
are mostly based on the practices of the United He asserts that intelligence is a “process by which
States Intelligence Community.7 speciic types of information important to national
security are requested, collected, analyzed,
There are three dominant notions of intelligence and provided to policy makers.”11 This notion of
which are generally accepted by intelligence intelligence is broader and considers the entire
scholars and practitioners. These notions classify intelligence cycle, from planning and direction to
intelligence into focus on three general catego- dissemination, as “intelligence.”
ries: information, process, and organization.8
Lastly, intelligence is deined as an organization.
One notion is that intelligence is information. Prominent intelligence scholar and former
In their seminal work Silent Warfare, British intelligence oficer Michael Herman
intelligence scholars Abram Shulsky and Gary asserts that while there are several perspectives
Schmitt deine intelligence as “information on intelligence, the key element in these

6 Executive Order No. 235 of 1949, “Creation of the National Intelligence and Security Authority.”
7 See for example: Executive Order No. 246 (1987). “Providing for the Creation of the National Intelligence Coordinating Agency, and for

other Purposes.”Malacanang, Manila, med Forces of the Philippines, AFPM 2-2 Tactical Intelligence (Quezon City, General Headquarters,
Camp Aguinaldo, 1978), Armed Forces of the Philippines, AFPM 2-5 he Armed Forces Ataché (Quezon City, General Headquarters, Camp
Aguinaldo, 1981), and Armed Forces of the Philippines, AFPM 2-02 Joint Intelligence Collection Manual (Quezon City, General Headquarters,
Camp Aguinaldo, 2008)
8 Shulsky and Schmit, Silent War.
9 Ibid.
10 Ibid.
11 Mark Lowenthal, Intelligence rom Secrets to Policy 4th Edition (Washington D.C.: CQ Press, 2009).

78 8 PHILIPPINE INTELLIGENCE COMMUNITY: A CASE FOR TRANSPARENCY


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perspectives is the organizational aspect. He Therefore, information from open sources -


explains that “intelligence in government is based newspapers, television broadcast, or academic
on the particular set of organizations with that publications may be valuable, but it is not
name: the ‘intelligence services’ or (sometimes) necessarily intelligence.
the ‘intelligence communities.’ 12 Consequently,
aside from information or a systematic process, In terms of methodology, there are different ways
intelligence also refers to government of stealing information. Information can be stolen
organizations. These organizations or intelligence through technical means such as enciphered
services have been a twenty-irst century growth cables from foreign embassies can be intercepted
industry and are now permanent institutional and decoded or satellites can surreptitiously
structures in governments around the world.13 photograph a terrorist training camp hidden in
a desert. Information can also be the work of a
The deinitions presented above are certainly human agent, perhaps by slipping classiied
useful in increasing our understanding of documents into a briefcase when leaving work
intelligence but they are not considered as at the end of the day, the classic secret agent
“oficial” or “accepted” deinitions. In fact, for of the spy movies. However the information is
the past years, a number of practitioners, stolen, its theft involves two extremely sensitive
academics, and specialists (intelligence components that intelligence agencies have to
scholars) have attempted to develop viable protect at all cost: the source of information and
deinitions of intelligence.14 While these studies the method used to steal the information.15
have contributed to the emerging academic
literature of intelligence, a viable deinition of The maintenance of secrecy has proven
intelligence is still lacking until this time. essential to the successful development,
implementation, and completion of plans and
missions of the government.16 Secrecy is
Secrecy and intelligence implemented through levels of classiication,
relecting the sensitivity of the intelligence or
Since a general notion of intelligence is that intelligence means. More speciically, the
it is stolen information that pertains to critical conidential classiication level prevents the
aspects of state’s national security and threats from disclosure of information that is expected to cause
actual or potentials adversary, secrecy is ‘damage’ to a state’s national security, the secret
absolutely necessary to prevent any damage classiication level prevents the disclosure of
to the prestige and national security of a state. information that is expected to cause ’serious

12 Michael Herman, Intelligence Power in Peace and War (Cambridge: University Press, 1996)
13 Ibid.
14 Michael Warner, “Wanted: A Deinition for Intelligence,” Studies in Intelligence Vol. 46 Issue 2 (2002).
15 homas Patrick Carroll, “he Case Against Intelligence Openness,” International Journal of Intelligence and Counter Intelligence 14 (2001):

559-574.
16 Commission on Protecting and Reducing Government Secrecy, Report of the Commission on Protecting and Reducing Government Secrecy

(Washington D.C.: Government Printing Oice, 1997): 6.

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damage’ to a state’s national security, while national security and foreign policy matters with
the top secret classiication level prevents the his senior national security advisors and cabinet
disclosure of information that is expected to cause oficials.18 The President chairs the NSC, which
exceptionally grave damage’ to a state’s is composed of members of key government
national security. These classiications are departments including foreign affairs, national
driven by concerns that disclosure of sources defense, military, interior and local government,
and methods will allow other actors to justice, labor and employment, science and
implement measures to prevent collection, technology.19
effectively negating the collection system.17
To translate policy into action, the NSC relies on
Therefore, intelligence and secrecy are directly the National Intelligence Coordinating Agency
correlated. Since intelligence is information (NICA) which is the main intelligence agency of
acquired through espionage or clandestine the Philippine government. The agency which
activities, secrecy is required to protect the was originally established as the National
sources of information and the methods utilized Intelligence and Security Authority (NISA) by
to steal the information. Having established the President Elpidio Quirino in 1949 was tasked
connection between intelligence and secrecy, to “organize and coordinate the intelligence
the next section examines the structure and collection activities of various government
organization of the Philippine Intelligence instrumentalities concerned.” However since
Community. 1987, NICA’s mandate has shifted to a
broader scope of “directing, coordinating, and
integrating all government activities involving
The Intelligence Community national intelligence.” 20 In addition, the agency
plays a central role in preparing intelligence
The structure of the IC is generally patterned assessments for consideration of key
after the US Intelligence Community prior to 2004. decision-makers in the Philippine government.
Much like the United States, the President of the
Philippines is the highest authority on matters Under NICA, there are two functional bodies, the
involving national security. The National National Intelligence Committee (NIC) and the
Security Advisor (NSA) is the chief advisor of the Regional Intelligence Committee (RIC). The NIC
President on national security matters and is the principal arm of the National Intelligence
belongs to the oficial cabinet of the President. Board for providing direction and control of
The National Security Council (NSC) is the intelligence operations and activities of the
President’s principal forum for deliberating on intelligence community. The NIC is also a

17 Lowenthal, Intelligence From Secrets to Policy


18 he White House, National Security Council, last modiied 2010, htp://www.whitehouse.gov/administration/eop/nsc.
19 Shiela Coronel and Yvonne T. Chua (eds.), he PCIJ Guide to Government (Quezon City: Philippine Center for Investigative Journalism,

2003).
20 Department of Budget and Management, National Expenditures Program 2009 Executive Oices, National Intelligence Coordinating Agency.

Quezon City: Department of Budget and Management, 2009.

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high-level forum where the IC can conduct the SMC, SMC-Alpha and SMC-Bravo. Alpha
intelligence exchanges to generate inputs for closely monitors domestic threats speciically
NICA’s national intelligence estimate (NIE).21 destabilization plots against the administration
while Bravo serves as “the body principally
RICs have the same mandate and structure as tasked to undertake threat assessment work”
the NIC, however the scope of these units is including intelligence monitoring of terrorist
narrower or more “localized”. RICs have direct plans and activities.” 25
operational function thus permitting them to
act on intelligence reports requiring immediate
action.22 Recommendations for intelligence
transparency
The National Intelligence Board (NIB) is the
highest forum for intelligence exchange among The emergence of transnational security
senior oficials from selected government threats originating from state and non-state
departments and units.23 The NIB provides the actors has proven that intelligence is an
NICA Director-General with an independent essential tool for states in the twenty irst century.
source of advice on the effectiveness of the While developing an internal security service is a
IC in meeting the country’s intelligence standard procedure for states to secure
requirements and the coordination and integration their citizens, few states still take the view
of local and global intelligence operations. Due to that they can dispense with a foreign
the nature of its mandate the NIB has access to all intelligence service. Two basic patterns exist for
information needed to perform its functions organizing security and intelligence. The irst
and includes senior oficials of all government involves the establishment of a single agency
department and units of the Philippines integrating domestic and foreign intelligence
government.24 (Albania, Bosnia and Herzegovina, the
Netherlands, Spain and Turkey). The second
The Special Monitoring Committee (SMC) necessitates the creation of separate
was established in 2002 for counterintelligence agencies for domestic security and external
operations, particularly to monitor domestic intelligence, with either distinct or coinciding
threats such as destabilization plots against territorial capabilities (France, Germany, Hungary,
the administration, and terrorism against the Poland, the UK and the USA). Even with
general public. Two groups were created within the variations in the organizational structure or

21 National Intelligence Board Directive No. 1 Series 2003 cited in Ariel Perlado, “Assessing the Efectiveness of the Intelligence Coordination

System of the National Intelligence Coordinating Agency (unpublished master’s thesis, National Defense College of the Philippines, 2011).
22 Ibid.
23 AFP-J2, AFP-ISAFP, PNP-IG, PNP-ITG, NBI, Presidential Security Group, Justice, Foreign Afairs, Local Government, Budget and

Management, Finance, Energy, Transportation and Communication, Labour and Employment, Transportation, Environment and Natural
Resources, Social Welfare, Public Works, Trade and Industry, Heath, Agriculture.
24 Executive Order No. 158 ______ (1968).
25 National Intelligence Board No. 2 Series 2002 cited in Perlado, Assessing the Efectiveness.

8 PHILIPPINE INTELLIGENCE COMMUNITY: A CASE FOR TRANSPARENCY 81


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governmental set up, security and intelligence various threats to national security.27 On the other
pose a common set of challenges for hand, setting up oficial websites that feature
accountability across different states.26 basic information about intelligence agencies
indicates a high level of transparency and respect
The central issue in advocating for intelligence for democratic processes. Indonesia’s Badan
transparency through oversight is the Intelijen Negara (State Intelligence Agency),
challenge of how to provide democratic control of Mexico’s El Centro de Investigación y Seguridad
intelligence and intelligence agencies which Nacional (Center for Research and National
are essential to the survival and prosperity Security) and India’s Central Intelligence
of the state, but which must operate secretly. Bureau are examples of developing countries
Consequently, this study submits the that have been successful in disseminating
following recommendations which are based information to the public through the Internet.28
on the practices of democratic governments.
Collaborating with academics and researchers
Maintain public transparency is another basic strategy which intelligence
agencies implement to maintain transparency.
There are two basic strategies that intelligence Since intelligence is a process, intelligence
agencies employ to maintain public agencies work with academics and researchers to
transparency. One strategy is for intelligence ensure that their administrators, analysts, and
agencies through their public affairs ofice, oficers develop new and progressive
publish basic information, whether printed or perspectives regarding the different aspects
online, about their work. A second strategy is for of intelligence, particularly clandestine
the intelligence agencies to collaborate collection, counter intelligence, analysis and
with academics and researchers to allow covert action or in Philippine parlance ‘special
them to understand and assess different operations’. While the literature on intelligence
aspects of intelligence agencies. is well developed, it is strictly dominated by
Western academics and practioners. Important
Publishing basic information about intelligence examples of scholarly works on intelligence
agencies such as US National Intelligence: A include: Michael Herman, Intelligence Power
Consumer’s Guide to Intelligence released in in Peace and War and Allen Dulles, The Craft
2009 and the UK National Intelligence Machinery of Intelligence which discusses clandestine
published in 2010 provides American and British collection from an historical perspective;
citizens with a general understanding of how the Jennifer Sims, Buton Gerber, Vaults
intelligence agencies will protect them against and Mirrors and Masks Rediscovering

26 Hans Born and Ian Leigh, “Democratic Accountability of Intelligence Services” Geneva Centre for the Democratic control of Armed forces

Policy Paper 19 (2007), 6-7.


27 Oice of the Director for National Intelligence, National Intelligence: A Consumer’s Guide (Washington D.C.: U.S. Director for National

Intelligence, 2009) and UK Cabinet Oice, National Intelligence Machinery (London: he Stationary Oice, 2010)
28 Center for Research and National Security, What is the CISEN?, last modiied 2010, htp://www.cisen.gob.mx/ cisen.htm; BadanIntelijen

Negara, Proile,last modiied 2012, htp://www.bin.go.id/#; Ministry of Home Afairs, Organisational Setup, last modiied May 16, 2011.

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US Counterintelligence and William John- powers, functions, duties, decision making


son, Thwarting Enemies at Home and processes and other information that does not
Aboard discusses prospective reforms in damage the national security of the State, it is
US counterintelligence; Stephen Marrin, still uncertain whether this bill will be approved
Improving Intelligence Analysis: Bridging the by both legislative and executive branches of
Gap Between Scholarship and Practice the government.30
and Thomas Fingar, Reducing Uncertainly,
Intelligence Analysis and National Security Develop intelligence oversight mechanisms
provide key ideas on how to improve
intelligence analysis; and, inally Gregory The central issue in ensuring intelligence
Treverton, Covert Action The Limits of transparency is the challenge of how to provide
Intervention in the Postwar World and democratic control or oversight on intelligence
William Daugherty, Exec tive Secrets: Covert functions and institutions which are essential
Action and the Presidency offer recommendation to the survival and development of a state, but
to address controversial issues regarding which must operate in justiiable secrecy.
covert actions in the United States.
In contrast to other areas of governmental
Aside from the two basic strategies, it is activity, it is accepted that oficial
necessary for the Philippine Congress to pass communications and operations of intelligence
legislation requiring intelligence agencies to agencies can only be transparent to a limited
disclose basic information which should at extent. Prevailing mechanisms for oversight
the least, include “descriptions of its central applied by a majority of governmental activities
and ield organization” and “statements of the need to be modiied to match the requirements
general course and method by which its functions of intelligence agencies. Therefore, the need for
are channeled and determined.” 29 As mentioned rigorous oversight is much greater than in the
previously, the Filipino people have yet to case of activities such as education or welfare.31
beneit from a law that mandates easy and
eficient access to public information. While Intelligence oversight is still an emerging
the latest version (2012) of the freedom of concept in the Philippines.32 The mission of
information bill, An Act to Strengthen the Right of investigating “illegal, unjust, improper or
Citizens to Information held by the Government ineficient” actions by public oficials resides
requires all government agencies to “regularly with the Ofice of the Ombudsman, the Senate
publish, print and disseminate” updated key Committee on Accountability of Public Oficers
information regarding mandate, structure, and Investigations (Blue Ribbon) and the House

29 he Freedom of Information Act, 5 U.S.C. § 552 as amended by Public Law No. 110-175, 121 Stat. 2524.
30 Proposed Freedom of Information Act of 2012, accessed on 16 July 2012, htp://www.gov.ph/foi/.
31 Born and Leigh, Democratic Accountability of Intelligence Services.
32 Senate Bill 765, he Intelligence Oversight Act of 2010, accessed on 17 July 2012,

htp://www.senate.gov.ph/lis/bill_res.aspx?congress=15&q=SBN-765

8 PHILIPPINE INTELLIGENCE COMMUNITY: A CASE FOR TRANSPARENCY 83


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Committee on Good Government and Public they authorized. In states where this system is
Accountability.33 While these may be considered absent, the only democratic alternative is for a
successful in uncovering vital information congress to take over. However, this alternative
regarding national security matters, these is questionable because, while legislative bodies
investigative institutions are not necessarily can effectively investigate the use of powers and
suitable to implement effective intelligence expenditure after the fact, they are not capable
oversight because they lack the focus and security of directing and managing real time intelligence
protocols present in specialized department activities unlike the executive branch of
or committees of more advance democratic government.36
states like Argentina, the United Kingdom
and the United States.34 The succeeding Congressional Oversight
section discusses the two dominant types of
intelligence oversight mechanisms which could The international norm is for Congress to
be appropriate for the Philippine government. create a specialized body which is mandated to
provide oversight of the intelligence services.
Executive oversight Without a specialized committee, it is dificult if not
impossible for the Congress to exercise
The deinitive authority and legitimacy of systematic and focused oversight of the
intelligence agencies rest on legislative intelligence services. The extent of the
approval of their powers, activities and budget. mandate of the Congressional intelligence
However, for practical reasons and because of the oversight committee is critical for its success.
sensitive nature and urgency of the tasks of One option is for the mandate to be
involving intelligence, effective external control comprehensive, reviewing both policy and
of these agencies must rest with the executive operations (Germany and United States). A
branch of government.35 Congressional oversight body that focuses on
operations may have greater credibility and
There is no inherent conlict between executive may be given greater powers, such as powers
control and congressional oversight. In fact, the of subpoena. However, it will encounter
congress depends on the executive for effective unavoidable restrictions on how it undertakes
oversight because congress can only reliably investigations and on what can be reported
call members of the executive branch to account to the Congressional Committee or the
for the actions of intelligence agencies only if public. It will operate in effect within a ‘ring of
these oficials have actual powers of control and secrecy’ and that will create a barrier between
have suficient information about the operations the specialized body and the remainder of the

33
34 Hans Born, Loch K. Johnson, and Ian Leigh (eds.), Who’s Watching the Spies? Establishing Intelligence Service Accountability (Dulles,

Virginia: Potomac Publishers, 2005).


35 Born and Leigh, Democratic Accountability of Intelligence Services.
36 Ibid, pp. 10-11.

84 8 PHILIPPINE INTELLIGENCE COMMUNITY: A CASE FOR TRANSPARENCY


Security Sector Reform: Modern Defense Force philippines

Congressional Committee. As long as the security of a state. More speciically, secrecy


committee establishes a reputation for is absolutely vital in protecting the sources of
independence and thoroughness, this barrier intelligence and the methods utilized to obtain
should not affect its legitimacy. With this intelligence.
arrangement, the Congressional Committee
and the public will have to trust that there exists In terms of structure, the Philippine
proper oversight of operational matters even Intelligence Community is generally patterned
without readily available supporting evidence.37 after the US Intelligence Community prior to 2004.
Much like the United States, the President of the
The alternative approach is to limit the mandate of Philippines is the highest authority on matters
the Congressional oversight committee to certain involving national security while the National
aspects particularly policy and inance (United Security Adviser is the most inluential senior
Kingdom) or human rights and the rule of law staff member when national security matters are
(Norway). These aspects are generally examined involved. The NSC which is also patterned after
in the public arena with fewer restrictions on the American National Security Council, is the
disclosure, although the publication of exact President’s principal forum for deliberating on
budgetary details may be damaging to national national security and foreign policy matters with
security. The dificulty of this approach, however, his senior national security advisors and cabinet
is that it undermines one of the key tasks of oficials. To implement policies developed within
Congressional scrutiny: ensuring that the NSC, the President relies on the NICA, which
government policy is carried out effectively and is the main intelligence agency of the Philippine
within the boundaries of the law. Without access to government. Under the NSC, there is also the
operational details, an oversight body can have National Intelligence Board where the highest
or give no assurance about the eficiency or the forum for intelligence exchange among senior
legality of the intelligence agencies.38 oficials from selected government departments
and units take place.

Conclusion With the emergence of transnational security


threats originating from state and non-state
The concept of “intelligence” in the Philippines actors, there is no question that intelligence
is dominated by Western ideas which deine agencies are necessary for states to survive in
intelligence as not only information but also the twenty irst century. While there are different
a process and an organization. Since a patterns and procedures for organizing
dominant notion of intelligence is that it is stolen intelligence agencies, achieving intelligence
information, secrecy is absolutely necessary transparency will always remain a main challenge
to prevent damage to the prestige and national for democratic states.

37 Ibid.
38 Ibid.

8 PHILIPPINE INTELLIGENCE COMMUNITY: A CASE FOR TRANSPARENCY 85


Security Sector Reform: Modern Defense Force philippines

Increasing public transparency and developing practical oversight mechanism because with
intelligence oversight mechanisms are the sensitive nature and urgency of the tasks of
recommendations to develop intelligence involving intelligence, effective external control
transparency in the Philippines. As discussed of these agencies must rest with the executive
previously, intelligence agencies can increase branch of government.
public transparency by developing an oficial
website, publishing documents regarding the On the other hand, Congressional oversight
Philippine Intelligence Community and is the dominant mechanism adopted by
collaborating with academics and researchers. different democratic states because these
Intelligence oversight is still an emerging committees are generally effective in investigating
concept in the Philippines. Executive the use of powers and expenditures of intelligence
oversight and congressional oversight are agencies. However, the problem with these
two dominant mechanisms to ensuring that committees is that they are not capable of
intelligence agencies are a countable for their directing and managing real time intelligence
actions. Although deinitive authority and activities that the executive branch of
legitimacy of intelligence agencies rest on government can implement.
legislative approval, executive oversight is a

SOURCE: 4TH SPECIAL FORCES BATTALION, AFP

86 8 PHILIPPINE INTELLIGENCE COMMUNITY: A CASE FOR TRANSPARENCY


ABOUT THE AUTHORS
J
Jennifer Santiago Oreta, Ph.D.
JENNIFER SANTIAGO ORETA holds a PhD in Political Science. Her research interests include
security sector reform and development, peace and security, arms and gun-violence, gender and
social movements. Dr. Oreta is Asst. Professor on Political Science at the Ateneo de Manila University.
She has been appointed as Assistant Secretary to the Ofice of the Presidential Adviser on the Peace
Process (OPAPP) last February 2013. She is in-charge of the DDR (disarmament, demobilization,
and reintegration) program, as well as the Knowledge Management and Resource Center of the
institution. She is also the focal person in mainstreaming the cross-cutting issues of gender, children,
indigenous communities, human rights, and security sector reform, and ensuring there is consistency
in policy as regards these issues.

K
Kathline Anne Sigua Tolosa
KATHLINE ANNE S TOLOSA is Co-Convenor of the Working Group on Security Sector Reform. As
the head of the National Secretariat, she convenes the Bantay Bayanihan, a network of civil society
organizations performing oversight on the Philippine military, creating dialogue spaces, and building
a constituency for peace and security issues. She has co-authored Pagpati’ut: Mediating Violence
in Sulu, published by the Centre for Humanitarian Dialogue, and Revisiting the Policy Environment
on Peace and Security, published by the Australian Aid-The Asia Foundation partnership in the
Philippines. She has served in various capacities at the Department of National Defense, Armed
Forces of the Philippines, Department of Transportation and Communications, and the Ofice for
Transportation Security.

N
Atty. Noel del Prado
NOEL ROMERO DEL PRADO graduated from the Ateneo de Manila University with a degree in AB
Philosophy in 1992, and the Ateneo de Manila University College of Law in 1997. He teaches Filipino
Literature at the Ateneo de Manila University. He is a Board Member of the Inter-Country Adoption
Board (ICAB) and the Movie and Television Review and Classiication Board (MTRCB). He worked as
the Legal Service Director of the Philippine Department of Social Welfare and Development (DSWD),
and as a Legal Consultant in the Senate, the House of Representatives, the Department of Education
(DepEd), UNICEF and USAID. He served as the Chief of Staff in the Senatorial Campaign of Hon.
Grace Poe. He is also a volunteer lawyer for Bantay Bata 163, the Council for the Welfare of Children
(CWC), and the National Council on Disability Affairs.

ABOUT THE AUTHORS 177


M Melanie Rodulfo-Veril
MELANIE ROSE RODULFO-VERIL is a graduate student from the University of the Philippines
majoring in Asian Studies. Her area of research is in comparative Southeast Asian politics and is
particularly interested on issues on Philippine security relations, disaster management, and disaster
diplomacy. As a professional, she has been involved in several foreign-funded peace and development
programs, including those implemented in conlict and post conlict affected areas in the Philippines.
She currently works for the Pantawid Pamilyang Pilipino Program of the Department of Social Welfare
and Development as a Planning Oficer.

R
Captain Roy Vincent T. Trinidad (GSC) PN
CAPT ROY VINCENT TRINIDAD PN (GSC) is currently the Chief of the Territorial Defense Division
of the Ofice of the Deputy Chief of Staff for Operations, J3. Prior to his serving as the Chief TDD, he
is the Assistant Division Chief of the Manpower and Organization Division, and at the same time the
Chief of the Administrative Division of OJ3. He has been working with OJ3 for three (3) years.

A
Colonel Amador T. Tabuga Jr. (GSC) PA
COL AMADOR T TABUGA, JR. graduated from the Philippine Military Academy in 1986. He is the
Chief of Uniied Command Staff of Western Mindanao Command, Armed Forces of the Philippines
which covers the whole of ARMM region, Zamboanga Peninsula and the two Lanao provinces. Prior
to this, he was the Assistant Chief of the AFP Doctrine Development Center and was the Team Leader
of the Poject Management Team (PMT) in the revision of the AFP Basic Doctrine and Joint Doctrine
manuals which were approved for publication by the CSAFP.

178 ABOUT THE AUTHORS


I
Colonel Isidro L. Purisima (GSC) PA
COLONEL ISIDRO LA MADRID PURISIMA is currently the Chief of Staff of 3rd Infantry (Spearhead)
Division, Philippine Army based in Panay Island, Western Visayas. His recent assignments include
Chief, Research and Doctrine Division and Executive Oficer of the Deputy Chief of Staff for
Operations, J3, AFP. He is a member of PMA ‘Sandiwa” Class of 1985. He inished his Diploma in
Strategic and Defence Studies in University of Malaya in Malaysia and is a graduate of Master of Arts
in Strategic Security Studies at the National Defense University, USA.

I
Iren C. Gumpal
IREN CACHOPERO GUMPAL is a Research Analyst of the Ofice of the Deputy Chief of Staff for
Operations, J3, GHQ, Armed Forces of the Philippines. She took her Master of Professional Studies
in Development Communication at the University of the Philippines Open University, and her BS in
Development Communication at the University of the Philippines Los Baños. She is currently under
the Research and Doctrine Division of OJ3.

F Francis Domingo
FRANCIS DOMINGO is an Assistant Professor at the International Studies Department of De La
Salle University and concurrently a postgraduate research student at the Department of Politics and
International Relations of University of Reading. Before joining academia, he was a military analyst
with the Armed Forces of the Philippines and the Associate Managing Director of RVD Business
Intelligence Consultancy, a pioneering competitive/business intelligence consultancy irm based in
Makati City for several years. He completed a BA in Political Science from De La Salle University in
2004 and an MA in Intelligence and Security Studies from Brunel University in 2009.

ABOUT THE AUTHORS 179


MMaribel Daño-Luna
MARIBEL DAÑO-LUNA is a researcher for peace and security from the Working Group on Security
Sector Reform. She serves as the coordinator of Bantay Bayanihan, a nationwide network of CSOs
that acts as oversight for the implementation of the AFP’s IPSP Bayanihan on the operational and
policy level. Her irst-hand experience in promoting civilian and democratic control of the armed
forces stems from her background both from the civil society and the military. She began her career
as a researcher for Task Force Mapalad, an NGO helping farmers in Mindanao and Negros. After
her transitory residence in Mindanao, she proceeded to work as a researcher/analyst for the Armed
Forces of the Philippines where she took on research positions in the Philippine Navy and the Ofice
of the Deputy Chief of Staff for Operations (OJ3). She studied BA Communication Research in the
University of the Philippines Diliman.

C
Carla Isabel M. Ravanes
CARLA ISABEL M. RAVANES is a graduate of Bachelor of Science in Psychology from the University
of the Philippines Diliman. She has previously worked for the Ofice of the Deputy Chief of Staff for
Operations, OJ3 of the Armed Forces of the Philippines under the said ofice’s Research and Doctrine
Division. Currently, she is a part of the Policy Unit of the Ofice of the Presidential Adviser on the
Peace Process (OPAPP) which aims to mainstream the different cross-cutting concerns on gender,
children, human rights and international humanitarian law, indigenous peoples, and security sector
reform in the various Philippine peace tables.

J
Joseph Raymond Franco
JOSEPH FRANCO is an Associate Research Fellow at the Centre of Excellence for National Security
(CENS), S. Rajaratnam School of International Studies (RSIS), Nanyang Technological University,
Singapore. He holds a BA in Political Science from the University of the Philippines-Diliman and
an MSc in International Relations from RSIS (ASEAN Graduate Scholarship). Joseph is currently
working on issues surrounding radicalization in the Southern Philippines. His other research interests
include internal conlict, counter-insurgency, special operations forces and peacekeeping.

180 ABOUT THE AUTHORS


M
Mereniza C. Gomez
MERENIZA DELA CRUZ GOMEZ is a member of the Ateneo de Manila University Working Group
of Security Sector Reform (WGSSR). She was a faculty of the Makati Medical Center College of
Nursing teaching Philippine History, Government and Constitution. She is also a part-time faculty
of De La Salle University Department of International Studies. She worked for the Armed Forces of
the Philippines as a Defense Analyst for International Affairs from 2008-2011 under the Ofice of the
Deputy Chief of Staff for Plans, J5. She is a graduate of BA Organizational Communication from UP
Manila and earned her graduate degree, Master in International Studies, at UP Diliman.

S
Saya Kiba, Ph.D.
Saya Kiba is a political scientist. She studied at the Graduate School of International Cooperation
Studies, Kobe University (Ph.D. in Political Science 2010) and the Third World Studies Center,
University of the Philippines (2003-2004, 2010). Her major ields of interest are civil-military relations,
international cooperation studies, and social movements especially in urban poor communities.
She has worked in the Embassy of Japan in the Philippines and the House of Representatives of
Japan. She is currently an adviser in the Embassy of Japan in Thailand. In 2013, she is awarded The
Nippon Foundation’s Asian Public Intellectuals (API) Collaborative Grant for her joint research project,
“Comparative Analysis on Military-NGO Cooperation Policies in Asia.”

R
Rosalie Arcala Hall, Ph.D.
ROSALIE ARCALA HALL is a Professor of Political Science and University Scientist I at University
of the Philippines Visayas Miagao, Iloilo. She earned her graduate degrees (Ph.D. in Public and
International Affairs; MA Political Science) from Northeastern University, Boston, Massachusetts
under a Fulbright Fellowship. She published articles on civil-military relations in the Philippine Political
Science Journal, Asian Security, Korean Journal of Defense Analysis and Scientia Militaria. She
has completed various research projects on civil-military engagements during counterinsurgency,
humanitarian, disaster response and anti-terror operations; gender issues inside the armed forces
and police; and rebel integration into the armed forces with grants from The Nippon Foundation,
Toyota Foundation, East Asian Development Network, Fulbright Advanced Research, and the Austrian
government North-South Exchange Program.

ABOUT THE AUTHORS 181


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