The weakest link in the Megamall heist

By Ace Esmeralda,VERA Files

A shop in Megamall after the robbery. Photo by Rio Ribaya from Yahoo.

Many things don’t fit in the statements of the police on the Jan. 26 Megamall robbery.

As of this writing, the Mandaluyong police have claimed to have “identified” two of the six suspects in the robbery. But in reality, they don’t have the two suspects’ names and addresses yet. What they have are cartographic sketches that matched the images captured by the CCTV and confirmed by the sales ladies of The Jeweler and F&C Jewelry stores. Ironically, the police were quick to tag the Martilyo (Hammer) Gang as suspects without knowing that pipe wrenches were used to smash the glass displays and that they haven’t identified by name and other personal details any of the robbers.

How did it happen?

At around 6:56 p.m. of that Saturday, the first of the six suspects entered the mall thru a supermarket entrance where the security guards on duty were performing their mandatory and required bag check and frisking. Five others were seen thru CCTV review to have entered the same door, seconds apart each other.

However, it seems that the suspects know that the performance of duty of the guards were perfunctory, cursory and for the sake of compliance only. Only one of the six was armed, at least, with a .45 caliber pistol – based on the fact he fired two shots during the daring deed.

The armed man went thru the inspection but the hand frisking guard who did not use his hand-held metal detector failed to detect the gun tucked in his crotch. The guard was most likely cautious of touching the genital area. It was never known if any one else was armed since it was not evident in the CCTV records.

Eight minutes after the first guy entered the supermarket doors, two guys went to Ace Hardware to buy pipe wrenches. Despite the fact that they can buy any other tools and implements, they settled for a practical and less suspicious tool for their trade.

Twenty-two minutes after the purchase of the tools, the wrench-carrying members of the “Hammer Gang” went to the department store area and smashed the frail glass casings of the display counters of F&C Jewelry and The Jewelry stores. Since the smashing of glass created sharp attention-getting sound, department store security guards proceeded to the source of the noise. One of the robbers drew out his pistol but accidentally fired his first shot at a nearby display counter. His second shot was “fired to the air” as a “warning shot” and hit the ceiling. The recovered embedded slugs confirmed the caliber of the pistol. However, as most crime cases involving firearms, ballistics are good only in proving that the gun used is not licensed, therefore, there is no lead to the ownership.

In just two minutes, all the robbers made good of their escape with the ensuing commotion and confusion of the weekend shoppers and mall-goers. They reportedly carted with them almost 175 pieces of gold necklaces, rings, bracelets, and earrings. Not unusual as it may be, the two stores are not giving out the estimated value of the stolen items, yet. They may still be consulting their insurers or appraisers until now.

Within the first minute of the crime, the police were called in. They claimed to have arrived after two to three minutes, which is unusually fast but still late to catch the robbers.

Why did the robbers get away?

So how come the robbers still got away? The simplest answer is that they simply blended with the crowd who were rushing out the enclosed confines of the mall. The simpler answer is that the security forces and the police don’t know yet the real situation in the first two minutes and even if they know, they don’t have faces and details to base their apprehensions. Therefore, a quick response and arrival of the police is no big help when they do not know the situation.

Locking down a big mall with tens of thousands of people in a Saturday while waiting for incident details is not an easy job. Engaging armed suspects with automatic weapons inside thickly populated confined spaces may most likely harm innocent people than neutralizing suspects. Such realistic situation provides any criminal or even a shoplifter the opportunity to escape being caught.

How about the safety and security of mall goers?

Security is different from safety, technically speaking. But for laymen, safety and security are interchangeable terms. It is assumed that SM Megamall building structures, driveways, and other facilities were constructed with general safety in mind. Security experts,however, noticed that holistic security concepts were not part of their building design just like 99.9% of buildings in the country.

There are many aspects of safety and security in a building complex. Generally speaking, the security guards in SM malls, like all other security guard posts, are to provide both the security and safety requirements not only of the mall goers but of the SM employees and tenants also. The guards of the retail outlets and malls are to protect first the shoppers and mall goers. They are not to engage criminals in a shoot-out or to prioritize the protection of material goods above the welfare of human life.

They personally undergo vetting and training while their agencies are subjected to accreditation process. The security management and standards of SM supermarket, SM department stores, Ace Hardware, and the malls are different from each other. Each has different assessment of their risks and threats, standards in hiring security agencies, and use of guns. They undergo periodic audit and training but whether the auditors are independent and certified is another thing.

The first and the last person shoppers see in buildings in the Philippines are the security guards who are also expecting that they and their families are always safe and secure when spending time in malls and other places. They know that they got their job as private security guards because the tax-paid public police officers are not enough.

It takes only one guard not to perform his job for security systems to fail. And in this case, the culprit was that guard at the supermarket entrance.

(Ace Esmeralda is a former Army officer and graduate of Philippine Military Academy. He is a Certified Protection Professional of the ASIS International and asset protection consultant to several multinational corporations. He is also a technical security design and management system consultant.)

(VERA Files is put out by veteran journalists taking a deeper look at current issues. Vera is Latin for “true.”)

After China snub, what now?

Atty. Romel Bagares

By Romel R. Bagares

Just as pundits have predicted, China soon announced it is not taking part in the arbitration proceedings initiated by the Philippines over the two countries’ territorial dispute in the West Philippine Sea (South China Sea for the Chinese).

So, what happens next – does this mean an abrupt end to the Philippines’ quest for an effective legal solution to the riddle of the Chinese Nine-Dash Line claim?

Well, not quite.

Or at least, not yet.

The Philippine case against China was anchored on Annex VII of the UN Convention on the Law of the Sea (UNCLOS).

Click here (VERA Files) for the rest of the article.

Veteran diplomat’s advice to PH re UN case vs China: ‘Stop off-tangent remarks’

By LauroL.Baja, Jr., VERA Files

Baja at the UN

The Philippines has finally brought to the compulsory dispute mechanism of the United Nations Convention on the Law of the Sea (UNCLOS) its conflict with China over some areas in the West Philippine Sea. Finally, because many believe that this action should have been done before 25 August 2006, when China declared “it does not accept any of the procedure provided for in section 2 of Part V of the Convention referred to in paragraph (a) (b) and (c) of Article 298 of the Convention.”

Be that as it may, we should accept and support the wisdom and circumstances which led the Philippines to file the case with the Arbitral Tribunal. Views on why only now, why the Arbitral Tribunal, and why file it all, should now focus on how best to contend with China’s possible defense that the dispute is subject to its reservations.

Update: China opposes taking sea disputes to UN

That we filed the case is not yet an achievement and we should be fully prepared and persevere just in case proceedings start.

The first obvious step is to desist from too much off-tangent remarks that may pre-empt the positions of prospective arbitrators and also our counsels. We also run the risk of telegraphing our positions. President Aquino cautioned against “giving the other side a preview of everything that we will do.”

General expressions of support from nations should be welcomed with quiet dignity and gratitude. Besides the case may fall already under the subjudice rule.

Our statement of Notification and Claim has remarkable parallel with the Statement of Claim of Barbados against Trinidad and Tabago concerning the delimitation of the exclusive economic zone and continental shelf between the two states.

There may be lessons to be learned comparing the two Statements.

The Barbados Statement is more detailed than the Philippine Statement. Unless it is a matter of tactics or strategy, we must specify in our Memorials, which I assume will be submitted later, what we want the Arbitral Tribunal to award us, and why. This will avoid a possible decision not to take cognizance of the case for failure to state legal,convincing cause of action.

In subsequent submissions, we must define what we mean by “unlawful activities”; specify the “acts of interferences” by China, what and where are the “rocks” located; why is China’s nine-dash-line contrary to UNCLOS; and what provisions or articles of the Convention have been violated.

If reports in the printed media are correct, the Philippines is requesting the Arbitral Tribunal to issue among others, an Award that “Declares that China’s rights in regard to maritime areas in the South China Sea, like the rights of the Philippines, are those that are established by UNCLOS, and consist of its rights to a Territorial Sea and Contiguous Zone under Part II of UNCLOS, to an EEZ under Part V, and to a Continental Shelf under Part VI.”

Do we really admit that China has such rights in the South China Sea?

It is important that we submit a petition for “Provisional Remedies” to protect our sovereign rights in the West Philippine Sea. The fact that we have gone to the Arbitral Tribunal will not stop Chinese activities in the area. It is right and necessary since the case will take years before a decision is made, it at all.

Some believe our resort to arbitration is a sign that our diplomacy failed. Perhaps but this should not prevent the Philippines from trying again. Both countries desire a peaceful and just solutions to the South China Sea issue. And domestic structures and geopolitical environment are ever changing.
Diplomacy requires confident, creative and consistent improvisation and imagination to deal with uncertainties in a creative way.

(The author is a veteran Philippine diplomat. He was the Philippine Permament Representative to the United Nations (May 2003- Feb.2007). Prior to that, he was Foreign Affairs Undersecretary for Policy.)

(VERA Files is put out by veteran journalists taking a deeper look at current issues. Vera is Latin for “true.”)

A Master Class by a world-class Filipino

Arthur Espiritu in a CCP Master Class

By Charmaine Deogracias, VERA Files

When the Cultural Center of the Philippines launched master classes last year as part of their artist education program, it was honored by no less than world-class Filipino artist, Arthur Espiritu. Not only was it CCP’s first voice masterclass offer, it was also a rare first to have a tenor conduct a masterclass.

A voice master class which is an expert’s one-on-one coaching session with advanced students in performance and technique, is most often conducted by sopranos. But for the Philippines and the Filipino artists, Espiritu gamely trained students from different conservatories who were mostly sopranos.

Melissa Corazon Mantaring, Head of Music Division of the Performing Arts of CCP’s Artist Training said it was a privilege and an honor that a sought-after,internationally-renowned tenor took time out to train the country’s potential opera singers in their first master class for voice.


“It is deemed a need to actively train artists under an arts education department which takes charge of bringing audiences for the arts. We really need to educate the public in the arts and culture of the country to make art matter for every Filipino,” Mantaring said of the rationale of CCP to offer master classes along with other training programs.

Among those who joined the master class was Raymond Roldan, 40. He said, he doesn’t want to miss the chance of learning from one master tenor as tenor teachers are so rare in the Philippines. Espiritu to him was the “real thing.” Aside from the new concept of support he learned, his best lesson was to be encouraged that he can still do it despite delving late in to classical singing.

But for Elaine Marie Vibal, 22, a fifth year student from the University of the Philippines College of Music, while it was initially intimidating for a master with that stature listen to her perform, but it was a delight for her to learn how to sing her favorite aria in a different technique.

Espiritu himself has trained in young artist programs with leading opera companies including Santa Fe Opera, Opera Theatre of St. Louis, Pittsburgh Opera, Opera North, and Utah Festival Opera. He earned his Artist Diploma from Oberlin College Conservatory of Music and earned both a Bachelor of Arts and a Master of Music from the University of New Orleans.

He is a winner of the distinguished 2009 George London Award and also a recipient of the La Scala Award as part of the Belvedere Vocal Competition in Vienna, Austria.

His credits include Teatro alla Scala, Piccolo Teatro di Milano and Opera Fuoco (Paris) and principal role debuts with Theatre St. Gallen in Switzerland in the 2009-2010 season. This Fil-Am talent had been applauded in the main stages of the Pittsburgh Opera, Theatre du Champs Elysees, The New Israeli Opera (Tel-Aviv), Brucknerhalle (Linz), Concerthaus Oulu (Finland), La Verdi Sonfonia in Milan, Gotham Chamber Opera, Philippine Philharmonic Orchestra, Connecticut Opera, Opera North, Ashlawn Opera, Opera Memphis.

Commitments all over the world make an Espiritu performance in the Philippines rare and not to be missed. On Feb.6 (weds.) at 7 p.m. he will be at the Ayala Museum on Greenbelt 4 with Najib Ismail on the piano for a recital dubbed, “The Poet Speaks.”

(VERA Files is put out by veteran journalists taking a deeper look at current issues. Vera is Latin for truth.)

PH questions China’s 9-dash line map before UN court

By ELLEN TORDESILLAS, VERA Files

Del Rosario: China’s 9-dash line is unlawful

The Philippine government decided Tuesday to ask the United Nations arbitration tribunal to declare as illegal China’s nine-dash line map that covers a large part of country’s territory in the South China Sea including the disputed Spratlys group of islands and Bajo de Masinloc.

The decision was finalized in Tuesday’s National Security Council meeting, nine months after a standoff between China and Philippines at the Bajo de Masinloc, 124 nautical miles from Zambales in northwestern Philippines.

China has given notice to the Philippines that their three ships will stay permanently in the disputed rocks.

In a press briefing, Foreign Secretary Albert del Rosario said, “The Philippines has taken the step of bringing China before an Arbitral Tribunal under Article 287 and Annex VII of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) in order to achieve a peaceful and durable solution to the dispute over the West Philippine Sea (WPS).”

Del Rosario said Chinese Ambassador Ma Keqing was summoned and handed a note verbale informing China of the Philippine decision and given a copy of the Statement of Claim submitted to the U.N.
[quote]

Statement of the Chinese Embassy in Manila:

On Jan 22nd , Ambassador Ma Keqing met upon request with Assistant Secretary of Department of Foreign Affairs of the Philippines Theresa Lasaro. The latter submitted the Note Verbale that the Philippines will initiate arbitral proceedings of South China Sea issue. Ambassador Ma reiterated the principled position of the Chinese side, that China has indisputable sovereignty over the islands in South China Sea and its adjacent waters. The Chinese side strongly holds the disputes on South China Sea should be settled by parties concerned through negotiations. This is also the consensus reached by parties concerned in the DOC(The Declaration on the Conduct of Parties in the South China Sea).

Del Rosario summarized the highlights of the 19-page Notification and Statement of Claim:

Please click here (VERA Files) for the rest of the story and related documents.