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Justice Served against a Hardened Criminal: Revolutionary punishment of SPO4 Ernesto "Polsingit" Bernal

Ka Diego Wadagan
Spokesperson
Agustin Begnalen Command
September 06, 2004

At 11:00 AM on September 5, 2004, the Agustin Begnalen Command (NPA-Abra) meted out the death punishment to Lacub Chief of Police Ernesto "Polsingit" Bernal. The death penalty was based on a decision by the People's Court as punishment for capital crimes committed in the past. Despite his numerous crimes, SPO4 Bernal rode roughshod as Chief of Police of Penarubia and Lacub, Abra. Worse, SPO4 Bernal was never subjected to judicial investigation, and was therefore never punished by the reactionary justice system of the Government of the Republic of the Philippines.

What were the crimes of SPO4 Bernal that served as bases for the death sentence? Why is it that it was the revolutionary movement that served capital punishment?

SPO4 Bernal is a die-hard criminal. The People's Court found him guilty beyond reasonable doubt on 2 counts of rape; and connivance with fascist troops in the arrest, torture by burning, and the eventual death of 3 NPA Red Fighters. The Court also found him guilty of 7 counts of sexual harassment, attempted rape, innumerable cases of harassment and intimidation, mauling, and indiscriminate firing specially when drunk. Aside from these, Chief of Police Bernal served as guide of fascist troops during military operations, collaborated in the disappearance of mass activists, and killed his own brother Abe Bernal.

Most of his victims are relatives or village mates, who were silenced and had to bear the trauma, stigma and terror for years due to fear of reprisal from SPO4 Bernal. There a lot more complaints but the People's Court has been unable to thoroughly investigate these cases, due to its sheer volume and other considerations.

SPO4 Bernal shot and killed his own brother, Abe Bernal, on November 29, 2001. While in a drinking spree, an argument ensued between the brothers, which prompted SPO4 Bernal to threaten and point his caliber .45 pistol to his hapless brother. The gun fired a bullet and hit Abe Bernal in the forehead, instantly causing his death. The case was settled amicably by the elders, forcing SPO4 Bernal to pay a measly sum of P150,000 to the family of his slain brother; he was never tried in the Courts of the Government of the Republic of the Philippines, nor an administrative sanction from the Philippine National Police.

While acting as the Chief of Police of Penarubia town in the early 1980s, SPO4 Bernal collaborated in the disappearance of several mass activists. And in 1989, he served as guide for fascist troops operating against the NPA in Tineg town, which resulted to the arrest, torture by burning, and the eventual death of 3 NPA Red Fighters.

Incidents when SPO4 Bernal got drunk, fired his service firearm, terrorized the people, and mauled individuals indiscriminately are innumerable. Instead of being a "leading guardian of peace" as the Chief of Police, SPO4 Bernal was one of the main causes of public disturbance in the community.

The NPA's Agustin Begnalen Command and the Abra Provincial Party Committee strictly enforced the laws, policies and guidelines of the People's Revolutionary Government, the People's Court, and of the New People's Army. Based on preliminary investigations on charges filed against SPO4 Bernal, the People's Court issued a warrant of arrest which was served to SPO4 Bernal by arresting officers of the Agustin Begnalen Command. Upon his arrest, the apprehending officers read SPO4 Bernal's rights, and calmly submitted himself for handcuffing and was led to the trial site.

Trial was immediately convened by the People's Court. As stipulated in the laws and guidelines, SPO4 Bernal was given the right to choose freely his defense counsel. The Council of the People's Court was composed of 9 people. The defense and prosecution conducted a free and vibrant, sometimes emotional, presentation and deliberation, including participation of the accused and the victims. Witnesses, the accused and victims were examined and cross-examined. And based on evidences submitted to the People's Court and the presentations and deliberations during the trial, the Council of the People's Court was solidly united in sentencing SPO4 Bernal to death by execution.

The revolutionary movement is serious in the implementation of revolutionary justice. Hardened criminals that terrorize the people, violators of women's rights, and die-hard counter-revolutionaries, shall be investigated and tried in the People's Court. The New People's Army shall punish those found guilty of capital offenses. The case of Chief of Police SPO4 Ernesto Bernal proves that the revolutionary movement will not tolerate heinous crimes such as rape, murder, and cooperation with fascist troops resulting to the severe damages to the revolutionary movement and death of cadres, red fighters, and activists. Lesser offenses shall likewise be dealt with accordingly by the People's Court together with the revolutionary mass organizations, local Party branches, and by the People's Revolutionary Government where these exists and exercise control, or influence at the least. The investigation, trial, and punishment of SPO4 Bernal has proven the capacity of the revolutionary movement to implement due process, in accordance with the laws, policies and guidelines of People's Revolutionary Government, the People's Court, and the New People's Army.

Unlike the justice system of the Government of the Republic of the Philippines, revolutionary justice is impartial and will punish violators of revolutionary laws regardless of their political, economic and social position in society.



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