UP Journalism Club's Krisis (July 2013)

July 5, 2013

FAMILIES OF MAGUINDANAO MASSACRE VICTIMS ENTER P50-M SETTLEMENT The government has failed to provide support to the families of the 58 victims of the Maguindanao massacre, one of the prosecution lawyers said.

“Unless the Philippine government complies with its duty to pay compensation, the victims will continuously be tempted with schemes that may eventually cause a miscarriage of justice,” Center for International Law chair Harry Roque wrote in his blog, referring to what has been dubbed as the worst electionrelated violence and media killing in the country’s history.

Roque, who represents four of the 17 media victims earlier disclosed that 14 families of the victims entered an out-of-court settlement in February. The agreement, which amounted to 50 million pesos, was allegedly offered by the Ampatuan clan, the primary suspects of the case.

He cited the International Covenant on Civil and Political Rights which provides the duty of states to “protect” and “promote” the right to life. Moreover, Article 36 of the Responsibility of States for Internationally Wrongful Acts states that “[t]he State responsible for an internationally wrongful act is under an obligation to compensate for the damage caused thereby.”

Malacañang disagreed with Roque’s interpretation that the government had the responsibility to compensate the victims of the massacre.

“He is making it appear that the government had committed the crime. But the government was not one of those (charged),” deputy presidential spokesperson Abigail Valte said.

Valte also said that President Benigno Aquino III has offered assistance to the families of the victims during one of their

A PARADE OF COFFINS. Media students and professionals carry cardboard coffins, each one representing a journalist killed in the line of duty since 1986, during the “funeral march” led by the National Union of Journalists of the Philippines and other media groups to commemorate the third anniversary of the Maguindanao Massacre on November 23, 2012. (UP Aperture)

meetings, including a directive to help speed up the trial by foiling any “dilatory tactics.”

“The President made promises to the families including expediting the case but we have yet to see anything concrete from the government,” National Union of Journalists of the Philippines secretary-general Rupert Mangilit said.

Meanwhile, Ma. Reynafe Momay-Castillo appealed to the public not to judge the families of the victims who allegedly negotiated for settlement with the Ampatuans, through a video uploaded on Facebook.

The agreement required the families to file two affidavits: one withdrawing the case against the Ampatuans, and another stating then-gubernatorial candidate Esmael “Toto” Mangundadatu had promised each journalist P30,000 as payment for accompanying his wife Genalyn to the Commission on Elections office in Shariff Aguak to file his certificate of candidacy.

“Let us not allow greed to

overcome us. Some of us might have lost self-respect, but we should pay respect to the victims who risked their lives not for money but out of service,” she addressed the families of the victims.

Momay-Castillo is the daughter of photojournalist Reynaldo “Bebot” Momay, the 58th victim whose remains were never recovered.

She said she understands how these families are vulnerable to succumb to pressures because of poverty, but it is not much of a valid reason to sell their credibility.

Similarly, Mangilit asked the public not to blame the families of the victims.

“Whether the families received any amount or not, whether they entertained the thought of receiving it from the family of the primary accused, we cannot blame them since they were already frustrated with how the case is going,” he said. -- Dexter

Cabalza, Claudine Complativo and Maria Feona Imperial

Issue 1

Timeline of the Trial 2009

Nov. 23: Fifty-eight persons including 32 journalists and media workers who were on their way to file the certificate of candidacy (COC) of Esmael “Toto” Mangudadatu were stopped at a checkpoint and killed in Ampatuan town, Maguindanao.

Nov. 24: Known to be a political ally of the Ampatuan clan, President Gloria Macapagal-Arroyo on Tuesday ordered the “immediate, relentless pursuit” of the perpetrators.

Nov. 26: Andal Ampatuan Jr. was turned over to authorities to undergo inquest proceedings and denied involvement in the massacre. Other Ampatuan clan members were taken for investigation.

Nov. 30: At least 11 witnesses surfaced to strengthen the case against the suspects and tagged Andal Jr. in the Maguindanao massacre.

Dec. 1: Department of Justice (DOJ) filed 25 counts of murder before the Regional Trial Court (RTC) of Cotabato City against Andal Ampatuan.

Dec. 2: Five more members of the Ampatuan clan, including its patriarch former Maguindanao governor Andal Ampatuan Sr., a mayor and a vice mayor, were recommended by the Philippine National Police to be charged with murder in connection of the massacre.

Dec. 5: Following the declaration of Martial law in Maguindanao province, government security forces have taken into custody clan patriarch Andal Sr. and his son Zaldy Ampatuan.

Dec. 7: DOJ said it already has pieces of evidence linking Andal Sr. to the massacre, looming rebellion in the province. The Supreme Court (SC) ordered the transfer of the case to Quezon City RTC. Dec. 18: DOJ panel headed by Senior State Prosecutor Roseanne Balauag held the first hearing in the preliminary investigation on two new complaints naming other possible respondents filed separately by the Criminal Investigation and Detection Group and the National Bureau of Investigation.

2010

Jan. 5: Andal Jr. was arraigned for 41 counts of murder, to all of which he pleads “not guilty.”

TIMELINE / Back

MUTED JUSTICE

By Thomas Benjamin Roca

The families of the victims of the Maguindanao Massacre are planning to file a communication with the United Nations Human Rights Committee accusing the Philippine government of failing to grant their rights to adequate compensation and remedy under local laws.

Atty. Harry Roque, private prosecutor for 17 of the victims and their families, announced this move last week during the commemoration of the 43rd month since the gruesome killing of 58 people, including 34 journalists, on a remote hillside in Ampatuan, Maguindanao on November 23, 2009.

In a press release published in his personal blog, Roque described the slow progress of the trial–now approaching its fourth year–as a manifestation of the government not being able to provide timely legal remedy to the massacre victims and their families. He also added that, having had failed to protect and promote the victims’ right to life, the state had an obligation to provide monetary compensation and psychosocial support to the

Timeline (cont.)

Jan. 13: The prosecution presented Ampatuan town vice-mayor Rasul Sangki, the first witness to testify on Andal Jr.’s presence at the massacre site.

Jan. 20: The prosecution presented the videographer who took footage of the retrieval of the corpses and vehicles on Nov. 24 and 25, 2009.

Jan. 27: The prosecution presented Buluan town vice-mayor Esmael “Toto” Mangudadatu. He testifies on the political history of the Ampatuan and Magudadatu clans, and on the motive for the massacre.

Feb. 24: The lawyers of Ampatuan Jr. wanted another judge to replace presiding judge Jocelyn Solis-Reyes of the Regional Trial Court Branch 221 in Quezon City, accusing her of “ineptness and misconduct” as well as alleged bias.

Apr. 16: Acting Secretary of Justice Alberto Agra ordered the dropping of the charges against Zaldy and Akmad Ampatuan allegedly for lack of evidence.

July 28: Five other alleged co-conspirators in the Ampatuan Massacre—Police Chief Inspector Sukarno Dicay, PO3 Rasid Anton, Maot Dumla, Thong Guimano, and Muhamad Sangki—were arraigned

families left behind.

The Human Rights Committee, which oversees the compliance of UN member states to the International Covenant on Civil and Political Rights (ICCPR), has previously found the Philippines guilty of breaching its obligation to protect and promote its citizens’ right to life for its failure to swiftly investigate and prosecute the murder cases of Navy Ensign Philip Pestaño and human rights advocate Eden Marcellana.

The Ampatuans, including family patriarch Andal Sr. and his son Andal Jr., are the principal suspects among continued from page one more than a hundred others accused of involvement in the massacre.

In both cases, the human rights body had declared that the Philippine government should provide the families of victims of extrajudicial killings with adequate compensation, as well as ensure the timely delivery of justice.

The 14 families had apparently asked for a settlement with the Ampatuans worth PhP 50 million via a middleman, named in reports as Jun Chan. The said negotiations, however, fell through as Chan was killed in an ambush en route to his farm outside General Santos City.

During the secret meetings that Chan was alleged to have held with the families, he asked them to sign separate affidavits that would drop their charges against the Ampatuans and instead implicate current Maguindanao Governor Ismael Mangudadatu as having had bribed the victims into going along with his wife and other relatives on the illfated convoy.

Talk of greater state financial support for the families of the men and women who died in the country’s worst political killing has picked up since reports surfaced last week that 14 families–4 of whom are counseled by Roque– had allegedly entered into a deal with a representative of the Ampatuan clan in February this year.

Both government and media watchdog groups have expressed dismay at the families’ willingness to enter into the reported out-ofcourt settlement. Justice secretary Leila de Lima denounced the move as “legally and morally wrong.”

National Union of Journalists of the Philippines chairperson Rowena Paraan blamed it on “a tempting environment” for the families,

together with Unsay Ampatuan Jr. The five brought to 17 the number of accused persons so far arraigned.

2011

Jan. 26: Court of Appeals (CA) in Manila junked last Jan. 31 the petition for certiorari and supplemental petition filed

by Andal Sr. for “lack of merit.”

May 2: The QC RTC granted the request of Andal Sr. for a medical check-up by the Bureau of Jail Management and Penology (BJMP) physician.

Nov. 13: CA affirmed the indictment of Zaldy Ampatuan for the Nov. 23 Maguindanao massacre.

2012

Feb. 29: Assistant State Prosecutor Nestor Lazaro died after falling into a coma.

Lazaro had a heart bypass.

Mid-2012: Accused PO1 Gabbey Guiadem reportedly died of an encounter without being arrested and arraigned.

Nov. 14: SC’s 3rd division affirmed the CA indictment of Zaldy Ampatuan and Anwar Sr. Dec. 12: Zaldy Ampatuan pleaded “not guilty” of planning and carrying out the Maguindanao massacre. He was the third person from the Ampatuan clan to

be arraigned and the 82nd person to be arraigned over all.

2013

Feb. 13: Private prosecutor Prima Jesusa Quinsayas was found guilty of indirect contempt by the Supreme Court’s 2nd division for giving out copies of a disbarment complaint against Ampatuan lawyer Sigfrid Fortun to journalists from GMA News Online, ABS-CBN, Inquirer.net and The Philippine Star.

Election 2013: At least 16 members of the Ampatuan clan were elected or re-elected in Maguindanao as town mayors, vicemayors and councilors.

May 29: Seventy-eight suspects were arraigned in the QC RTC for the murder of photojournalist Reynaldo Momay, the 58th victim whose body remains missing.

June 24: Fourteen families of the victims reportedly signed a written authority last Feb. for an associate from the Ampatuans to negotiate a settlement, according to lawyer Harry Roque. This included blaming the massacre to Mangudadatu.

July 1: Backhoe operator Bong Andal implicated the Ampatuans to the massacre and said he was instructed to bury the bodies of the victims.

SOURCES: GMA News | CMFR

most of whom have a hard time shuttling between their homes in southern Mindanao and the court proceedings in Metro Manila.

Last week’s 43rd-month commemoration of the Maguindanao Massacre, far from feeding hopes of progress on arguably the largest criminal investigation in the nation’s history, has instead reminded us of the very precarious position of the victims’ families. Court proceedings held hostage by various delaying tactics from the accused camp has worn down the families, who at the end of the day have bills to pay and children needing education.

It may be a kneejerk reaction to denounce them as sellouts to even consider initiating or entering into deals with the Ampatuans and the other suspects in the case, and there are alternatives to this move, as shown by the planned communication with the UN Human Rights Committee.

But the overarching message in all this is the fact that government can, and should, provide the conditions for the swift delivery of justice. Resolving the Maguindanao Massacre trial requires that the government – and Malacanang in particular – throw its full weight towards the goal of pushing the case through to conclusion.

This much has been made clear to President Benigno Simeon Aquino and his administration since its inception. Whether or not Aquino and the rest of his government have spines enough to be able to do this,however, remains to be seen.

Thomas Benjamin Roca Editor-in-Chief Dexter Cabalza Claudine Complativo Maria Feona Imperial Elizabeth Escaño Writers and Researchers Jodesz Alysa Gavilan Melissa Luz Lopez Layout Editors Mariejo Mariss Ramos VP for Academic Affairs Krisis presents UP Journalism Club’s take on the Philippine situation and current political issues.

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