Elusive justice

by Maria Khamine Kianah Amil, Kristina Noelle Andaya and Jenny de Venecia

Japeth Umpad is five months old, and he will never see his father again.

His father, UNTV cameraman McDelbert Arriola, was among the 37 journalists/media practitioners abducted and brutally murdered in Ampatuan town, Maguindanao on Nov. 23, 2009. McDelbert’s wife, Erlyn Umpad, had given birth to Japeth 10 days before the crime happened.

Five months after what is now known as the Ampatuan Massacre, Japeth, his mother Erlyn, and the families of the massacre victims are still crying for justice.

“Limang buwan na rin yung anak ko, wala pa rin kaming nakakamit na hustisya (My child is already five months and yet we still haven’t obtained justice),” Erlyn said in a rally last April 23. The rally commemorated the fifth month of the gruesome massacre.

Wearing black shirts and holding banners calling for justice, Erlyn and the members of other families marched from Morayta to Mendiola in Manila. Media groups led by the National Union of Journalists of the Philippines and the Malacañang Press Corps joined the families in the rally. Other press groups that joined included the Center for Media Freedom and Responsibility and the Freedom Fund for Filipino Journalists.

Together with various press groups, the families decried the April 16 decision of Acting Justice Secretary Alberto Agra to drop multiple murder charges filed against  suspended Gov. Zaldy Ampatuan of Autonomous Region in Muslim Mindanao (ARMM) and acting Maguindanao Vice Gov. Akmad Ampatuan.

The Arroyo administration has not done much to punish the suspects, said Glenna Legarta, wife of Prontiera News reporter Bienvenido Legarta Jr.

“Now the DOJ is set to release the Ampatuans, claiming the suspects were not in the field of the crime,” she stated.  She condemned Agra and demanded that he resign his post. “What a horror! Kaya Agra bumaba ka na sa posisyon mo kasi kauupo mo pa lang sa posisyon mo mali na agad ang desisyon mo. Ano kaya kung tatagal ka sa posisyon mo mas marami ka pang kabaluktutang gagawin” (What a horror! Agra, you should resign from your position because having been newly elected, you have already made a wrong decision. If you stay longer, you would make more mistakes),” she added.

Catherine Nu ñez, mother of UNTV reporter Victor Nuñez, demanded that Agra give them justice rather than clearing the two Ampatuans of the multiple murder charges. “Ginoong Agra, sana po, ‘wag mong ipagkait ang hustisya na hinihingi namin sa aming pamilyang namatay. Maawa ka sa amin. Tao ka rin, wag ka namang magpusong bato (Agra please don’t deny to us the justice that our family asks for our slain loved ones. Have pity on us. Don’t be stone-hearted).

“Ipataw mo ang dapat at karapat-dapat sa amin. Ipataw mo ang desisyon na makatarungan  para naman magbago itong Pilipinas (Give us the justice we deserve. Serve us a just decision so that the Philippines will improve),” said Juliet Evardo, mother of UNTV video editor Jolito Evardo. She also asked Agra to look at the different sides of the case.

The victims’ families asked the cooperation of media to seek justice for the slain journalists. They urged the press to continue the fight with them. “Kaya kayong mga media hinahamon ko kayo, na ‘wag sana niyong [tigilan] ito. Kayo ang paraan para mag-ingay, para ilantad [ito] sa newspaper at TV (I am challenging the media to be the watchdog of this case. You will be the way for this to be broadcasted on newspapers and TV),” said Mary Jane Merisco, wife of Periodico Ini columnist Rey Merisco. “Kaya’t hinahamon ko kayo dahil nakasalalay din sa inyo ang hustisyang hinahanap namin (I challenge you (media) because we rely on you as we seek for justice),” she also added.

Media organizations show support

Former NUJP chair Inday Espina Verona also gave her message to Agra during the program, “Kung gusto niyong itigil ang pagpapatatalsik sa inyo, ibalik niyo po at bigyan ng hustisya ang pamilyang may mga tatay, may mga asawa at may mga kapatid at mga anak. (If you want the protests to stop, give justice to the families who have fathers, wives and husbands, brothers and sisters, and children).”

Malacañang Press Corps (MPC) President Paolo Romero and Press Secretary Cris Icban Jr. met the protesters at the Mendiola Bridge to give their support to the families of the victims of the massacre.

According to the MPC statement read by Paolo Romero, the brutal killings at Maguindanao violated human rights as well as the rights of every journalist. “Dahil sa Ampatuan Massacre hindi lamang ang pamamahayag ang nakitil, pati na rin ang pangarap ng pamilya ng mga biktima na wala namang hinangad kundi magkaroon ng maayos na pamumuhay. Nakitil ang karapatang pantao na dapat pinangangalagaan ng ating pamahalaan. (The Ampatuan Massacre not only killed press freedom but also the dreams of the families of the victims who only wanted to have a better life. Human rights that are meant to be protected by the government were also destroyed),” he said.

He  added that the press corps supports the victims’ families in fighting  this injustice. “Naapektuhan ang imahe ng ating bansa bilang sibilisadong bansa. Patuloy naming kinukundina ang kahindik-hindik na krimeng ito at kasama niyo kami sa paghahanap ng katarungan (The reputation of our country is affected by these killings. We condemn these heinous crimes and we are with you in seeking for justice),” he stated.

Paolo Romero, a reporter for The Philippine Star, said in an interview that they will help the family of the victims through the most effective tool which is reporting. He also added that it (reporting) can increase public awareness of the Maguindanao Massacre issue.

Press Secretary Cris Icban Jr. also joined the rally to show his sympathy with the victims’ kin. “Naniniwala ako na magkakaroon din ng hustisya sa inyong mga pamilya, inyong mga kamag-anak at sa mga namatay na kaibigan, at anak po natin at kapatid po natin at tatay natin. Huwag kayong mawalan ng pag-asa. (I believe that justice will be served to your families, your relatives, friends, children, siblings and our fathers. Don’t lose hope)”, he said in the program. Icban served as editor in chief of the Manila Bulletin, where Alejandro “Bong” Reblando, one of the journalists slain last Nov. 23, had worked.

The rally held in Mendiola was one of the 13 simultaneous events held around the country to remember the fifth month of the Maguindanao Massacre. Included in the provinces are Baguio, Bulacan, Pampanga, Iloilo, Bacolod, Kidapawan, Cagayan de Oro, Davao and Cebu. After the protests, the media people and victims’ kin lit candles.  Manila Mayor Alfredo Lim was also present.

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The fight continues

by Monica Joy Cantilero, Jenny de Venecia and Christine Joy Sarmiento

The families of the victims of  the Nov. 23 Ampatuan massacre marked the fifth month since the killings took place by pledging to continue their fight for justice despite threats and the dismissal of multiple murder charges  against two members of the powerful Ampatuan clan.

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

“Hindi po kami sang-ayon sa desisyon [ni Sec. Agra] (We do not agree with Sec. Agra’s decision),” said Jovelyn Duhay-Villacastin, sister of Gold Star Daily correspondent Jose “Jhoy” Duhay, during an interfaith service held April 21 in Manila.

“Hindi kami papayag na makalabas silang dalawa (Zaldy and Akmad Tato Ampatuan).  Ang hinihiling po namin ngayon, sana mapabilis ang takbo ng kaso… Sana umalis na lang siya sa tungkulin ngayon (We will oppose their release. We want the quick resolution of the case. Sec. Agra should resign).”

Editha Tiamzon, widow of UNTV driver Daniel Tiamzon, said, “Lalabas kami sa kalsada at hindi lang dito ‘yan, hanggang sa ibang bansa dahil [nakikinita] namin dito na wala talagang magiging justice sa amin (We will go out into the streets, not just here in the Philippines, but also abroad, because we foresee that there will be no justice for us here).”

”Kung hindi kami, sino? Kung hindi ngayon, kailan kami magsasalita (If it’s not us, who? If it’s not now, when will we speak up)?” said Noemi Parcon, widow of Prontiera News publisher Joel Parcon.

Since the massacre, Myrna Reblando, widow of slain Manila Bulletin reporter Alejandro “Bong” Reblando, said her family has been receiving various threats. She said an unfamiliar black car would park for hours in front of their house. “Puwede nila akong patayin, pero ‘di nila ako kayang takutin (They can kill me but they cannot scare me),”she said.

There have also been numerous attempts to bribe the victims’ families, Reblando said. Some offers amount to as high as P5 million in exchange for their withdrawal from the case against the perpetrators.

“Hindi kami mukhang pera. Hindi kami [nabili] (We are not greedy for money. We were not bought),” Reblando said.

The interfaith service focused on Secretary Agra’s decision to drop the multiple murder charges against suspended Gov. Zaldy Ampatuan of the Autonomous Region in Muslim Mindanao (ARMM) and Maguindanao Vice Gov. Akmad Ampatuan due to alleged lack of evidences that the two were part of the conspiracy to kill 57 people including 32 journalists.

According to Sec. Agra, the two Ampatuans’ alibi that they were not in  Ampatuan town on the day of the massacre showed that they were not involved. Zaldy Ampatuan provided airline tickets and mobile phone bills as proofs of his absence in Maguindanao on November 23, 2009, while Akmad Tato Ampatuan presented witnesses verifying that he was on a medical mission at that time.

At least 57 people, including 32 journalists/media practitioners, were abducted and murdered last Nov. 23, 2009 in Ampatuan town, Maguindanao. The 32 journalists/media workers joined the convoy of the Mangudadatus to cover the filing of the Certificate of Candidacy of Esmael “Toto” Mangudadatu for the governorship of Maguindanao, said to be the bailiwick of the powerful Ampatuans. The body of one journalist, Reynaldo “Bebot” Momay, has not been found, but Momay is presumed dead.

Tragedy changed lives

Fr. Arnold Abelardo, who counseled some of the victim’s families, said that the tragedy has changed the families in one way or another.

“Myrna Reblando was just a quiet housewife. She used to always stay at home. But after the massacre, she stood up, got out and I think she is one of best speakers you have seen. The killings brought out the best in them,” he said in Filipino.

Fr. Abelardo lauded the prosecutors who protested Agra’s decision to clear the charges against the two Ampatuans in the controversial massacre. “I think these prosecutors are good Filipinos. They have the capacity and they really have a heart for the country,” he said in Filipino.

The priest called the prosecutors “heroes” for their selfless act. “Hindi sila nag-alala sa mga status ng kanilang career, kundi mas [inalala] nila na gawin ang tama. ‘Yan ang dapat matutunan ng buong bansa. Ano ba ‘yung tama? ‘Yun ang ating gawin kahit ano pa ‘yung consequences. (They did not worry about their careers but instead, opted to do the right thing. That is what the whole country should learn. What is the right thing? That is what we should do no matter what the consequences are).”

The state prosecutors walked out of the Department of Justice April 19, after challenging Sec. Agra’s decision absolving the two Ampatuans. The acting secretary issued the resolution April 16, one day after assuring the victims’ families that he would carefully review the two Ampatuans’ petition.

DOJ Chief State Prosecutor Claro Arellano told the press last April 20 that “We are deeply concerned that the resolution will all the more convince a long skeptical public that our criminal justice system is impotent when the accused are politically influential.”

Lawyer Harry Roque of the Center for International Law (CenterLaw), who is representing 13 of the victims’ families, said Agra ignored the evidence for the two Ampatuans’ involvement.

Roque said  the multiple murder case could not push through because of the many motions filed by the Ampatuans. “Hindi naman matuloy-tuloy, dahil ‘sangkatutak na petition for review at mga hadlang ang nilagay ng mga Ampatuan para nga hindi umusad ang proseso (It can’t push through because of the numerous petitions for review and the obstacles that the Ampatuans have resorted to),” he said.

Rowena Paraan, director of the National Union of Journalists of the Philippines, said Agra’s decision shows that even if you kill 57 people, you can now avoid trial and imprisonment because you are close to the president.”

Paraan added, “Impunity exists in the Philippines. If you give Gloria Macapagal Arroyo, you can get out of jail. If you give her 12-0, you can get out of jail.” Paraan was referring to the 2004 elections, in which Mrs. Arroyo won overwhelmingly in Maguindanao, and to the 2007 elections, when her 12 senatorial candidates all won in the same province.

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AMPATUAN TRIAL UPDATE: Technicalities delay proceedings

IN EARLY February, the bail hearings in the trial for multiple murder of Andal “Unsay” Ampatuan Jr. and other alleged perpetrators of the Nov. 23, 2009 killing of at least 57 persons including 32 journalists and media workers were delayed. These delays once again highlighted the vulnerability of Philippine criminal proceedings to procedural technicalities.

The case has yet to enter the trial proper because the Quezon City Regional Trial Court (RTC) has to hear the bail petition filed by the lawyers of Ampatuan Jr. Bail is a matter of right for the accused in the Philippines, and, unlike in other countries, a petition for bail requires the prosecution to show a strong possibility of guilt. Bail proceedings usually take time to be resolved, and in this case have so far taken more than three months.

The filing of more than a dozen judicial motions, with nine pending resolution including a motion for reconsideration of the denial of the defense motion for recusation and a second recusation motion against Judge Jocelyn Solis Reyes, also contribute to the prolonged postponement of the bail proceedings. The bail proceedings were first suspended on Feb. 10, as per a defense request which was anticipating the possible filing of the 196 additional accused of their own petitions for bail. The prosecution agreed, and the proceedings were postponed to Feb. 24.

(more…)

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