Archive for the ‘Analysis’ Category
Wednesday, January 11th, 2012 |
By Melanie Y. Pinlac
Published in PJR Reports, November-December 2011
Some developments in the trials of the alleged killers of journalists tend to suggest the continuing dominance of the culture of impunity. These have been disturbing enough to be a major concern among press freedom advocates and human rights activists.
Philippine-based media organizations have been discussing possible institutional reforms in the criminal justice system with government officials. But despite former President Gloria Macapagal Arroyo and President Benigno Aquino III’s successive pledges to speed up the resolution of the Ampatuan Massacre case, the government has so far failed to craft a concrete policy plan on ending impunity.
Minimal progress
The court hearings on the most brutal attack on the Philippine press and democracy in history have been proceeding at a glacial pace. The victims’ relatives, media experts, and press freedom advocates are bristling at the slow progress of the trial of the alleged perpetrators of the Ampatuan Massacre two full years after it occurred on Nov. 23, 2009.
The thrice-a-week hearings on the Ampatuan Massacre case are held more regularly compared with other cases—some are heard only twice a year—but the trial has been hampered for almost two years by the need to give due course to at least 48 bail applications already filed by some of the suspects.
The hearings on suspect Andal “Unsay” Ampatuan Jr.’s bail petition started Jan. 5, 2010. The hearings were supposed to end sometime in January 2011, but his lawyers petitioned for a chance to present rebuttal evidence against the prosecution’s evidence and witnesses. How long the rebuttal will take is everyone’s guess.
The prosecution has already presented about 70 witnesses for the bail proceedings of Unsay and other accused. But it will have to present other witnesses if bail applications are filed by the remaining detained accused persons. (Ninety-six of 196 accused are in custody.)
Delays, delays, delays
Lawyer Josefina Guzman of the Supreme Court Public Information Office said that delays in court proceedings are due to lack of resources and the current procedures and state of the courts. “Existing courts are handling more than their ideal number of cases,” Guzman, who represented Court Administrator Midas Marquez, told members of the press and civil society during a Nov. 15 roundtable discussion on impunity. She pointed out that the judiciary lacks the budget for additional manpower, leading to clogged dockets.
The Nov. 15 roundtable discussion was part of the activities in the run up to the International Day to End Impunity organized by the Center for Media Freedom and Responsibility and the Freedom Fund for Filipino Journalists. Representatives from the judiciary, the police and the Justice department attended the dialogue and shared information on the institutional reforms their respective agencies have supposedly undertaken in response to the call to end political and media killings in the country.
A solution the Supreme Court has proposed is the creation of new courts. However, the Supreme Court has no power to do so; only the legislative branch has that power. While waiting for Congress to support the creation of additional courts, Guzman said the Supreme Court has appointed what it calls “pairing judges” to “help presiding judges with the resolution of cases.” It is also testing a new court monitoring method to “answer the problem of court decongestion and delays in the resolution of cases,” said Guzman.
Guzman added that the Supreme Court is studying possible reforms in “procedural safeguards” that have caused delays.
Reforms needed
Representatives of the Philippine National Police (PNP) and the Department of Justice (DOJ) have echoed the need for institutional reforms to end impunity.
Police Chief Supt. Ricardo Marquez of the Directorate for Investigation and Detective Management said the government needs to review the system of appointing provincial and city chiefs where local executives (mayors and governors) control who can be appointed.
The PNP also suggested a review of the National Prosecution Service which currently does not allow prosecutors to help in case investigation and build-up. It has also noted the need to strengthen laws on witness protection, gun ownership and even motorcycle acquisition (most of the killings in the Philippines have been committed by motorcycle-riding gunmen).
Marquez also said the PNP also recognizes the weaknesses of police crime investigation methods. He said almost 75 percent of their investigators do not have the expertise and training in evidence-gathering and case build-up. The PNP has put up an in-house training school for its investigators and officers and is in the process of modernizing its crime laboratories.
On the part of the DOJ, said Justice Usec. Leah Armamento, Sec. Leila de Lima has revamped the DOJ’s case assignment system to speed up preliminary investigations. De Lima has delegated to her undersecretaries oversight on the prosecution of political killings and other cases. For example, USec. Francisco Baraan has assumed Task Force 211 duties on extrajudicial and journalists’ killings.
De Lima has also formed a Criminal Code Committee (CCC) to review the Philippines 76-year old Revised Penal Code and to “draft an organic, Filipino and modem criminal code that consolidates and harmonizes the penal laws for the effective, efficient and economical administration of criminal justice.”
Needed: a ‘clearer’ plan
However, journalists and press freedom advocates say that Aquino still needs to devise a concrete plan to combat impunity. The need for a “clearer” action plan was recognized by Presidential Communications Operations Office ASec. for Legal Affairs Lesley Jeanne Cordero during the Nov. 15 roundtable.
“We need to address the disconnect between policies and operations in the field…Until and unless we have a clearer action plan we can’t address the culture of impunity,” said Cordero.
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Tuesday, September 6th, 2011 |
For airing an “exclusive” interview with Autonomous Region in Muslim Mindanao (ARMM) suspended governor Zaldy Ampatuan last July 11, ABS-CBN 2 and reporter Anthony Taberna are facing possible contempt charges.
Zaldy, his legal counsel Howard Calleja, and the warden of Quezon City Jail Annex, Jail Senior Insp. Bernardino Edgar Camus, are also facing similar charges.
An “Amended Motion for the Issuance of a Show Cause Order” was filed July 28 by lawyer Nena Santos, legal counsel of 26 private complainants including Maguindanao Gov. Esmael “Toto” Mangudadatu in the Ampatuan Massacre case.
(more…)
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Tuesday, December 7th, 2010 |
Below is a video on the developments in the Ampatuan Massacre case released by the New York-based press freedom group Committee to Protect Journalists (CPJ).
Video Report: Impunity on trial in the Philippines from Committee to Protect Journalists on Vimeo.
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Tuesday, June 29th, 2010 |
THE JUDGE who was supposed to try the accused in the Ampatuan multiple murder case has once again been asked by the defense lawyers to recuse herself—for the sixth time.
The motion for Quezon City Regional Trial Court Branch 221 Judge Jocelyn Solis-Reyes to inhibit herself from trying the case was the latest in what journalists’ groups and the Department of Justice prosecutors say are tactics meant to delay the court process.
Before the latest recusation, the defense lawyers of Andal Sr. and Andal ”Unsay” Jr. Ampatuan have already filed four recusations and a supplemental recusation.
(more…)
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Friday, April 30th, 2010 |
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.
Posted in Analysis, Case Updates | 2 Comments »
Friday, April 30th, 2010 |
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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Sunday, February 28th, 2010 |
The investigation of the Nov. 23 murder of at least 57 persons has led to the filing of charges against Datu Andal “Unsay” Ampatuan Jr. and other members of the Ampatuan clan including their patriarch Andal Sr.
The Ampatuans, the leading political clan in Maguindanao province and in the Autonomous Region of Muslim Mindanao (ARMM), have held crucial positions, elective or otherwise, in the government for the past decade. The Ampatuans–who have run unopposed in Maguindanao for several elections–have built a powerful private army and have had a huge influence over other politicians in the region. They are also believed to be staunch political allies of Gloria Macapagal-Arroyo and have allegedly helped her win the 2007 presidential elections.
The Multiple Murder Case against Unsay
The testimonies of the witnesses and evidence gathered by the prosecution allege that Datu Unsay led almost 100 men in the abduction and killing last Nov. 23 of the members of the convoy led by the wife of his supposed rival for the Maguindanao gubernatorial race, Buluan town vice-mayor Esmael “Toto” Mangudadatu. The fatalities include 32 journalists and media workers who were on their way to cover the filing of Mangudadatu’s Certificate of Candidacy at the regional Comelec office based in Shariff Aguak.
By Dec. 1—five days after Unsay’s Inquest—the Department of Justice (DOJ) prosecution panel led by Senior State Prosecutor Leo Dacera had filed 25 counts of murder before the Regional Trial Court (RTC) of Cotabato City Branch 15. At that time only 25 autopsy reports had been issued by the authorities. Prosecutors Dacera, Al Calica, Velasco, XXX and XXX composed the prosecution panel assigned by the Department of Justice’s Agnes Devanadera to process the Inquest papers against Unsay. Unsay underwent Inquest proceedings on November 26 after his surrender to Peace Adviser Jesus Dureza.
A judge from Tacurong City, Sultan Kudarat has been designated by the Supreme Court (SC) to handle the case. But the prosecution felt it necessary to ask the Supreme Court to transfer the case to a court in Metro Manila because of possible threats to the life of the witnesses and the prosecutors.
The Freedom Fund for Filipino Journalists (FFFJ) and the National Union of Journalists of the Philippines also filed for change of venue.
The Supreme Court on Dec. 7 acted on the prosecution’s petition and ordered the transfer of the case to RTC Quezon City. After the controversial refusal of the first judge the case was raffled to, the case is now with Judge Jocelyn Solis-Reyes of Branch 221.
Judge Reyes is currently hearing the petition for bail filed by the lawyers of Unsay. Unsay was the only one named in the first 56 Informations (Criminal Cases no. Q-09-162148 to 162172, 162216 to 162231 and 162652 to 162666 People of the Philippines vs. Andal “Unsay” Ampatuan Jr. and John Does). Unsay has been under the custody of the National Bureau of Investigation since November 26, 2009. (Only 56 Informations were filed as the identity of one cadaver—that of UNTV’s Victor Nuñez—had earlier been contested.)
The prosecution panel has presented a total of eight witnesses including Vice Mayor Mangudadatu, Ampatuan town Vice Mayor Rasul Sangki, his uncle Mohammad Sangki and NBI director Ricardo Diaz.
Additional Perpetrators Named
A day before the sixth hearing on the petition for bail filed by Unsay, the Department of Justice special panel of prosecutors in Manila led by Prosecutor Rosanne Elepano-Balauag filed amended Informations for multiple murder against 197 others including Unsay and several police and military officers for the Maguindanao incident.
The Amended Informations stemmed from the amended complaint filed by the National Bureau of Investigation and the complaint filed by the Philippine National Police’s Criminal Investigation and Detection Group before the DOJ Manila panel last December 2009. The first preliminary hearing was held on December 18. (please see timeline)
The 196 persons charged with Ampatuan Jr. include: Datu Andal Ampatuan, Sr.; Datu Zaldy “Puti” U. Ampatuan; Datu Akmad “Tato” Ampatuan, Sr.; Datu Jimmy Ampatuan; Datu Kanor Ampatuan; Datu Bahnarin A. Ampatuan; Datu Mama Ampatuan; Datu Sajid Islam U. Ampatuan; Datu Anwar Ampatuan; Datu Saudi Ampatuan, Jr.; Datu Ulo Ampatuan; Datu Ipi Ampatuan; Datu Harris Ampatuan; Datu Moning Ampatuan; Datu Norodin “Nords” Datumanong Ampatuan; P/Chief Insp. Zukarno/Sukarno A. Dicay; P/Insp. Rex Ariel T. Diongon; P/Insp. Michael Joy Macaraeg; and P/Insp. Saudi M. Mokamad/Mukamad.
In its Joint Resolution dated February 5, the panel said evidence on record showed the existence of a conspiracy.
“The confluence of events before and immediately after the commission of the offense leads us to no other inference than respondents Andal U. Ampatuan Sr., Datu Zaldy “Puti” U. Ampatuan, Datu Akmad “Tato” Ampatuan Sr., Datu Norodin Ampatuan and Datu Jimmy Ampatuan connived with the actual perpetartors.” (According to Article 8 of the Revised Penal Code, conspiracy “exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.”)
The panel also said it was “appalling that there is viable evidence to prove that some members of the (PNP) and (AFP), organizations whose primary task is to ensure a more effective, sustained and successful campaign against criminality, dipped their fingers in the preparation and subsequent consummation of the despicable killing of the victims.”
Andal Sr., Zaldy, and other Ampatuans accused are detained in General Santos City and Davao City after being charged with rebellion in December 2009.
Deferment of Bail Proceedings
The filing of the Amended Informations has led to an unforeseen development in the trial against Unsay—the deferment of the hearing on the bail petition of Unsay.
Before the court proceeded with the presentation of prosecution witnesses last February 10, defense lawyer Sigfrid Fortun asked the court for a sidebar to discuss his proposition to postpone the presentation of witnesses that day and on the next scheduled hearing date (February 17) to give way to the consolidation of the amended informations on the ongoing multiple murder case against Unsay and several John Does. After the sidebar, both the prosecution and defense panels agreed to resume the bail proceedings on February 24. (A sidebar is an off-the-record conference with the presiding judge and the counsels of both parties, in this case, the prosecution and defense.)
On the same day, the defense filed five motions before the court: (1) a motion for recusation, asking Judge Reyes to inhibit herself from hearing the case because of her alleged bias against accused Unsay and for “committing serious misconduct in disregarding simple evidentiary rules” and (2) four motions to issue show cause orders to some members of the prosecution panel claiming their appearance in several media shows and publications constitute a violation of the sub-judice rule. (The sub- judice rule prohibits the airing or publication of views and information tending to influence the outcome of a hearing or trial.)
Other Developments
A witness, Police Officer Anwar Masukat, issued a recantation on January 13. In his recantation—which was presented by defense lawyer Philip Pantojan in Davao City as the bail hearing was ongoing in Manila—Masukat said he was forced by the PNP-CIDG into signing his December 12 affidavit. GMANews.TV in its January 20 report quoted him as saying: “Realizing that the affidavit did not contain my truthful statement, I adamantly refused to sign it. It was then that (SPO2 Larry Diaz) and (lawyer Armando Fabros) told me that murder cases will be filed against me and that they could not prevent that from happening unless I sign the counter-affidavit they had prepared and willfully falsify statements.” (“DOJ: Cop’s recantation in massacre case no big loss”, http://www.gmanews.tv/story/182020/doj-cops-recantation-in-massacre-case-no-big-loss)
The Freedom Fund for Filipino Journalists (FFFJ) has asked the PNP to explain why Masukat, who was supposedly under restrictive custody in Camp Crame, was able to go to Davao City and issue a recantation. The PNP had announced earlier that all personnel allegedly involved in the murder are under restrictive custody.
“It is disturbing that the PNP, already taking much of the negative publicity because many of its officers and personnel allegedly took part in said massacre, appears unable to keep track of the whereabouts of its men. Worse, the PNP’s inaction indicates it is either helpless and cannot hold its men accountable for their actions or that it is part of what appears to be an attempt to whitewash the whole matter,” FFFJ wrote in its letter dated February 5.
“Adding to the irregularities surrounding this incident is the fact that the affidavit was not executed before any member of the DOJ panel of prosecutors before whom the complaints against PO1 Masukat are pending.”
The prosecution also filed a motion to cite Pantojan in contempt. The prosecution in its motion said Pantojan’s presentation of the recantation of Masukat undermines the administration of justice.
Meanwhile, Center for International Law filed in behalf of some relatives of the media victims two petitions: one is before the Commission of Appointments and the other before the ASEAN Intergovernmental Human Rights Commission (AIHRC).
The fist petition filed on January 12 questioned the promotion of Major General Alfredo Cayton as Vice-Commander of the Philippine Army. In its 32-page petition, the relatives of the 13 media victims said Cayton “MISERABLY FAILED TO PREVENT the massacre of the journalists and innocent women WITHIN HIS AREA OF DIRECT RESPONSIBILITY.”
They also reasoned that the Commission on Appointments should deny the promotion because: “The security situation – and the lives of all the people on that ill-fated convoy – became his direct responsibility once he received the call from Manila Bulletin correspondent Alejandro “Bong” Reblando for security escorts. He could not wash his hands of that responsibility by a simple declaration that he had no men to send out. At the very least, he should have called the attention of his police counterparts about the security situation occasioned by the filing of the COC of Vice Mayor Mangudadatu in the heart of the bailiwick of the Ampatuans to coordinate a joint security cordon.”
On February 3, the Center for International Law also filed a preliminary petition for before the AIHRC asking it to “issue an urgent declaration calling on the Philippine State to abide with its obligations under international law and ensure the prosecution and conviction of the perpetrators of the massacre as well as the provision of adequate reparations, including compensation and satisfaction, to the victims and their heirs.”
The rebellion case against the Ampatuans on the other hand is still pending before the RTC Davao City. The prosecution has asked that the case be transferred to any court in Metro Manila.
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