Rebellion case vs Ampatuans transferred to QC court Inquirer 2010-01-12

MANILA, Philippines – The Supreme Court on Tuesday granted the Department of Justice's
motion to transfer the venue of the rebellion case against members of the Ampatuan clan from
Cotabato City to Quezon City. Midas Marquez, spokesperson of the high court, said it decided in
an en banc session to grant Justice Secretary Agnes Devanadera's motion for the transfer of the
case to a Quezon City court. He said the motion was based on concerns over security and 'the
influence exerted by the family in the area.' Marquez pointed out that the rebellion case was
'totally different' from the multiple..
http://article.wn.com/view/2010/01/12/Rebellion_case_vs_Ampatuans_transferred_to
_QC_court/

Ini-raffle na ng Quezon City RTC kaninang umaga ang kaso ni Datu Unsay mayor
Andal Ampatuan Jr., ang pangunahing suspek sa Maguindanao massacre. Pero
tinanggihan ng nabunot na judge ang kaso. Exclusive mula sa Quezon City RTC
nagpa-Patrol Jay Ruiz. TV Patrol World, Martes, Disyembre 15, 2009 ... "TV Patrol
World" "Disyembre 15 2009" "Jay Ruiz" "Quezon City" judiciary "martial law"
kidnappings "Maguindanao massacre" "election-related violence" "halalan 2010"
crimes Maguindanao politics ...

The Maguindanao Massacre refers to the election-related mass killing of at least

57 people, many of them members or supporters of the Mangudadatu Clan in
Maguindanao. The victims, which included some of the clan's family members, as
well as journalists, lawyers and civilians were on their way to the town of Shariff
Aguak to file a certificate of candidacy on behalf of Buluan, Maguindanao Vice
Mayor Datu Ismail "Toto" Mangudadatu, who was running for governor in the
province, when they were abducted and later killed by heavily armed men allegedly
belonging to the Ampatuan Clan.

[edit] Time Line

[edit] Filing of Certificate of Candidacy
Believing that women would not be harmed in accordance with Islamic laws, Mangudadatu sent
his wife and two sisters on Monday, 23 November 2009 to file his certificate of candidacy
(COC) on his behalf. To further ensure their safety, he also encouraged several Mindanao
journalists and lawyers to accompany them. At 9:00 a.m., together with some unarmed
supporters and staff of the Mangudadatus, the convoy proceeded to the Comelec office in Shariff
Aguak, a known turf of their rivals, the Ampatuans.
[edit] Flagged Down
The convoy was on its way to the Comelec office to file the COC when it was flagged down at
around 10:30 a.m. at a checkpoint on the Cotabato-Isulan Highway in Barangay Kauran,
Ampatuan, Maguindanao, by some 100 heavily armed men allegedly led by Datu Unsay
municipal mayor Datu Andal Ampatuan Jr.. The people were forcibly taken out of the vehicles
and brought to Barangay Salman, still in Ampatuan, where they were presumably killed.
Mangudadatu's wife, Genalyn Tiamzon-Mangudadatu, managed to call her husband to inform
him that they were being flagged down by armed men before her call was cut off. At 11:30,
Mangudadatu received news that six of the passengers had already been killed.
[edit] Confirmed Dead
As early as 11:30 p.m., news of the incident had already reached the military and local police
officials, who immediately dispatched troops to rush to the site and control the area. Hours later,
Armed Forces of the Philippines (AFP) Public Information Office chief Lt. Col. Romeo Brawner
confirmed that ground troops had recovered 21 bodies – 13 women and eight men – from a grave
site in Barangay Saniag, Ampatuan. Three vehicles owned by the Mangudadatu’s were found
abandoned and burned. According to some reports the victims were believed to be shot at
random, and some were decapitated with chainsaws. The killers were also said to have used a
backhoe to dig the mass graves where the victims were buried. Local officials were still
uncertain if some were still being held hostage or had already been murdered.
[edit] Political Motivation
Hours later, Toto Mangudadatu accused Ampatuan Clan patriarch Andal Ampatuan, Sr. and son
Autonomous Region in Muslim Mindanao (ARMM) Governor Zaldy Ampatuan as the brains
behind the mass killing based on what his wife Genalyn Tiamzon-Mangudadatu, who was among
those killed, had told him. Mangudadatu said that his wife had managed to call on his cellphone
and had informed him that armed men from the Ampatuans had stopped their convoy and that
their companions were being dragged out of the vehicles. The Ampatuans are a known political
rivals of the Mangudadatus.
[edit] Survivors
Mangudadatu later revealed that there were four survivors from the massacre whose names they
would not divulge for safety reasons. He said that the survivors, who will testify as witnesses are
under their care and protection. He claimed that the survivors had witnessed [[]Datu Unsay]]
municipal Mayor Andal Ampatuan Jr., another son of Ampatuan Sr. and Zaldy Ampatuan’s
brother, approach the vehicle where his wife, Genalyn Tiamzon-Mangudadatu, was riding and
made her get out.
On the second day of retrieval operation, police and military recovered at least 24 more bodies of
the victims, bringing the number of casualties to 46, easily the worst pre-election violence in the
country.
[edit] Media Organizations Condemn the Massacre
On 24 November 2009, after information about the massacre hit the news, media organizations
condemned the brutal massacre in Maguindanao and demanded that government and its security
forces move swiftly to resolve the crisis and ensure that no harm befall the other hostages.
National Union of Journalists in the Philippines (NUJP) stated that the taking hostage of
journalists is already an assault on the Constitution itself and on the freedom of the press and of
expression which it enshrines. International media watchdog Reporters Without Borders said that
"never in the history of journalism have the news media suffered such a heavy loss of life in one
day."
[edit] Malacañang Orders "Relentless Pursuit"
After a closed-door meeting with security officials in Malacañang, President Gloria Macapagal
Arroyo through Proclamation 1946 placed the entire provinces of Maguindanao, Sultan Kudarat
and Cotabato City under a state of emergency on 24 November 2009.. Arroyo also ordered the
immediate arrest of the perpetrators and vowed that they would be brought to justice for their
acts. Minutes later, the military launched air and ground operations around the provinces. The
President assigned Presidential Adviser for Mindanao Jesus Dureza as head of the crisis team
that would handle the investigation and contain the situation.
Meanwhile, Kapisanan ng mga Brodkaster ng Pilipinas (KBP) encouraged all media practitioners
to wear black ribbons and armbands to highlight their outrage over the killing of their colleagues.
KBP also sought this gesture as a show of solidarity with families of the slain media workers.
[edit] Most Dangerous Place
The International Federation of Journalists (IFJ) has tagged the Philippines as the most
dangerous place in the world for media workers. IFJ said that at least 74 journalists have been
killed during the present administration's eight-year tenure, yet the government has not acted to
end the culture of impunity. It said that at last count, only four convictions had been secured. At
least 12 journalists were reported killed in the massacre.
[edit] Resolutions Filed
On 25 November 2009, Senators Benigno Simeon "Noynoy" Aquino III and Manuel Roxas II
filed a resolution urging the Senate to investigate and condemn in the strongest possible terms
the massacre that happened in Maguindanao. The senators, who are also the presidential and vice
presidential bet of the Liberal Party in the coming 2010 polls, also urged their colleagues to
conduct an inquiry into the "unparalleled and gruesome" incident, so that the chamber could
propose legislative measures to stop the violence in the provinces.
On the other hand, Maguindanao governor Zaldy Ampatuan appealed to both Christian and
Muslim communities not to pre-judge their family based on speculations surrounding the
massacre. In an emailed statement, Ampatuan said that people must instead allow authorities to
finish their investigation and identify the culprits as well as the real motive for the attack.
http://en.wikipilipinas.org/index.php?title=Maguindanao_Massacre

Crime Against Humanity vs. GMA, Ampatuan, et al?

Thursday, January 14, 2010. Filed under Politics

Posted By The Herald News Team.

We love to hear your comments. Please click here to comment.

By Benjamin G. Maynigo*
The most significant event in the Philippines during 2009 is what is now called the Maguindanao
massacre. I believe that based on the reports and comments of respected journalists, columnists
and media outlets, the murderous acts would qualify as a “crime against humanity”. Let us read
what they all said:
Jose Ma. Montelibano: “the barbarism of the Maguindanao massacre is a class of its own in the
history of brutality in the Philippines.”
Philippine Daily Inquirer, “Roots of the Massacre”: “THE MAGUINDANAO MASSACRE, a
crime so horrific, so unspeakable that it led people to ask whether it was committed by animals
or monsters…”
Nestor P. Burgos, Jr., Chair, National Union of Journalists of the Philippines: “the Ampatuan
massacre was not only the worst single attack on the press in history but a continuation of the
series of assaults on press freedom…”
According to investigators: “the victims were shot at close range, some with their hands tied
behind their backs, before being dumped or buried in shallow graves on a remote hillside.”
Witness “Boy”: Ampatuan, Jr. had ordered the gunmen to kill all the members of a rival political
clan, including women and children, and to make sure no evidence was left behind.” Hiding for
fear of his life, he further said; “all of the women in the group had been raped before being killed
and their bodies dumped in mass graves that had already been dug out using an excavator.”
Solita Collas-Monsod: “…..the Maguindanao massacre, the biggest black mark in the nine year
performance record of her administration, reducing to insignificance any of its achievements. It
is with the massacre that she will be connected, when history judges her.”
Rodel Rodis: “…the barbaric slaughter of 61 innocent people, including 30 working journalists. I
also viewed on the Internet gruesome close-up photos of the mangled, brutalized bodies of the
victims, images which still haunt me.”
Analyn Perez and TJ Dimacali of GMANews.TV, “All in all, 35 victims are found buried in the
three graves, while 22 are found lying on the ground or inside vehicles for a total 57 fatalities.
There are still three to four unidentified bodies, and at least four missing.
It is now confirmed that 31 of those killed are journalists, thus-making it “one of the deadliest
single events for the press in memory” and giving the Philippines the title, “the world’s worst
place to be journalist”, according to International Press Freedom watchdo Committee to Protect
Journalist (CPJ). Since 2001, the start of the regime of Gloria Macapagal Arroyo (GMA), 99
journalists had been killed in the Philippines.”
Datu Michael Mastura: “I will tell you, the word “impunity” does not even suit it. It’s
inappropriate.”
Reviewing my notes in International Criminal Law and going over the relevant applicable laws
and cases, the acts described above definitely fall under the definition of “crimes against
humanity”
which is as follows: “any of the following acts when committed
as part of a widespread or systematic attack directed against any civilian population, with
knowledge of the attack:
(a) Murder;
(b) Extermination;
(c) Enslavement;
(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules
of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any
other form of sexual violence of comparable gravity;
(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic,
cultural, religious, gender as defined in paragraph 3, or other grounds that are universally
recognized as impermissible under international law, in connection with any act referred to in
this paragraph or any crime within the jurisdiction of the Court;
(i) Enforced disappearance of persons;
(j) The crime of apartheid; and
(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious
injury to body or to mental or physical health.”
The fact that the attack was directed against a group of protected parties under International Law,
more particularly a civilian population which included children, women, and journalists, leaves
me no doubt that this massacre is a crime against humanity.
Some reactions to these criminal acts against humanity struck me and correspondingly propelled
me to consider alternative measures for the victims to receive justice and for all those responsible
to be tried and punished.
Noted columnist, lawyer and a Facebook friend Rodel Rodis expressed this view: “the issue went
beyond GMA and that even if Fernando Poe, Jr. had been president in November of 2009, the
Ampatuans would still have been warlords of Maguindanao and the ARRM and this same
massacre would have likely still occurred. The cancer of feudal warlordism is more deep-seated
and existed before GMA became president and will continue no matter who is elected president
in May 2010.”
Former Filipinas Magazine Editor & Publisher Mona Lisa Yuchengco wrote: “Why aren’t more
people up in arms (no pun intended) over this massacre demanding for justice? Will this, like all
other atrocities, be buried in our national consciousness? No wonder we’re always in the dumps!
Sorry, but I am very pessimistic about the government doing the right thing right now.”
Daniel j. Austria Rodis responded: “Lisa, there’s no reason based on our past and most recent
history to expect otherwise.”
Charging the Ampatuans, GMA and other senior officials for committing “crimes against
humanity” means that the case or cases would fall under “universal jurisdiction”. The trial is
heard outside of the Philippines free from the judicial corruption, intimidation, fear, political
intervention and further commission of inhumane acts. The nationality of the victims is
irrelevant. The crimes do not have to be committed in time of war or in connection with crimes
against peace. The assertion that the alleged acts are legal under domestic law is no defense
against it.
The Statute of Limitations also does not apply to crimes against humanity. So, GMA and her
cohorts can be charged this year, next year or anytime in the future. There was a specific
Convention on the Non-Availability of the Statutory Limitations to War Crimes and Crimes
Against Humanity, U.N. GAOR Res.2391 (XXIII) (1968). In fact, under the same Convention,
covered are not just direct participants and accomplices, even representatives of the authority that
tolerated the commission of the crimes.
In certain cases, even “ex post facto law” was considered not in violation of the rule of law.
Why should GMA be included in the charge?
A great writer and a Facebook friend Conrado de Quiros said it best: “She (GMA) not only stole
lives—though that is staggering enough in itself, ushering as it did the culture of impunity, which
is really a pale phrase to describe the murder of crows or the slaughter of the innocents or the
gunning down of suspects and burying them in shallow graves—she stole everything else. She
stole this country’s hope, she stole this country’s spirit, she stole this country’s life.
Being congressman did not save Romeo Jalosjos from jail for the rape of a minor. Being
congresswoman will not save Gloria Macapagal-Arroyo from jail for the rape of a nation.”
The degree of responsibility is always commensurate to the degree of powers and resources that
one has to meet that responsibility. GMA had all the powers to prevent or stop the Ampatuans
from committing this “orchestrated attack on the very dignity of man” as described in Article
6(a) of the Nuremberg Charter.
Let me show you what other respected writers say about GMA’s responsibility and
accountability:
Jose Ma. Montelibano: “the barbarism happened because the barbarians were encouraged by
their unholy alliance with Gloria that anything goes for as long they do their part in keeping
Gloria in power. The arms that have been discovered so far around the barbarians’ complex also
came from the AFP and DND as well as from other sources. The unholy alliance gave not only a
signal of encouragement but arms to affirm support beyond the law.” Further, “Such brazenness
would not have been possible without presidential support, even presidential initiatives asking
the barbarians to do everything possible to ensure political victory and control.”
Solita Collas-Monsod: “SHE (GMA) CODDLED THEM. That is the only way one can describe
the relationship of President Macapagal-Arroyo and the Ampatuans of Maguindanao. And that
coddling has resulted in the Maguindanao massacre…”
Monsod further wrote about the forms of coddling:
“First, and the most damaging is that she allowed the Ampatuans to arm themselves….And that
seemingly altruistic move created a monster, legitimizing the Ampatuans’ private army, helping
the clan consolidate its power through fear and intimidation, with at least some of the weapons
and ammunition even provided by the military.
‘Then there is the matter of unexplained wealth. It is common knowledge in Maguinganao that
they were not a major player until 2001. But it seems they made up for lost time – building
mansions in Maguindanao, another set of mansions, at least one each, in Davao and Makati.
Where does a governor get that kind of money?‘How indeed? Yet President Arroyo’s
Ombudsman-given the authority by the Constitution to “Investigate on its own, or on complaint
by any person any act or omission of any public official, employee, office or agency, when such
act or omission appears to be illegal, unjust, improper, or inefficient”- has turned a blind eye all
these years to the flaunting of the Ampatuan wealth.”
Another report: “The government’s glacially slow reaction in the immediate aftermath of the
massacre was proof to many that the president was trying to shield the Ampatuans who helped
deliver Maguindanao during her 2004 reelection.
‘Whatever the outcome of this sordid event, it is clear to most that the Ampatuans and other
political warlords who rule vast regions of the country through terror can only do so with the
implicit approval of the national government. Gloria Arroyo’s coddling of the Ampatuans for all
these years has now blown-up in her face. A hundred years hence, history will likely see Gloria
Arroyo as the enabler of the butcher of Maguindanao and judge her as guilty.”
Nestor P. Burgos, Jr.: “the Ampatuan massacre was not only the worst single attack on the press
in history but a continuation of the series of assaults on press freedom, abetted not just by official
inaction but by this administration’s many attempts to muzzle the independent Philippine
media…consequence of a system of governance that not only nurtures but also arms the likes of
the Ampatuan clan.”
Following the doctrine enunciated in the Yamashita case and in other International law cases,
Command Responsibility as a legal basis for criminal liability has been accepted. Command
responsibility is an omission mode of individual criminal liability: the superior is responsible for
crimes committed by his subordinates and for failing to prevent or punish. In the Yamashita case,
Yamashita was charged solely on the basis of responsibility for an “omission”. Ironically, it
involves Japanese troops engaged in atrocities against thousands of Filipino civilians. He was
charged, found guilty and executed with “unlawfully disregarding and failing to discharge his
duty as a commander to control the acts of members of his command by permitting them to
commit war crimes.”
In fact, in the other cases, actual knowledge by the superior or commander of the criminal acts is
not necessary. A lesser level of knowledge is sufficient.
These doctrines of Command Responsibility and Universal Jurisdiction are incorporated in the
Statutes of ICTY, the ICTR, and the ICC and the Belgian Anti-Atrocities Law. Atrocities similar
to the Maguindanao massacre have been investigated in Belgium, Spain, Rwanda and
Yugoslavia. The laws of Australia, Germany, New Zealand and South Africa have been amended
to allow such investigations as well. Austria, Denmark, Germany, the Netherlands and
Switzerland brought alleged perpetrators to trial on the basis of universal jurisdiction.
Spain’s indictment of former Chilean President Augusto Pinochet is an example. He was charged
for crimes committed mostly in Chile and against Chileans. Cases have been filed in Belgium
against Mauritanian President Maaouya ould Sid’Ahmed Taya, then-Iraqi President Saddam
Hussein, Israeli Prime Minister Ariel Sharon, Rwandan President Paul Kagame, former Chadian
President Hissene Habre and many others.
Like many Filipinos, I have not given up on the Philippines. We always find a way to face
challenges. Cory’s People Power made world history. We indicted, detained and convicted a
president (Estrada.) Unfortunately, GMA pardoned him. We indicted, detained, convicted and
sentenced to the electric chair Governor Rafael Lacson and his cohorts in the Moises Padilla
case. We indicted, convicted and imprisoned Bingbong Crisologo for burning entire barrios
(villages). We sentenced Congressman Jalosjos to life imprisonment for raping a minor. These
are all despite what had been described as a “culture of impunity”.
If the National Union of Journalists of the Philippines led by its Chair Nestor Burgos, supported
by the writers/journalists mentioned in this article, other journalists worldwide, some lawyers,
and Filipinos overseas would lead efforts to pursue this case, we might yet make another journey
to history.
*An International /Cyber Lawyer, Benjamin G. Maynigo is the Founding Chairman of the
LEXIS KUBERNETES Group. He earned his Bachelor of Laws Degree from San Beda College;
Master of Laws from American University; and Master of Arts in Education from George
Washington University.
http://www.pinoyherald.org/news/politics/crime-against-humanity-vs-gma-
ampatuan-et-al.html

As we strongly condemn the massacre by the Ampatuan warlords, we also strongly condemn the
declaration of Martial Law in Maguindanao. This action will not serve the interest of justice but
of the Ampatuan warlords and its master the US-Arroyo regime who intends to:
First, said Martial Law declaration deprive the mass media and the public from directly
monitoring the ongoing investigation and related issues. By this the possibility that the cornered
Ampatuans will expose the role of the AFP and Malacañang in the illegal establishment of
Ampatuan's private army and the maneuvers to push GMA's victory in the past presidential
election, will be prevented.
Second, the Martial Law declaration based on a rebellion case will diminish the seriousness of
the crime and make easy the Ampatuans' criminal defence. The massacre of 57 innocent civilians
merit grave punishment, which will be diminished if said crime will be made part of the rebellion
case. It is however clear that the killing of 57 civilians have nothing to do with rebellion. Those
killed were not armed forces or officials of the government. The arming of the Ampatuan
warlords is not a basis of rebellion because the AFP and Malacañang themselves clearly and
secretly armed the Ampatuan warlords to pit against the struggling Moro people and commit
election fraud.
With the rebellion case, the Ampatuan warlords can easily evade their crimes, as mass murder
will be put under rebellion, according to the law on rebellion cases, they will no longer be liable
for mass murder. The Ampatuans will also find it easy to rationalize that their private army is
part of the AFP forces, CAFGUs and CAAs. And because there is no strong basis that they were
rising against the government, the court will eventually dismiss the case and the barbaric and
violent Ampatuan warlords will evade punishment for their crimes.
The rebellion case depicts the Ampatuan warlords in struggle with a political ideology, in truth
they are simply barbaric, terrorists and common criminals. As opposed from this, it has been the
regime's practice to file cases of common crimes against the true revolutionaries.
Third, Martial Law is meant to end the Moro people's struggle. There are but a few Ampatuna
warlords and their minions compared to the millions of people victimized by the repressive
martial law. Under Martial Law, the media can no longer monitor victims of military abuse,
especially those who struggle for self-determination.
Fourth, the Maguindanao Massacre and the declaration of Martial Law in said province will
become the basis for the declaration of Martial Law in the country so Arroyo and her underlings
will remain in the seat of power.
Fifth, through Martial Law in Maguindanao, the victory of the administration's candidates will be
ensured.
Under the US-Arroyo regime, no justice will be achieved by the victims of the massacre and the
more than a thousand victims of extra-judicial killings in the country since GMA sat in power.
The master of the criminal Ampatuans and mother of extra-judicial killings in the country will
never give justice to the victims of the Ampatuan Massacre.
GMA's creation of a commission to disband private armies in the country is a big joke. GMA's
close allies are politicians, drug lords, kidnap-for-ransom, guns-for-hire and other syndicates
with private armies. This is just another way to disarm and repress the opposition and ensure that
the allies of GMA will win in the coming elections through terrorism. Above all, the AFP along
with the CAFGU and CAA is the biggest private army paid for with taxpayers' money but
serving the interests of the US-Arroyo regime and her allies.
The people must unite and oppose Martial Law of the US-Arroyo regime!
http://www.philippinerevolution.net/cgi-bin/statements/stmts.pl?
author=ndfnm;date=091209;lang=eng
Nearly 200 charged in Philippines massacre
Clan is alleged to have shot political rivals, supporters
By Oliver Teves

Associated Press / February 10, 2010

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MANILA - Philippine prosecutors filed charges yesterday against the head of a powerful clan
and 195 others in the biggest and deadliest murder case since the country’s World War II war
crimes trials.
Discuss

COMMENTS
(1)

The indictment said Andal Ampatuan Sr. and the others were part of a conspiracy to ambush and
kill members of the rival Mangudadatu family and supporters, who were gunned down Nov. 23
on a hilltop in Maguindanao Province. In all, 57 people died in the massacre apparently to
prevent Esmael Mangudadatu from challenging the Ampatuans’ control of the province in a
gubernatorial election.
Among those killed were 30 journalists and their staff who were to cover the filing of
Mangudadatu’s candidacy papers.
The massacre was unprecedented even for the country notorious for election violence and
political killings that have claimed hundreds of lives this decade. Only the war crime trials of
World War II Japanese commanders in the Philippines involved higher numbers of victims.
“I would say it is the biggest [trial] since the war, but I would even say in Philippine history
because I don’t put this in the same category of wars or those political crimes where you talk of
numbers of victims,’’ said Justice Secretary Agnes Devanadera.
“Legally, it will take a little while because every accused has a right,’’ she said.
Mangudadatu, who said he had received death threats from the Ampatuans, sent his wife and
other female relatives and supporters to the provincial capital in the hope that his rival would not
harm the women.
Before yesterday’s indictment, only the patriarch’s son, Andal Ampatuan Jr., had been formally
charged.
“From the witnesses presented . . . it can be deduced that the commission of the crime was
planned deliberately by the perpetrators and that, until its consummation, there was an inexorable
resolve to kill,’’ the indictment document said. “Consequently, their plan was carried out leading
to the mass murder.’’
Andal Ampatuan Jr. has pleaded not guilty and is seeking bail.
No date has been set for the arraignment of his father, brothers, and the others accused.
The 69-year-old clan patriarch, an ally of President Gloria Macapagal Arroyo, has denied any
involvement and said the charges have been fabricated.

Suspect in Philippine massacre pleads not guilty

Tue-Jan 05, 2010
Manila / Associated Press
A member of a powerful political clan on Tuesday pleaded not guilty to murder charges in the
Philippines' worst election massacre of 57 journalists and members of a rival's family.

Andal Ampatuan Jr., a town mayor in southern Maguindanao province where his family ruled
unopposed for years, has been initially charged with 41 counts of murder in the Nov. 23 attack
on an election caravan in the volatile southern Philippines.

Ampatuan, the only one charged with murder so far, entered a plea of not guilty as his trial got
under way amid tight security in the national police headquarters.

Sporting a luxury watch and neckless with an "A," Ampatuan stood emotionless beside his
lawyer in front of Regional Trial Court Judge Jocelyn Solis Reyes as a court staffer read the
charges accusing him of "conspiring, confederating and mutually helping" others in the
gruesome murders.

Prosecutors said there was "evident premeditation" in the killings, characterized by the use of
"superior strength, treachery and cruelty."

Prosecutors said they have witnesses who will testify that Ampatuan led more than 100
government-armed militiamen and police in stopping the caravan at a security checkpoint outside
Ampatuan township, then forcing the victims at gunpoint to a hilltop clearing where they were
gunned down and buried in mass graves.

Among those killed were at least 30 journalists and their staff in what is considered the world's
deadliest single attack on media workers. The carnage has sparked international outrage,
prompting President Gloria Macapagal Arroyo to briefly impose martial law in Maguindanao to
crack down on the powerful Ampatuan clan, a key political ally, and its private army.

Ampatuan's father, the former provincial governor who heads the clan, and several other close
relatives also have been accused of involvement in the killings but have yet to be indicted. They
too have denied any role in the massacre.

The victims included the family and supporters of the Ampatuans' election rival, Esmael
Mangudadatu, who sent his wife, sisters and other female relatives to file his candidacy papers
hoping they would not be harmed. Mangudadatu said Ampatuan threatened to kill him if he ran
for governor in national elections in May.

Prosecutors presented Ricardo Diaz of the National Bureau of Investigation as their first witness.
He said he received autopsy reports, statements from witnesses, pictures and video footage of
bodies and the crime scene.

Ampatuan's lawyer, Sigfrid Fortun, won a ruling from the judge disallowing as evidence a flash
disk that purportedly contained video and pictures of the victims on grounds that Diaz did not
personally record them.

Prosecutors said they will present investigators who recorded the images at the next hearing
scheduled for Jan. 13.
Fortun has filed a motion for his client to be released on bail, which prosecutors opposed
Tuesday citing possible reprisals against witnesses, Chief State Prosecutor Jovencito Zuno told
reporters after the hearing.

Dressed in a striped polo shirt, Ampatuan yawned and appeared tired during the hearing, said
Dante Jimenez, head of the Volunteers Against Crime and Corruption, a citizens' group.

"It seems he was very insensitive to the proceedings," Jimenez said.

Editha Tiamzon, widow of Daniel Tiamzon, a driver for the private UNTV television network,
said she felt anger. "It's my first time to see him ... I want justice."

Mangudadatu said he was "still grieving but happy" that the trial had begun more than a month
after the killings.

"Let us help each other and pray that the victims will get justice and those responsible for this
heinous crime be found guilty," he said.

Arroyo's political backing of the clan, which helped her win crucial votes during the 2004
elections, has allowed the Ampatuans to flourish dangerously for years in Maguindanao, a
predominantly Muslim province about 560 miles (900 kilometers) south of Manila, the
International Crisis Group, a prominent think tank, said last month.

Arroyo's aides have acknowledged her close alliance with the Ampatuans but said that did not
authorize them to commit crimes. The Ampatuans were expelled from Arroyo's ruling party after
the killings.
http://newsx.com/story/69852

und the World. Mabuhay ang Pilipino!

Friday, January 15, 2010

Crime Against Humanity vs. GMA, Ampatuan, et al?
by Benjamin G. Maynigo*
The most significant event in the Philippines during 2009 is what is now called the Maguindanao massacre. I believe that based on
the reports and comments of respected journalists, columnists and media outlets, the murderous acts would qualify as a “crime
against humanity”. Let us read what they all said:

Jose Ma. Montelibano: “the barbarism of the Maguindanao massacre is a class of its own in the history of brutality in the
Philippines.”

Philippine Daily Inquirer, “Roots of the Massacre”: “THE MAGUINDANAO MASSACRE, a crime so horrific, so unspeakable that it
led people to ask whether it was committed by animals or monsters…”
Witness “Boy”: “Ampatuan, Jr. had ordered the gunmen to kill all the members of a rival political clan, including women and children,
and to make sure no evidence was left behind.

Rodel Rodis: “…the barbaric slaughter of 61 innocent people, including 30 working journalists. I also viewed on the Internet
gruesome close-up photos of the mangled, brutalized bodies of the victims, images which still haunt me.”

Analyn Perez and TJ Dimacali of GMANews.TV, “It is now confirmed that 31 of those killed are journalists, thus-making it “one of the
deadliest single events for the press in memory” and giving the Philippines the title, “the world’s worst place to be a journalist”,
according to International Press Freedom watchdog Committee to Protect Journalists (CPJ). Since 2001, the start of the regime of
Gloria Macapagal Arroyo (GMA), 99 journalists had been killed in the Philippines.”

Reviewing my notes in International Criminal Law and going over the relevant jurisprudence, the acts described above definitely fall
under the definition of “crimes against humanity.” Under the law, “any of the following acts when committed as part of a widespread
or systematic attack directed against any civilian population, with knowledge of the attack:(a) Murder; (b) Extermination; (c)
Enslavement; (d) Deportation or forcible transfer of population; (e) Imprisonment or other severe deprivation of physical liberty in
violation of fundamental rules of international law; (f) Torture; (g) Rape, sexual slavery, enforced prostitution, forced pregnancy,
enforced sterilization, or any other form of sexual violence of comparable gravity; (h) Persecution against any identifiable group or
collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are
universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime
within the jurisdiction of the Court; (i) Enforced disappearance of persons; (j) The crime of apartheid; and (k) Other inhumane acts of
a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.”

The fact that the attack was directed against a group of protected parties under International Law, more particularly a civilian
population which included children, women, and journalists, leaves me no doubt that this massacre is a crime against humanity.

Reactions to these criminal acts against humanity struck me and correspondingly propelled me to consider alternative measures for
the victims to receive justice.

Former Filipinas Magazine Editor & Publisher Mona Lisa Yuchengco wrote: “Why aren’t more people up in arms (no pun intended)
over this massacre demanding for justice? Will this, like all other atrocities, be buried in our national consciousness? No wonder
we’re always in the dumps! Sorry, but I am very pessimistic about the government doing the right thing right now.”

Charging the Ampatuans, GMA and others for committing “crimes against humanity” means that the case or cases would fall under
“universal jurisdiction”. The trial is heard outside of the Philippines free from the judicial corruption, intimidation, fear, political
intervention and further commission of inhumane acts. The nationality of the victims is irrelevant. The crimes do not have to be
committed in time of war or in connection with crimes against peace. The assertion that the alleged acts are legal under domestic
law is no defense against it.

The Statute of Limitations also does not apply to crimes against humanity. So, GMA and her cohorts can be charged this year, next
year or anytime in the future. There was a specific Convention on the Non-Availability of the Statutory Limitations to War Crimes and
Crimes Against Humanity, U.N. GAOR Res.2391 (XXIII) (1968). In fact, under the same Convention, covered are not just direct
participants and accomplices, even representatives of the authority that tolerated the commission of the crimes. In certain cases,
even “ex post facto law” was considered not in violation of the rule of law.

Why should GMA be included in the charge?

A great writer and a Facebook friend Conrado de Quiros said it best: “She (GMA) not only stole lives—though that is staggering
enough in itself, ushering as it did the culture of impunity, which is really a pale phrase to describe the murder of crows or the
slaughter of the innocents or the gunning down of suspects and burying them in shallow graves—she stole everything else. She
stole this country’s hope, she stole this country’s spirit, she stole this country’s life.

Being congressman did not save Romeo Jalosjos from jail for the rape of a minor. Being congresswoman will not save Gloria
Macapagal-Arroyo from jail for the rape of a nation.”
The degree of responsibility is always commensurate to the degree of powers and resources that one has to meet that
responsibility. GMA had all the powers to prevent or stop the Ampatuans from committing this “orchestrated attack on the very
dignity of man” as described in Article 6(a) of the Nuremberg Charter.

Let me show you what other respected writers say about GMA’s responsibility and accountability:

Jose Ma. Montelibano: “the barbarism happened because the barbarians were encouraged by their unholy alliance with Gloria that
anything goes for as long they do their part in keeping Gloria in power. The arms that have been discovered so far around the
barbarians’ complex also came from the AFP and DND as well as from other sources. The unholy alliance gave not only a signal of
encouragement but arms to affirm support beyond the law.” Further, “Such brazenness would not have been possible without
presidential support, even presidential initiatives asking the barbarians to do everything possible to ensure political victory and
control.”

Solita Collas-Monsod: “SHE CODDLED THEM. That is the only way one can describe the relationship of President Macapagal-
Arroyo and the Ampatuans of Maguindanao. And that coddling has resulted in the Maguindanao massacre…”

Another report: “Gloria Arroyo’s coddling of the Ampatuans for all these years has now blown-up in her face. A hundred years
hence, history will likely see Gloria Arroyo as the enabler of the butcher of Maguindanao and judge her as guilty.

Nestor P. Burgos, Jr.: “the Ampatuan massacre was … abetted not just by official inaction ..consequence of a system of governance
that not only nurtures but also arms the likes of the Ampatuan clan.”

Following the doctrine enunciated in the Yamashita case and in other International law cases, Command Responsibility as a legal
basis for criminal liability has been accepted. Command responsibility is an omission mode of individual criminal liability: the
superior is responsible for crimes committed by his subordinates and for failing to prevent or punish. In the Yamashita case,
Yamashita was charged solely on the basis of responsibility for an “omission”. Ironically, it involves Japanese troops engaged in
atrocities against thousands of Filipino civilians. He was charged, found guilty and executed with “unlawfully disregarding and failing
to discharge his duty as a commander to control the acts of members of his command by permitting them to commit war crimes.” In
fact, in the other cases, actual knowledge by the superior or commander of the criminal acts is not necessary. A lesser level of
knowledge is sufficient.

These doctrines of Command Responsibility and Universal Jurisdiction are incorporated in the Statutes of ICTY, the ICTR, and the
ICC and the Belgian Anti-Atrocities Law. Atrocities similar to the Maguindanao massacre have been investigated in Belgium, Spain,
Rwanda and Yugoslavia. The laws of Australia, Germany, New Zealand and South Africa have been amended to allow such
investigations as well. Austria, Denmark, Germany, the Netherlands and Switzerland brought alleged perpetrators to trial on the
basis of universal jurisdiction.
Spain’s indictment of former Chilean President Augusto Pinochet is an example. He was charged for crimes committed mostly in
Chile and against Chileans. Cases have been filed in Belgium against Mauritanian President Maaouya ould Sid’Ahmed Taya, then-
Iraqi President Saddam Hussein, Israeli Prime Minister Ariel Sharon, Rwandan President Paul Kagame, former Chadian President
Hissene Habre and many others.

Like many Filipinos, I have not given up on the Philippines. We always find a way to face challenges. Cory’s People Power made
world history. We indicted, detained and convicted a president (Estrada). Unfortunately, GMA pardoned him. We indicted, detained,
convicted and sentenced to the electric chair Governor Rafael Lacson and his cohorts in the Moises Padilla case. We indicted,
convicted and imprisoned Bingbong Crisologo for burning entire barrios (villages). We sentenced Congressman Jalosjos to life
imprisonment for raping a minor. These are all despite what had been described as a “culture of impunity”.

If the National Union of Journalists of the Philippines led by its Chair Nestor Burgos, supported by the writers/journalists mentioned
in this article, other journalists worldwide, some lawyers, and Filipinos overseas would lead efforts to pursue this case, we might yet
make another journey to history.

*An International / Cyber Lawyer, Benjamin G. Maynigo is the Founding Chairman of the LEXIS KUBERNETES (Laws in
Cyberspace) Group. He earned his Bachelor of Laws Degree from San Beda College; Master of Laws from American
University; and Master of Arts in Education from George Washington University. He was also the former President of the
Philippine American Bar Association (PABA).

http://jns4fils.blogspot.com/2010/01/crime-against-humanity-vs-gma-ampatuan.html
10 more Ampatuan clan members face rebellion raps

abs-cbnNEWS.com | 12/16/2009 10:34 AM

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•
MANILA, Philippines - The Philippine National Police filed rebellion charges against 10 more
members of the Ampatuan clan and more than 600 "rebellion sub-leaders" and supporters.
Chief Superintendent Leonardo Espina, PNP spokesman, said in an update on Wednesday that
rebellion charges were referred to the Department of Justice (DOJ) on Saturday, the same day
President Gloria Macapagal Arroyo lifted Proclamation No. 1959 declaring martial law and
suspending the writ of habeas corpus in parts of Maguindanao province.
The 10 are Mayor Banarin Ampatuan of Mamasapano town, Mayor Yacob Ampatuan of Rajah
Buayan town, Datu Ulo Ampatuan, Datu Upi Ampatuan, Vice-Mayor Kanor Ampatuan of Salibo
town, Vice-Mayor Sukarno Badal of Sultan Sabarongis town, Mayor Alexander Tumawis of
Barira town, Mayor Ombra Sinsuat of Datu Udin town, Mayor Abu Talib of Parang town and
provincial administrator Nurie Unas.
Espina said 17 leaders of Civilian Volunteer Organization from several towns in Maguindanao
were also charged with rebellion. The PNP classified the CVO leaders as "sub-leaders" of the
alleged rebellion.
The PNP spokesman said a total of 611 CVO members were included in the rebellion case
referred to the DOJ.
Espina said the charges are in addition to the rebellion charges earlier filed by the DOJ before the
Cotabato City regional trial court against 5 members of the Ampatuan clan including its patriarch
former provincial governor Andal Ampatuan Sr. and son, Autonomous Region in Muslim
Mindanao Gov. Zaldy Ampatuan, and 19 followers.
Meanwhile, the PNP said there has been no let up in the operations for the recovery of more
firearms and ammunition in Maguindanao, which remains under a state of emergency.
The PNP said joint military and police teams recovered on Tuesday morning a large arms cache
in Barangay Timbangan, Shariff Aguak town, the bailiwick of the Ampatuans in the province.
Among the unearthed items were 7 pieces of M60 rifles, 1 Minimi light machine gun, 4 units of
M14 rifles, an AK 47 rifle with a magazine, 2 Browning rifles; a 60mm mortar with with a
bipod, a barrel for for an M14 rifle, 4 M60 bolts, 9 links for M16 ammunition, 273 rounds of
AK 47 ammunition; 1 long steal magazine; 2 bandoliers; 1 sling bag with nametag "Ibrahim A
Shariff Aguak Maguindanao", a black bag, a barrel pouch.
The recovered items have been brought to the police regional headquarters in Cotabato City. –
Report from Noel Alamar, radio dzMM
http://www.abs-cbnnews.com/nation/12/16/09/10-more-ampatuan-clan-members-face-rebellion-
raps

Ampatuan Jr. trial begins

By Abigail Kwok
Agence France-Presse, INQUIRER.net
First Posted 09:05:00 01/05/2010

Filed Under: Crime and Law and Justice, Maguindanao Massacre

MANILA, Philippines— (UPDATE) The trial of the prime suspect in the worst political
massacre in the Philippines began shortly before 9 a.m. Tuesday, placing the nation's corruption-
plagued political and justice systems under the microscope.

Live coverage of the trial was prohibited and all photographers and cameramen were told to
leave the court room before the start of the trial.
But an insider said the 600-square-meter makeshift court room was not filled to its maximum of
200 seating capacity.
Ampatuan Jr. was seated on the right side of the court room, facing presiding Judge Jocelyn
Solis-Reyes. With him were his five lawyers, led by lawyer Sigried Fortun, insiders said.
Clad in a pink polo shirt, Ampatuan was brought into the court room in handcuffs but these were
removed just before the trial started.
The trial started at exactly 8:30 a.m. and the motion for bail was expected to be tackled, as well
the petition of the relatives of the slain journalists to have Ampatuan transferred to the Quezon
City jail.
Seated on the opposite row was Buluan vice mayor Ismael "Toto" Mangudadatu and his
counsels, as well as the relatives of the slain journalists and their counsel lawyer Harry Roque.
A team from the Commission on Human Rights led by chairperson Leila De Lima was also
present as observers of the trial.
Ampatuan Jr. is charged with multiple murders over the killings of at least 57 people in
November, including pregnant women who were relatives of a political rival and about 30
journalists, in the violence-wracked Mindanao.
More than 30 heavily-armed police escorts will take Ampatuan to a special court inside the
Philippines' national police headquarters for a bail hearing, the first step in judicial proceedings
that many fear could drag on for years.
"This is something that everyone must monitor every step of the way," said Ramon Casiple, a
political analyst with the Institute for Political and Economic Reform.
"What we are facing here is a very strong clan with very strong political connections and the
capability to intimidate or even kill witnesses," he told AFP.
"This puts the justice system to a test because past cases with heavy political overtones have
never been satisfactorily concluded."
Casiple cited as an example the trial of former president Joseph Estrada's trial, who was deposed
in a military-backed popular revolt in 2001, for massive corruption.
After a marathon six-year trial, he was convicted and sentenced to life imprisonment, only to be
pardoned and set free by successor Gloria Macapagal-Arroyo.
"At the end of the day, it's still politics talking. And these warlords will not go down quietly,"
Casiple said.
Some in Ampatuan Jr.'s battery of high-profile lawyers also worked in the Estrada trial, and they
are expected to raise technicalities to delay the case, he said.
One judge has already backed out from the explosive case, saying he feared for his life. There
have also been calls from prosecutors for the justice department to ensure the safety of witnesses.
Ampatuan Jr. allegedly led 100 of his men in stopping a convoy carrying members of a political
rival and journalists on November 23.
The dead were systematically murdered and buried in shallow pits or dumped in grasslands just
near the national highway in Maguindanao province, where Ampatuan Jr.'s father and namesake
was governor.
Ampatuan Sr. as well as several other clan members were later arrested after martial law was
imposed in Manguindanao and charged separately with rebellion.
In her report to Congress defending martial law, Arroyo said those massacred bore "marks of
despicable torture, contempt, and outrageous torment."
She also said that clan followers had threatened to carry out attacks if their patrons were arrested.
The Brussels-based International Crisis Group said last month, however, that Arroyo was partly
to blame for the massacre because she had allowed a "local despot to indulge his greed and
ambition."
Ampatuan Sr. had controlled Maguindanao province for most of the past decade and was
grooming his son to take his place as governor in this May's national elections.
Ampatuan Sr.'s influence and power grew because Arroyo allowed him to maintain a 3,000-
strong heavily armed militia as part of a government strategy to contain Muslim separatist
insurgents in the south.
In exchange for the support, Ampatuan also helped deliver votes from the province to Arroyo
and her candidates in the 2004 election allegedly through cheating.
The shocking crime forced her to cut political ties with the clan, but critics say the Ampatuans
may still hold enough political power to avoid the penalties many believe they deserve.
"I have serious doubts about the whole exercise," Harry Roque, chairman of the advocacy group
Center Law Philippines, who is also a private prosecutor representing the slain journalists, said
of the case.
"There is a genuine fear from the victims' families that justice will not be served," he said.
With reports from AFP
http://newsinfo.inquirer.net/breakingnews/nation/view/20100105-
245598/Ampatuan_Jr._trial_begins

Justice for Victims of Maguindanao Massacre

No to U.S.-Sponsored State Terror in the Philippines!

Voice of Revolution condemns the U.S. arming and backing of the Philippine government and
brutal paramilitary forces, responsible for the massacre of 64 civilians in Maguindanao province,
Mindanao, Philippines on November 23. We demand that the U.S. government denounce this
massacre and stop arming and funding these forces. Much as is occurring in Colombia and more
recently in Honduras, the U.S. claims to be a defender of human rights and “free and fair”
elections, yet is repeatedly exposed as the force arming and backing the most reactionary forces
responsible for civilian massacres and fraudulent elections. And, once again, President Barack
Obama is remaining silent about the massacre in the Philippines.
The Maguindanao Massacre where a large number of women and children, 29 journalists and
two human rights lawyers were killed, is part of a campaign of state-terror and violence
organized by the U.S. and the U.S-backed Philippine government of Gloria Macapagal-Arroyo.
Most recently, this included a 9-day period from December 4-12 where martial law and
suspension of the writ of habeas corpus was imposed on Maguindanao province. This campaign
is aimed at intimidating and disrupting the Philippine people’s revolutionary movement for the
political renewal of their society so as to build a new and sovereign Philippines and end once and
for all U.S. military occupation of their country and its subjugation through fascist governments.
The U.S. has a long history of brutalizing the Filipino people, beginning with outright colonizing
the country in 1898, then installing one fascist government after the other, including the
infamous Ferdinand Marcos government (1965-1986), notorious for its human rights abuses and
open theft of the wealth of the people.

State-organized violence and terror against the Filipino

people has escalated during Arroyo’s tenure, with conditions now considered even worse than
those under Marcos. Close to 1000 people have been assassinated by the regime to crush all
opposition – so as to enable the U.S. imperialists to continue to use the Philippines as a military
staging ground for wars of aggression and occupation in Asia and the world as well as to
facilitate the continued plunder of the natural and human resources of the Filipino people.
Despite the firm resistance of the Filipino people, who successfully forced the U.S. to close its
bases, with puppet governments like Arroyo’s, the U.S. has secured “visiting forces agreements.”
These agreements allow the U.S. to have troops in the country while also providing immunity for
them from crimes committed, such as rape and murder. The agreements are also against the
Philippine constitution. Utilizing these agreements, the U.S. has been training and arming not
only the Philippine Army but the paramilitary forces responsible for the recent massacre.
In the Philippines, the Armed Forces, police and private armies composed of armed goons in the
pay of the warlords and the most powerful landowners and industrialists act above the law, as do
U.S. troops and the multinationals operating in the Philippines that they protect. All of them
commit crimes and atrocities including extra-judicial killings, imprisonment and torture of
members of opposition groups and human rights activists, lawyers, union members and
progressive youth. These extra-judicial killings and assassinations must be ended!
U.S. Out of the Philippines!
Justice for Victims of the Ampatuan Massacre!
President Obama Condemn these Atrocities and Stop Funding these Crimes!
[TOP]

Nationwide Protests Demanding Justice for Maguindanao Massacre Victims

Alliance-Philippines (AJLPP, Los Angeles), Friday, Dec. 11, 2009
 On International Human Rights Day, December 10,
and the whole week before that the Filipino American community was in protest mode. The
Alliance Philippines strongly expressed its militant support for the people’s movement in the
Philippines opposing the declaration of martial law and demanded justice for Maguindanao
massacre victims by holding protests in key cities all over the United States from December 5 to
10, 2009.
On December 5, Ugnayan ng mga Anak ng Bayan New York/New Jersey Chapter held their 5th
anniversary celebrations by honoring the victims of the Maguindanao Massacre. The event was
held at the Renaissance Charter School in Jackson Heights, New York City. On December 8, a
Community Forum led by the AJLPP, ANSWER-LA and AFFIRM was held at the FACLA
Social Hall, in Los Angeles. A panel of speakers from different organizations condemned the
massacre. A candlelight vigil capped the tribute and paid honor to the 64 victims of untold
cruelties. On December 10, International Human Rights Day, scores of activists held a vigils and
rallies.
At the Los Angeles rally, protesters stood their ground despite repeated harassment from the
L.A. police (LAPD) acting at the behest of the US-Arroyo regime and the US State Department.
The LAPD sent five patrol cars to shadow the protestors who kept on chanting: “Marcos, Gloria
U.S. puppets, Marcos Gloria, Terrorist puppets!”
The half-hour rally was capped with speeches, songs and solidarity statements. The candlelight
vigil went on despite the threat of rain and LAPD presence.
Martial Law for the Whole Nation?
The AJLPP believes the U.S.-Arroyo regime is flexing its muscles, is testing the waters and
laying the ground work for declaration of martial law for the whole country, Filipinos should be
wary because the Arrayo government absolutely controls the military, the courts and the lower
house of Congress.
AJLPP will not be surprised if the Ampatuans will be pardoned or given amnesty like all the
criminals pardoned by the Arroyo regime.
The supposed “discovery” of thousands of heavy arms, the existence of the private armies of the
Ampatuans in Maguindanao and the use of US AID for building 16 luxurious mansions of the
Ampatuans while the people of Maguindanao live in squalor is a proof that the US-Arroyo
regime and US imperialism is a party to the dastardly massacre that killed 59 people including 31
journalist on November 23.
The AJLPP calls on the Filipino-American community to be on alert against new schemes of the
ruling class that have piled up bloody crimes against the people.
 Justice for the Victims of the Ampatuan Massacre!
No to Martial Law!
Oust the Fascist U.S.-Arroyo Regime!
[TOP]

The Structure of Reactionary Violence and Human Rights Violations in the Philippines
Professor José Maria Sison
Chairperson, International League of Peoples’ Struggles, November 28, 2009
The International Coordinating Committee and all member-organizations of the International
League of Peoples’ Struggle condemn with all their moral conviction and strength the monstrous
massacre of at least 57 people, including many women and children, 29 journalists and two
human rights lawyers, in Ampatuan, Maguindanao on November 23, 2009.
The abominable crime against humanity was perpetrated by the private army of the Ampatuan
ruling clan in collaboration with units of the Philippine National Police (PNP) and the Philippine
Army (PA). The private army consists of armed units designated as Civilian Armed Force
Geographical Units (CAFGU) and Civilian Volunteers Organization (CVO), subsidized by
public funds and operating as auxiliary paramilitary units of the PNP and PA.
The Ampatuans are governors of both Maguindanao and the Autonomous Region of Muslim
Mindanao (ARMM) and include a cabinet undersecretary, congressmen and several town
mayors. They have maintained their dominant warlord status because they are aligned with the
Arroyo regime and have delivered to it large numbers of fraudulent votes in the 2004 and 2007
reactionary elections. Thus, they are allowed to oppress and exploit the people and crush with
armed force any opposition.
But it is not enough to see only the relationship of the Arroyo ruling clique and the Ampatuan
ruling clan in Maguindanao or even the rotten and violent character of the entire oppressive
ruling system in the Philippines. The official designation and government financing of the
Ampatuan private army as CVO and CAFGU paramilitary auxiliaries of the PNP and PA are in
line with the national internal security plan called Oplan Bantay Laya (OBL, Operation Plan
Freedom Watch). This has been designed and directed by the U.S. under its global war of terror
policy.

The structure of reactionary violence and human rights

violations in the Philippines has several levels, including those of the U.S., the puppet Manila-
based government and the local tyrants like the Ampatuans. The U.S. has been the most culpable
for whipping up state terrorism and vigilantism by local tyrants and by army and police
commanders under the pretext of combating communists and Muslims who are unjustly labeled
as terrorists.
The U.S. is the imperialist master that has dictated that the Arroyo regime adopt and implement
Oplan Bantay Laya and use the regular armed forces, the police and the paramilitary forces of
the Ampatuan type to suppress the national and democratic rights of the people. Along the way,
the puppets use their armed power to intimidate and kill their intrasystemic political rivals.
The U.S. has provided the doctrine of warfare against the people and supplied the military
equipment and training and other wherewithal of the reign of terror. It has embedded advisors,
trainers and operatives within the reactionary armed forces, and has deployed its own units in
Mindanao and elsewhere to ensure puppet obedience to its imperialist dictates.
Together with the Manila-based puppet government, local tyrants like the Ampatuans and all
their military, police and paramilitary minions, the U.S. is culpable and condemnable for pushing
state terrorism and the gross and systematic human rights violations and emboldening the human
rights violators to commit their crimes with impunity under the pretext of combating terrorism.
[TOP]

Further Information on the Ampatuan Massacre

International League of the Peoples’ Struggles
In a land that is familiar with violence by foreign aggressors and local tyrants, the recent
massacre of at least 57 people in Ampatuan municipality, Maguindanao Province, Philippines
still managed to shock and outrage the Filipino people as well as the rest of the world.
A convoy of journalists, lawyers and women relatives of Ismael Mangudadatu, a local politician
contesting the governorship of Maguindanao Province, were en route to file registration papers
for the May 2010 elections on the morning of 23 November 2009 when they were abducted and
executed by over 100 gunmen. Twenty-four of the victims were women, some of whose bodies
were later found mutilated. At least 28 journalists were also killed in the attack, which the
Reporters without Borders described as the worst loss of life in the history of journalism.
 The perpetrators were allegedly led by Andal Ampatuan
Jr., the Mayor of a nearby town and son of the incumbent Governor of Maguindanao, who was
being groomed to take over his father’s position. He was assisted by senior police officials, local
police and paramilitary forces that function as a private army of the Ampatuan clan. A backhoe
registered to the provincial government was even on hand to bury the victims in pre-dug
common graves.
Clearly, the Ampatuans consider themselves untouchable because of their loyal ties to the
incumbent President Gloria Macapagal Arroyo who has deliberately created a climate of
impunity for human rights violators and mass murderers in the Philippines. Since her ascent to
power in 2001, over 800 extra-judicial killings have been committed in the country, including 51
incidents of massacres victimizing a total of 255 persons. Not one has been punished for these
vilest of crimes.
In the case of the Ampatuan massacre, it took four days before the principal suspect was taken
into custody and only after intense public outcry for justice. The Arroyo government’s initial
response was to declare a state of emergency in the province, which would be enforced, of
course, by the local state apparatus controlled by the Ampatuans.
The Ampatuan clan is a prime example of feudal-fascist warlords who are coddled and nurtured
by the national ruling clique in order to secure their hold over local populations and resources.
The Ampatuans are among the most loyal vassals of the Arroyo ruling clique and responsible for
orchestrating the electoral fraud in the region through which Arroyo has kept herself in power.
It was Arroyo who gave the Ampatuan clan the authority to recruit and arm civilians to assist in
fighting “insurgents” in the region. As a result, the Ampatuans now have a 500-strong army,
which includes 200 special armed civilian auxiliary forces, as well as entire regular military and
police units assigned to ensure the security of the clan members.
These local warlords and their “armies,” particularly in Mindanao, are not only interwoven with
the national security apparatus of the ruling classes, they are also backed by the U.S. imperialist
state, which has a special interest in Mindanao. The U.S. military considers Mindanao strategic
for its force projection in this part of the world. It maintains military facilities in the island in
direct violation of the Philippine Constitution. It has conducted at least seven military exercises
in Mindanao since 2001, poured millions of military aid and has trained local security forces to
enhance “inter-operability” with U.S. troops.
The USAID has funded tens of millions of dollars worth of infrastructure projects throughout the
region to support U.S. military operations and U.S. investors in the region. To accomplish their
objective of securing strategic resources and facilities, and suppressing revolutionary and
democratic challenges to U.S. interests in the region, the U.S. necessarily works with the local
state apparatus and allies with feudal-fascist rulers such as the Ampatuans.
Given the intimate ties of the Ampatuans and other fascist criminals with the U.S.-Arroyo
regime, there is no reason to expect that any fact-finding body or investigation initiated by the
corrupt, oppressive and brutal government will be credible or will bring justice to the victims of
massacres and other human rights violations in the Philippines.
The ILPS calls on all freedom-loving peoples of the world to denounce the Maguindanao
Massacre and all other extra-judicial killings in the Philippines; to demand an independent probe
of these killings; and to condemn the Arroyo government for coddling mass murderers and
human rights violators.
Stop the Killings!
End Impunity!
Justice Now!

http://www.usmlo.org/arch2009/2009-12/VR091221.htm

‘BLOOD FOR BLOOD’ JUSTICE?

By TOTO CAUSING

THE truth is that the culture of Maguindanao natives as to what kind of justice
should be meted out to the murderers is still prevailing among all Muslim Filipinos. The
justice practices are similar among the tribesmen in Lanao del Sur, Lanao del Norte,
Basilan, Sulu and Tawi-Tawi.

With this reality, can we expect that the victims will never take justice into their
hands?

Everybody in Cotabato agrees that the Mangudadatus of Maguindanao and

Sultan Kudarat are among the most civil, most peace-loving and most understanding to
the Christian neighbors and constituents.

One proof to this is: Pax Mangudadatu won three straight terms as governor of
Sultan Kudarat province despite the fact that he was running against Christian
opponents in a place where non-Muslim voters are only 25 percent. He then won the
lone congressional seat and his son also won handily.
 It is but natural for the voters to vote politicians who do no harm or who do more
good than harm.

With this reputation about the attitude and character of the Mangudadatus, can
they withstand the pressure of extreme grief and anger over the loss of their women
who have been insisted to have been raped before having been killed brutally in that
unforgettable November 23, 2009 massacre in Ampatuan, Maguindanao?

Only time and God or Allah can tell.

Buluan Vice-Mayor Toto Mangudadatu has been spewing outrage in all television
footages. He always stressed that Mayor Andal Ampatuan Jr. of Datu Unsay town and
the latter’s 100 armed goons must answer.

Toto has been consistent in telling the world that his eyewitnesses now in his
custody saw how his wife was raped, speared off of her private parts, shot on two boobs
and the private part, and fired upon point-blank on her face.

He is also consistent in insisting that his two sisters, both pregnant, also suffered
the fate of his wife.

What is more, Toto’s outrage has been fueled further by his moral obligation to at
least 27 media persons whom he invited to accompany his wife and his two lady
lawyers in filing his certificate of candidacy for the governorship of Maguindanao.

He cannot back out from this obligation to the people other than his relatives
because it was his desire to run for governor, represented by a piece of paper, that cost
their lives.

Pax, considered as the patriarch of the Mangudadatus, has strictly ordered his
relatives not to start a bloody revenge and give the justice system a chance.

The present governor of Sultan Kudarat, a neighbor province of Maguindanao, is

Teng Mangudadatu, a son of Pax and a cousin of Toto.

But the killing is, unarguably, too extreme to resist to take justice in their own
hands.

Actually, what has not been expected and talked about is the possible revenge of
the Ilonggo families who lost their relatives in the November 23, 2009 infamous
massacre in Ampatuan town.

The Ilonggo victims in that most-brutal-ever massacre are reporters and the two
lady lawyers.

Lest, no one should forget that during the height of Moro National Liberation
Front rebellion in the early 1970s, it was the Ilonggo group known as “Ilaga” that fought
toe-to-toe against the Moro fighters—in manner not far less brutal than the Ampatuan
massacre.

‘Rido’ system

Since time immemorial, everybody in Maguindanao and in the neighboring

provinces knows how Maguindanaoans seek justice for the death of a relative.

You can describe this system of justice as: BLOOD FOR BLOOD.

Maguindanao natives call it “rido”—a justice whereby a clan whose relative is

murdered will take revenge against the clan of the murderer. Usually, the victims of
revenge are the innocent relatives.

The original sinners feel now they have the better right to kill and they would now
plan to take lives from the other clan.

In many cases, “rido” is a never-ending story. Not even time can heal the
wounds.

In Tagalogs, they call this, “Ubusan ng lahi!” In Visayans, Cebuanos or Ilonggos,

they call this “Baslanay” or “Balusay.”

In other cases, the thought of “rido” actually discourages many not to start or it
will give meaning to the saying: “You reap what you sow.”

The bigger the clans are involved, the deadlier the “rido” becomes.

A look at any court in Maguindanao would show no cases of murder or homicide

involving the natives as the accused or the victims.

The families of the victim do not think of coming to court where justice wheels run
for five years to 15 years in full course before the judgment can be executed. It
becomes a talk of justice delayed justice denied.

And Maguindanaoans are not used to wait for justice.

This kind of “rido” is only about an ordinary killing.

Fact of massacre being extremely brutal

The story on “blood for blood” war is expected to be far different in the case of
the massacre of at least 57 women, children, lawyers and journalists in that bloody
carnage where Andal Jr. has been positively identified to be the one who directly gave
orders to kill anybody in sight.
 The degree of shock and the fact that it is unquestionably revolting to conscience
would drastically change the color of the game of “rido.”

Here, the brutality or savagery is historic, the number of victims is unequalled,

and the number of journalists killed in one incident has made the Philippines as the
world’s most dangerous place for journalist, beating Iraq by a far margin.

Everybody agrees, even if Andal Jr. is cut into pieces it is not enough as a justice
to the 57 innocent human beings whose bodies were mangled, assuming he is guilty.

Arrest of Ampatuan scion

The surrender or arrest of Andal Jr. to the authorities may have alleviated a bit
the outrage from both Muslim and Christian communities in Mindanao.

Definitely, this does not yet define what would be expected in the few more days
as the country runs up to the highly-anticipated 2010 elections, particularly the
gubernatorial race in Maguindanao.

However, indications have shown no simmering down of hatred.

During the inquest proceedings done by the Department of Justice at the airport
in General Santos City, the extreme outrage nearly broke out when Toto saw Andal Jr.
face to face.

Thanks to the cooler heads and the overwhelming presence of law enforcers, a
possible bloody revenge was averted.

The face of Andal Jr. showed a picture of a man who has not slept for days; his
eye bags were dark and deep.

The more outrage was fueled when he denied having a hand in the goriest-ever
massacre and pointed to the Moro Islamic Liberation Front (MILF) as the culprits.

MILF spokesman Eid Kabalu immediately debunked this claim, insisting that
MILF has no interest in local politics.

Andal Jr. has been unrepentant.

Fears of whitewash
or manipulation
 Given the kind of justice system the Philippines has for over 100 years, it is no
secret that it affords many opportunities for the accused to play around with.

In the case of Andal Jr., even if he is guilty, which is likely, it is possible that he
would make up a play to call in some of his men to own up the massacre in exchange
for money in order to free him from jail.

In the case of the late Mayor Honorato Galvez of San Ildefonso, Bulacan, his
bodyguards owned up the crimes and were the ones who were kept in jail while the
mayor was freed, in addition to the account of the police crime laboratory that the bullets
that killed the victims did not fit the gun of Galvez.

What happened to Galvez is not far to happen in the case of Andal Jr.

It has always been a practice of lawyers-operators to make a play conspiring with

the fiscals and the judge with the purpose of getting a court order to lessen liability or
acquit the accused.

And if there is apparent whitewash, the “blood for blood” backlash is inevitable.

With the vivid details of reports, photos and footages so far that have been
bombarded on the public, the witnesses mentioned by Father Jun Mercado as having
positively identified the Ampatuan son as the leader of the band, and the fact that the
provincial government backhoe was there, coupled with the coming of a witness who
was among those ordered to rape and brutally kill, and the fact that there have been no
other persons interested in killing the wife and sisters of Toto, his lady lawyers and the
27 journalists, it cannot be explained to the public how Andal Jr. can be declared
innocent-and why the gunmen were not arrested.

Conclusions

Given these considerations, anybody can just sigh to ask: (a) Will the present
justice system work? and (b) Will “blood-for-blood” justice erupt?

Additionally, the present justice system cannot work because no fiscal and judge
of Maguindanao would ever find probable cause and sentence the Ampatuans as guilty
of the world’s worst massacre of journalists.

Recommendation

To avoid the repeat of the goriest-ever massacre, the only option is to change the
system of justice.
 It is proposed that the country now adopts Hukuman ng Mamamayan, or the
Filipino-designed Jury System. This is to ensure that laws on crimes are implemented to
preclude the possibility of breeding and the molding again of criminals as worst as the
Ampatuan massacre killers, who were said to have used to killing ordinary
Maguindanao people for ten years that they developed the habit of fearless mass killing.

The Ampatuans are examples of warlords who have been treated as “babies” by
the administration of Gloria Macapagal Arroyo for delivering the needed votes where
Fernando Poe Jr. got zero and where her senatorial candidates were 12-0 winners.

The Hukuman ng Mamamayan is composed of two bodies: the Grand Jury and
the Trial Jury.

The Grand Jury shall be composed of ordinary folks whose names and faces
shall be hidden and they will be chosen by raffle from the voters’ list to exercise the
power to decide who shall be arrested, brought to court for trial, the power to jail bought
or threatened witnesses who refuse to testify until they agree to talk, the power to jail
arrogant or threatened policemen and other law enforcers until they agree to work as
detectives.

The Trial Jury shall be composed of ordinary folks whose names and faces shall
be hidden and chosen in the same manner. It will decide as to which claims are true
and which are false.

Tags: clan war, maguindanao massacre, ampatuan massacre, justice, maguindanao politics, rido
Prev: A BENEFIT CONCERT FOR THE TYPHOON VICTIMS AND TRIBUTE TO THE
VOLUNTEERS AND DONORS on November 24, 2009

http://ondoyrelief.multiply.com/journal/item/111

THE truth is that the culture of Maguindanao natives as to what kind of justice
should be meted out to the murderers is still prevailing among all Muslim Filipinos. The
justice practices are similar among the tribesmen in Lanao del Sur, Lanao del Norte,
Basilan, Sulu and Tawi-Tawi.

With this reality, can we expect that the victims will never take justice into their
hands?

Everybody in Cotabato agrees that the Mangudadatus of Maguindanao and

Sultan Kudarat are among the most civil, most peace-loving and most understanding to
the Christian neighbors and constituents.

One proof to this is: Pax Mangudadatu won three straight terms as governor of
Sultan Kudarat province despite the fact that he was running against Christian
opponents in a place where non-Muslim voters are only 25 percent. He then won the
lone congressional seat and his son also won handily.
 It is but natural for the voters to vote politicians who do no harm or who do more
good than harm.

With this reputation about the attitude and character of the Mangudadatus, can
they withstand the pressure of extreme grief and anger over the loss of their women
who have been insisted to have been raped before having been killed brutally in that
unforgettable November 23, 2009 massacre in Ampatuan, Maguindanao?

Only time and God or Allah can tell.

Buluan Vice-Mayor Toto Mangudadatu has been spewing outrage in all television
footages. He always stressed that Mayor Andal Ampatuan Jr. of Datu Unsay town and
the latter’s 100 armed goons must answer.

Toto has been consistent in telling the world that his eyewitnesses now in his
custody saw how his wife was raped, speared off of her private parts, shot on two boobs
and the private part, and fired upon point-blank on her face.

He is also consistent in insisting that his two sisters, both pregnant, also suffered
the fate of his wife.

What is more, Toto’s outrage has been fueled further by his moral obligation to at
least 27 media persons whom he invited to accompany his wife and his two lady
lawyers in filing his certificate of candidacy for the governorship of Maguindanao.

He cannot back out from this obligation to the people other than his relatives
because it was his desire to run for governor, represented by a piece of paper, that cost
their lives.

Pax, considered as the patriarch of the Mangudadatus, has strictly ordered his
relatives not to start a bloody revenge and give the justice system a chance.

The present governor of Sultan Kudarat, a neighbor province of Maguindanao, is

Teng Mangudadatu, a son of Pax and a cousin of Toto.

But the killing is, unarguably, too extreme to resist to take justice in their own
hands.

Actually, what has not been expected and talked about is the possible revenge of
the Ilonggo families who lost their relatives in the November 23, 2009 infamous
massacre in Ampatuan town.

The Ilonggo victims in that most-brutal-ever massacre are reporters and the two
lady lawyers.

Lest, no one should forget that during the height of Moro National Liberation
Front rebellion in the early 1970s, it was the Ilonggo group known as “Ilaga” that fought
toe-to-toe against the Moro fighters—in manner not far less brutal than the Ampatuan
massacre.

‘Rido’ system

Since time immemorial, everybody in Maguindanao and in the neighboring

provinces knows how Maguindanaoans seek justice for the death of a relative.

You can describe this system of justice as: BLOOD FOR BLOOD.

Maguindanao natives call it “rido”—a justice whereby a clan whose relative is

murdered will take revenge against the clan of the murderer. Usually, the victims of
revenge are the innocent relatives.

The original sinners feel now they have the better right to kill and they would now
plan to take lives from the other clan.

In many cases, “rido” is a never-ending story. Not even time can heal the
wounds.

In Tagalogs, they call this, “Ubusan ng lahi!” In Visayans, Cebuanos or Ilonggos,

they call this “Baslanay” or “Balusay.”

In other cases, the thought of “rido” actually discourages many not to start or it
will give meaning to the saying: “You reap what you sow.”

The bigger the clans are involved, the deadlier the “rido” becomes.

A look at any court in Maguindanao would show no cases of murder or homicide

involving the natives as the accused or the victims.

The families of the victim do not think of coming to court where justice wheels run
for five years to 15 years in full course before the judgment can be executed. It
becomes a talk of justice delayed justice denied.

And Maguindanaoans are not used to wait for justice.

This kind of “rido” is only about an ordinary killing.

Fact of massacre being extremely brutal

The story on “blood for blood” war is expected to be far different in the case of
the massacre of at least 57 women, children, lawyers and journalists in that bloody
carnage where Andal Jr. has been positively identified to be the one who directly gave
orders to kill anybody in sight.
 The degree of shock and the fact that it is unquestionably revolting to conscience
would drastically change the color of the game of “rido.”

Here, the brutality or savagery is historic, the number of victims is unequalled,

and the number of journalists killed in one incident has made the Philippines as the
world’s most dangerous place for journalist, beating Iraq by a far margin.

Everybody agrees, even if Andal Jr. is cut into pieces it is not enough as a justice
to the 57 innocent human beings whose bodies were mangled, assuming he is guilty.

Arrest of Ampatuan scion

The surrender or arrest of Andal Jr. to the authorities may have alleviated a bit
the outrage from both Muslim and Christian communities in Mindanao.

Definitely, this does not yet define what would be expected in the few more days
as the country runs up to the highly-anticipated 2010 elections, particularly the
gubernatorial race in Maguindanao.

However, indications have shown no simmering down of hatred.

During the inquest proceedings done by the Department of Justice at the airport
in General Santos City, the extreme outrage nearly broke out when Toto saw Andal Jr.
face to face.

Thanks to the cooler heads and the overwhelming presence of law enforcers, a
possible bloody revenge was averted.

The face of Andal Jr. showed a picture of a man who has not slept for days; his
eye bags were dark and deep.

The more outrage was fueled when he denied having a hand in the goriest-ever
massacre and pointed to the Moro Islamic Liberation Front (MILF) as the culprits.

MILF spokesman Eid Kabalu immediately debunked this claim, insisting that
MILF has no interest in local politics.

Andal Jr. has been unrepentant.

Fears of whitewash
or manipulation
 Given the kind of justice system the Philippines has for over 100 years, it is no
secret that it affords many opportunities for the accused to play around with.

In the case of Andal Jr., even if he is guilty, which is likely, it is possible that he
would make up a play to call in some of his men to own up the massacre in exchange
for money in order to free him from jail.

In the case of the late Mayor Honorato Galvez of San Ildefonso, Bulacan, his
bodyguards owned up the crimes and were the ones who were kept in jail while the
mayor was freed, in addition to the account of the police crime laboratory that the bullets
that killed the victims did not fit the gun of Galvez.

What happened to Galvez is not far to happen in the case of Andal Jr.

It has always been a practice of lawyers-operators to make a play conspiring with

the fiscals and the judge with the purpose of getting a court order to lessen liability or
acquit the accused.

And if there is apparent whitewash, the “blood for blood” backlash is inevitable.

With the vivid details of reports, photos and footages so far that have been
bombarded on the public, the witnesses mentioned by Father Jun Mercado as having
positively identified the Ampatuan son as the leader of the band, and the fact that the
provincial government backhoe was there, coupled with the coming of a witness who
was among those ordered to rape and brutally kill, and the fact that there have been no
other persons interested in killing the wife and sisters of Toto, his lady lawyers and the
27 journalists, it cannot be explained to the public how Andal Jr. can be declared
innocent-and why the gunmen were not arrested.

Conclusions

Given these considerations, anybody can just sigh to ask: (a) Will the present
justice system work? and (b) Will “blood-for-blood” justice erupt?

Additionally, the present justice system cannot work because no fiscal and judge
of Maguindanao would ever find probable cause and sentence the Ampatuans as guilty
of the world’s worst massacre of journalists.

Recommendation

To avoid the repeat of the goriest-ever massacre, the only option is to change the
system of justice.
 It is proposed that the country now adopts Hukuman ng Mamamayan, or the
Filipino-designed Jury System. This is to ensure that laws on crimes are implemented to
preclude the possibility of breeding and the molding again of criminals as worst as the
Ampatuan massacre killers, who were said to have used to killing ordinary
Maguindanao people for ten years that they developed the habit of fearless mass killing.

The Ampatuans are examples of warlords who have been treated as “babies” by
the administration of Gloria Macapagal Arroyo for delivering the needed votes where
Fernando Poe Jr. got zero and where her senatorial candidates were 12-0 winners.

The Hukuman ng Mamamayan is composed of two bodies: the Grand Jury and
the Trial Jury.

The Grand Jury shall be composed of ordinary folks whose names and faces
shall be hidden and they will be chosen by raffle from the voters’ list to exercise the
power to decide who shall be arrested, brought to court for trial, the power to jail bought
or threatened witnesses who refuse to testify until they agree to talk, the power to jail
arrogant or threatened policemen and other law enforcers until they agree to work as
detectives.

The Trial Jury shall be composed of ordinary folks whose names and faces shall
be hidden and chosen in the same manner. It will decide as to which claims are true
and which are false.
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Large

Inbox World Inbox FAQ

Do you expect a fair
trial of the What is Inbox?
It is a feedback section that is published in The Philippine STAR to give print reader
Ampatuan multiple
views on the raging issues of the day. In print, readers send their answers via their m
murder case?
Messaging Service (SMS) or text messages. Hence, the restriction on the length of th
(philstar.com) Updated
January 19, 2010 12:00
Through philstar.com, we are allowing online readers, specially those based overse
AM
discussion of local issues. Their answers will also be printed in the newspaper.

When can I read my answer online and when is it going to be published in prin
Rodolfo Talledo, Generally, two to three days after posting. Your answers will be posted on the same
Angeles City: Public STAR. We cannot give you an exact date of publication. Please monitor the Inbox s
interest is focused on
this particular case and Why do I need to put my name and address?
the court won’t be The STAR and philstar.com want to give space to readers who want their views pu
intimidated to surrender and address. If you want to publish your views anonymously, you can participate in
its inherent character to section. For people who want to contribute full-length articles, we offer the Reader's
dispense justice fairly. philstar.com, we strive to provide all avenues to give you a chance to participate in
Jim Veneracion, Naga to the Filipino global community.
City: A fair trial can be
expected from Judge Why do I need to be a subscriber of philstar.com to answer the Inbox question?
Jocelyn Reyes. But this This service is a premium service we give to subscribers of philstar.com. Our regist
early, government’s
machinations and I had experienced difficulty in registering on the site. What can I do?
manipulations are in the We apologize for the technical errors of the registration process in the first few days
works again for a case new site. Please register again. If you have any questions, please e-mail our technica
whitewash. pernitaedar@philstar.com.
A fair trial is too More Inbox World
much to expect ›Is it time for boxing superstar Manny Pacquiao to hang his gloves?

Ignacio Anacta, Metro ›At this point, have you already made your mind up as to your choice of president?
Manila: A fair trial in
our present justice ›What can you say about Manny Pacquiao's latest performance?
system is more of a
dream than a reality, ›Are you actively campaigning for a particular candidate? Why or why not?
especially if our First
Family is involved, no ›Do you harbor any doubt on President Arroyo's assurance of a smooth turnover of p
matter how remotely. ends?
 ›Are you actively campaigning for a particular candidate? Why or why not?
Just the allegation alone
that she was coddling ›What can you say about rumors of a grand conspiracy to manipulate the results of t
the Ampatuans, who
are said to have ›Will Manny Pacquiao knock out Joshua Clottey in their upcoming welterweight bo
“assisted” her
immensely in winning ›What do you think of the church's vehement opposition to all forms of contraceptio
the presidency in 2004,
is enough to put her ›Who do you believe has the best economic platform among the presidential bets?
into shame.
Unfortunately for us ›After 'Ondoy' and 'Pepeng', do you believe that most Filipinos now know better abo
Filipinos, most of our the environment?
political leaders have ›What is your eulogy for President Corazon Aquino?
lost their delicadeza. So
help us God! ›What rating would you give President Arroyo's July 27 SONA?
Chris Navarro, Las
Piñas City: Since when Inbox World archives
has a fair trial happened
in the Philippines?
Ruel Bautista, Lagun:
I’ve grown old and lost
most of my hair, but
I’m willing to bet
what’s remaining of it
that justice won’t be
served.
Ed Ledesma, Iloilo
City: I most certainly
do, although expecting
a fair trial and actually
having one could be
two entirely different
things in this country.
Ricardo Tolentino,
Laoag City: In our
country, there is no
such thing as a fair trial,
especially a case like
that of the Ampatuans.
Intimidation, threats,
and bribery will decide
the outcome.
Yes, if at all possible
Felix Ramento, USA:
Yes, and as Bongbong
Marcos has suggested,
if a marathon trial is
possible, so be it. By
slaying the monster
herself, PGMA could
bring her government
to a climactic end.
Depends on the judge
Rhomar Cabrales,
Narvacan, Ilocos Sur:
It depends on the judge.
If she will not accept
any amount of money
from the Ampatuan
family, I would expect
a fair trial.
Myle Alexis Chua,
Cabanatuan City: I
expect that there will be
a fair trial with Judge
Jocelyn Solis Reyes.
Let’s hope that justice
will be served.
Rudy Tagimacruz,
Malaybalay City,
Bukidnon: Our justice
system may be flawed,
but most of those at its
helm are objective and
fair jurists.
Fortunato Aguirre,
Bulacan: Judge Solis
Reyes has guts, unlike
the chicken male judge
who cowered in fear. I
believe she can deliver
a fair trial sans fear.
The government must
secure her safety.
Ryan Pahimulin,
Rizal: Yes, the judge
appears to be a person
of integrity and probity.

Gil Balajadia,
Northern Samar: I
have no doubt Judge
Reyes was fair when
handling low-profile
cases, how much more
this high-profile case of
the Ampatuans?
Pedro Alagano Sr.,
Vigan City: Yes, the
sensationalism of the
case is an ingredient to
rule the case fair and
square based on the
pieces of evidence at
hand. Long live the
judge!
Lincoln Alagad,
Parañaque City: We
are not Nostradamus. A
fair trial will depend on
the judge and jury.
Maricel Maralit, Naga
City: With Judge
Jocelyn Solis-Reyes
presiding over the case,
I believe that there will
be a fair trial. The
guilty must be
punished; the victims
must get justice.
There should be
justice
Johann Lucas,
Quezon City: Yes,
because the law applies
to all, otherwise none at
all.
Lucas Banzon
Madamba II, USA:
There should be a fair
trial of the Ampatuan
multiple murder case.
There should be due
process of law. If the
evidence is strong
enough, then the
accused must face the
consequences of his
actions.
Manny Cordeta,
Marikina City: From
the start, I’ve expected
all parties to get a fair
deal. Judge Jocelyn
Solis-Reyes’ demeanor
has all the more
strengthened my belief.
She is staying true to
her sworn oath to
uphold her profession
with nary a bit of
mental reservation, but
with much courage and
conviction,
notwithstanding the
background of the
accused perpetrators.
Meanwhile, I join the
local and international
human rights advocates
in wishing the
prosecution panel
success in its goal of
arriving at an error-free
decision, that swift
justice be served
deliberately at the
earliest time possible.
Erwin Espinoza,
Pangasinan: Let’s be
optimistic. Let’s just
hope that Andal
Ampatuan would be
meted 57 times seven
years in jail without
pardon for the heinous
crime.
Nestor Buñag,
Mandaluyong City:
Already, a trial by
publicity has taken
place. With evidence so
strong and a most
sinister lifestyle
discovered, no one
sensible would buy a
decision favoring the
Ampatuans.
Not with PGMA
around
Elpidio Que, Vigan: A
fair trial of the
Ampatuan multiple
murder case is not
believed to happen until
probably after May
2010. The Ampatuans,
as GMA’s mouthpiece
let slip, are GMA’s
friends despite their
being the principal
suspects in the carnage.
FPJ, an idol of the
Muslims, got a zero in
these warlords’ domain
and this helped GMA
climb to power. The
enraging unremorseful
behavior of this mad
dog in the custody of
NBI agents suggests
that she is only feigning
anger on the gruesome
massacre. In the first
place, who would
believe that she did not
know of the arms and
ammo caches with
government markings
unearthed in her
friends’ domain?
Rose Leobrera,
Manila: As long as
PGMA is around, we
cannot expect anything.
Her money will move
the case in favor of the
Ampatuans so she
herself will be
protected from
indictment. Her alalays
must be crawling in the
dark to save the
Ampatuans. Money
will still talk, but for
now, I trust the judge
handling this case.
C.K. Yeo, Iloilo City:
If the Supreme Court
can’t even be trusted in
making fair decisions,
how much less a lower
court? It will depend
much on the whims of
Pres. Arroyo.
Justine Godines, Iloilo
City: No, PGMA owes
the Ampatuans big
time. Hence, Judge
Solis Reyes will be
pressured to acquit all
the suspects with
former Justice
Secretary Raul
Gonzalez ghostwriting
the decision finding
that the 57 victims
committed mass
suicide.
Yes, the whole world
is watching
Rey Onate, Palayan
City: The world is
closely watching. On
the shoulders of the
presiding judge rests
the credibility of our
justice system and our
democracy. Go, go, go
Judge Jocelyn!
Ric Vergara, Calamba
City: Yes, because the
world is watching us.
Magiging sobrang
kahiya-hiya tayo.
Miguelito Herrera,
Cabanatuan City:
Yes, I expect a fair trial
since the whole world
is watching and waiting
for an immediate
resolution to this case.
We can expect delaying
tactics from the
defense, as usual.
Ella Arenas,
Pangasinan: Yes,
because there is strong
evidence and there are
plenty of witnesses.
Besides, it’s a very
sensational case given
its extreme nature. With
the involvement of the
media whose members
on duty were
mercilessly killed, a fair
trial is bound to be
religiously observed.
L.C. Fiel, Quezon
City: We don’t just
expect, but we demand
a fair trial, especially
because the world is
keenly watching the
case, having been
shocked by the
gruesome murders of
helpless women and a
large number of media
practitioners.
Ernesto Oliquiano,
Las Piñas City: Yes, I
believe so. With the
local and international
media watching the
proceedings, I am quite
sure Judge Solis-Reyes
would not risk her
reputation and will
surely decide this case
based on its merits.
Let’s just hope for a
speedy trial so that this
case will be resolved
immediately for the
benefit of both the
accused and the
aggrieved parties.
A test case for RP
justice
Alexander Raquepo,
Ilocos Sur: I am
hoping and praying that
we can show the world
that justice is served in
the Philippines.
Whether we like it or
not, this case will
become a “mirror” for
our country in the
management and
application of our
justice system. On the
other hand, other cases,
big or small, should not
be sidelined and must
also be given due
attention and process.
Armando Tavera, Las
Piñas City: This is
going to be an acid test
on the judge handling
of the case. The verdict
will see how our justice
system is working in
this country.
The nation has been
vigilant
Rossini Ann Torres,
Cabanatuan City:
Yes, if and only if the
public won’t take their
eyes off the case.
Louella Brown,
Baguio City: I expect a
fair trial of the
Ampatuan multiple
murder case. The
Filipino nation has been
vigilant from the start
and it will be so until
conviction.
Col. Ben Paguirigan
Jr., Ret., Zamboanga
City: Every Pinoy
wants a fair and speedy
trial, save for the
Ampatuan fanatics, so
heirs of the massacre
victims will get justice.

Yes, with the help of

media
June Deoferio, Cavite:
I think so, because that
crime was one of most
heinous crimes to
happen in our country.
With the help of the
media it will be a fair
trial and justice will be
had for all the victims.
Gerii Calupitan,
Muntinlupa City: Yes,
as long as the media
keeps its vigilance over
this case, due to the
glaring fact that Mayor
Andal Ampatuan Jr. is
obviously guilty as hell.
The saying, “The pen is
mightier than the
sword” will be proven
true once more.
PGMA’s government is
caught in a quandary
and must remain
impartial or it will be
accused of coddling
warlords with private
armies.
Let’s trust our
judicial system
Leonard Villa, Batac
City: Yes, I trust our
judicial system. The
Filipino people and the
whole world will
condemn any move for
a whitewash.
Joe Nacilla, Las Piñas
City: It remains to be
seen. I wish the court
would be fair enough to
give Ampatuan a final
verdict of “guilty
beyond reasonable
doubt”. Since this will
be a tedious process,
the probability of
merry-go-round actions
of both the prosecution
and the defense can be
seen this early. Let’s
trust the courts. Ruben
Viray, Antipolo City
No judge in his or her
right mind would
manipulate the decision
to favor people
involved in this highly
inhumane crime; thus, a
fair trial of the
Ampatuan murder case
can be expected.
However, the problem
is the time to finish the
trial and render a
decision. This is
because lawyers who
serve as the judiciary’s
first line of defense will
rack up billable hours
by delaying the case
and dragging out
proceedings, giving
false hope to their
clients.
C.B. Manalastas,
Manila: Yes, let’s trust
our judicial system.
Lydia Reyes, Bataan:
Yes, I expect a fair
trial. I have full trust in
Judge Jocelyn Solis
Reyes.
Gody Macasantos,
Metro Manila: Yes. If
we cannot trust our
present criminal justice
system, we might as
well call in the death
squad.
Germi Sison,
Cabanatuan City:
Atty. Fortun is
employing every alibi
to defend and save his
client but to no avail.
Even the best lawyers
in the country cannot
disprove the credibility
of the evidence
gathered and
testimonies of
witnesses proving the
massacre was the
handiwork of the
Ampatuans. It is
unlikely the prosecutors
and the judge will
succumb to the glitter
of gold or intimidation
of any threat. The 40 or
so lawyers hired by the
Ampatuans to have
them acquitted will fail
as the proceedings of
the multiple murder
case will remain fair
from start to finish.
Romeo Caubat,
Masbate: Yes, because
I have complete trust in
our justice system,
more so that the eyes of
the world are focused
on us at this juncture.
Yes, if the government
does its job
Cris Rivera, Rizal: It
will be fair if our
government, the
justices in particular,
will uphold what is
lawful and won’t bow
their heads to the high
and mighty.
Jimmy Donton,
Puerto Princesa City:
In principle, I expect a
fair trial; however, with
the caliber of the
defense lawyers, I just
hope that government
prosecutors handling
the case can deliver so
much to convince the
court that Ampatuan is
guilty beyond
reasonable doubt to
render justice to
helpless victims of the
massacre in
Maguindanao.
What is a fair trial?
Ishmael Calata,
Parañaque City: First,
what is our
understanding of a fair
trial? I am not a lawyer
and I can only talk
about what is not. A
fair trial, to me, is not a
kangaroo court, where a
person is already
condemned even before
due process. It is not
something that is pre-
judged as favoring the
accused because of
some consideration,
which is unfair to the
people of the State,
especially to the
aggrieved. This is what
some people now
believe about the
Ampatuan multiple
murder case because of
the wealth the
Ampatuans. After
everything is done
fairly in court, it
becomes unfair when
after all the evidence
clearly and
overwhelmingly points
to the guilt of the
accused, they will go
free because of
connection and money!
But, in the face of
speculations, I believe
that the trial will be a
fair one and the
judgment will be in
accordance with the
evidence that will be
presented.
Leandro Tolentino,
Batangas City: With a
gutsy judge hearing the
case, a fair trial is
expected; but with
women and mediamen
as the victims, media
coverage on the trial
could be biased.
Lolong Rejano,
Marinduque: What
trial? Under the Arroyo
regime, trials are not
fair and justice is a
lonely word. Look at
what happened to the
Joc-Joc Bolante case,
where he was acquitted
of plunder based on a
technicality. There are
lots of deceptions and
flaws in our justice
system that should be
reviewed by the
remaining few in the
judiciary. The people in
the judiciary should
also be liable for such
fabricated
technicalities, like what
happened in Joc-Joc’s
case. Where do people
go to seek justice if we
do not trust them
anymore?
Only the moneyed can
get a fair trial
J.R. Mondonedo Jr.,
Parañaque City: In
this country, if you
have money, like the
Ampatuans, you can get
a fair trial. But if you
don’t have money to
spend on good lawyers
and you’re just
assigned a public
attorney, you may as
well kiss your ass
goodbye.
Renato Taylan, Ilocos
Norte: With the
Ampatuans’ vast
wealth, they can afford
to hire the best lawyers
in town to even expect
a fairer trial of their
cases.
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editorial position of
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publish false
information and may
not be held liable for
the views of readers
exercising their right to
free expression. The
publication also
reserves the right to
edit contributions to
this section as it sees
fit.
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Justice for Maguindanao massacre dims as Martial Law in

Maguindanao continues- Maza
Press Release Posted on December 10th, 2009.

For Reference:

For Reference: REP. LIZA LARGOZA MAZA 0920-9134540

Francis Uyanguren (Public Information Officer) 0915-9329407
In commemoration of the December 10 International Human Rights Day, Rep. Liza Maza of
Gabriela and Makabayan Senatorial candidate today expressed support to the nationwide protest
against Arroyo’s dubious declaration of Martial law in Maguindanao through Proclamation No.
1959 and the resounding call for justice for all victims of unbridled cases of human rights
violations.

“The declaration of Martial law in Maguindanao only fans the flames of violence and state
terrorism of the Arroyo government. This is President Arroyo’s trial balloon for her plot to
continue holding on to power beyond 2010,” Maza said.

Maza also cited KARAPATAN’s report on the human rights situation in the Philippines that
showed the bloody record of the Arroyo government in its almost nine years of rule that has
wrought 1,118 documented victims of extrajudicial killings, 1026 victims of torture, 204 victims
of enforced disappearance and over a thousand victims of forcible evacuation and displacement
due to military operations in the rural areas.
“How can we expect this present administration to seriously address this case if it has not solved
a single case of over a thousand extrajudicial killings since 2001?” Maza said.
Maza expressed fears of possible whitewash on the Maguindanao massacre as authorities have
painted a nonsensical picture depicting the monstrous crimes of murder, torture, rape and sexual
assault to women victims as mere “rebellion”.

“Justice for the 57 victims of the brutal killings dims as days pass with Martial law in
Maguindanao still in place. With her unspeakable track record, she will absolutely use this
occasion to further her self-seeking agenda at the expense of the Filipino people,” Maza stressed.

As the historic joint session of Congress continues, Maza called on all concerned Filipinos to
appeal to their Congresspersons and Senators to revoke Proclamation 1959. “At this time when
our civil liberties and fundamental freedoms are at stake, we should altogether rise up versus the
Arroyo administration that has spawned all these injustice and crimes against the Filipino people.
Allowing Arroyo’s Martial law to continue will be her very vehicle to perpetuate to power
beyond 2010,” Maza said.
http://www.gabrielawomensparty.net/news/press-releases/justice-maguindanao-massacre-dims-
martial-law-maguindanao-continues-maza

Arroyo, Ampatuans, giving rebellion a bad name

Date:
9 December 2009
Reference Person:
Elmer "Bong" Labog, KMU Chairperson
Contact information:
0929-629-3234
They’re giving rebellion a bad name.
This was the reaction of labor center Kilusang Mayo Uno upon hearing that seven members of
the Ampatuan political clan, including clan patriarch Gov. Andal Ampatuan, Sr., will be charged
with rebellion, saying those who have fought for the downfall of the regimeare being maligned
with the move.
“This move is despicable not only because it will pave the way for the acquittal of the
Ampatuans. This is also despicable because it gives rebellion a bad name. Genuine rebels are not
mass murderers. Likewise, mass murderes are not rebels,” said Elmer Bong Labog, KMU
chairperson.
The labor group cited the Supreme Court’s Amado V. Hernandez Doctrine, which was named
after the nationalist writer. In 1956, the SC ruled that a person who commits a political offense
could be charged with rebellion but not with common crimes such as murder, arson, among
others. The charge of rebellion would subsume these crimes.
“Ka Amado must be turning in his grave right now. He and his comrades fought that he be
charged with rebellion, not with ordinary crimes. And that is the correct thing to do. To save the
Ampatuans, however, the Arroyo regime charged them with rebellion, instead of murder. That,
simply, is not the right thing to do,” Labog said.
The labor leader also said that filing a case of rebellion against the Ampatuans are sending the
wrong message to the public, especially the children and youth.
“What are we teaching them? That rebels kill more than 60 people to win an elections? That they
kill journalists and ordinary civilians? That they are chummy with the Arroyos? That they enjoy
special treatment from the government despite committing crimes? These impressions are cruel
and are farthest from the truth,” Labog said.
“The main weapons of rebels are ideas, not guns. Their main campaigns are education, not
extermination. Their main targets are those who exploit and oppress, not those who are innocent
and are doing their jobs as journalists. Their goal is to distribute wealth and power to the workers
and people, not to keep these for themselves,” he added.
“To save a political ally, the Arroyo regime is not only making a fool out of the Filipino workers
and people. It is not only showing that the judicial system in the country is biased for the
powerful, wealthy and with connections in the regime. It is also bastardizing a badge of honor for
those who are charged with it,” Labog concluded.
KMU also said that while progresive groups have always asserted that political prisoners be
charged with rebellion, the government has insisted on charging them with ordinary crimes.
“Why is it that when we assert that political prisoners be charged with rebellion instead of
ordinary crimes, the government makes it difficult for us to get what we want? Why is it that the
Ampatuans, who are the object of public outrage for masterminding a clear case of mass murder,
are being charged with rebellion that easily?” asked Labog. #

http://www.kilusangmayouno.org/news/2009/12/release-arroyo-ampatuans-giving-rebellion-bad-
name

Massacre in Maguindanao: the Ampatuan clan suspected of 200 more

murders
Reported by the National Commission on Human Rights. The bodies
were buried in mass graves scattered in different areas of the province.
Witnesses have not reported crimes for "fear of retaliation." Those
arrested will have to respond to charges of rebellion and murder.

Manila (AsiaNews / Agencies) – The Muslim clan accused of the massacre of 23 November in
the province of Maguindanao in the southern Philippines, are believed to be responsible for 200
other homicides. This according to the National Commission for Human Rights, which has
denounced that the discovery of several mass graves in areas controlled by Ampatuan.
Leila de Lima, President of the Commission confirms "at least 200" politically motivated
assassinations linked to the Ampatuan clan, a political ally of Philippine President Gloria
Macapagal-Arroyo and power in the province since 2001.
The bodies are buried in several mass graves, scattered in the province of Maguindanao. The
cases have emerged only now, following the arrest of Andalo Ampatuan Jr. - son of the powerful
local governor - because witnesses did not report them "for fear of retaliation."
Among the 57 civilians killed in the attack on 23 November were relatives and supporters of
Ishmael "Toto" Mangudadatu, vice-mayor of Buluan and candidate for governor of
Maguindanao, of which 26 are women and 32 journalists. The police reports that "161 people are
suspected of having taken part in the massacre.
Under the martial law in force in the province, the police have arrested 62 people, including clan
leader Andalo Ampatuan Sr. Those arrested will have to answer to charges of rebellion and
murder.
The Ampatuan family, with the government approval, set up its own army and ruled
unchallenged for years in the province. It was a decision made by Manila in an attempt to contain
the rebellions of Muslim separatists.
Following the massacre, Arroyo has removed all agreement with the clan: the Maguindanao
province is under martial law and the Ampatuan face charges of rebellion.
Manila (AsiaNews / Agencies) - Andalo Ampatuan Jr., the alleged author of the massacre in
Maguindanao which killed 57 people, has been indicted on charges of multiple murder. This is
confirmed by the investigators who made the charge based on the evidence gathered in
investigations.
At least 10 people have reported seeing the mayor of Datu Unsay, son of the provincial governor,
head the commando that on 23 November last killed relatives and supporters of Ishmael "Toto"
Mangudadatu. He is a political rival of the Ampatuan family and intends to run for governor's
chair in Maguindanao, a province in southern Philippines.
In the days following the massacre Andalo Ampatuan Jr., a political ally of Philippine President
Gloria Macapagal-Arroyo, had surrendered to the police, but had denied all charges. He is being
charged with 25 murders.
Prosecutors have entered him in the register of suspects before a court in Cotabato City,
responsible for the area, the prosecution sources report that, for security reasons, the trial will be
held in Manila. 20 other suspects, including prominent Ampatuan police officials - town where
the massacre took place - are still in jail and under investigation.
http://www.asianews.it/news-en/Massacre-in-Maguindanao:-Andale-Ampatuan-Jr.-accused-of-
multiple-homicide-17005.html

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21 journalists killed in Philippines massacre

Paul Woodward, Online Correspondent
• Last Updated: November 26. 2009 9:10AM UAE / November 26. 2009 5:10AM
GMT
In the Philippines, a massacre in which at least 57 people were killed, including 21 journalists,
was unprecedented even by Philippine standards of political violence, as Karl Wilson noted in
The National.

"From Abra in the far north to Mindanao in the south, the political landscape of the Philippines is
dominated by family dynasties that have ruled their particular area of influence for decades like
feudal landlords through violence, fear and intimidation. They rule with impunity, knowing
national political leaders rely on them for support and votes. Political rivals are usually dealt with
through the barrel of a gun rather than the election box.

"The political dynasties have amassed vast wealth, businesses and influence in a country of 90
million people where more than half live on less than US$2 (Dh7.3) a day."

Roy Greenslade said: "It is now reported that 21 journalists were killed in the massacre that took
place in the Philippines' southern province of Maguindanao on Monday.

"The Manila-based Centre for Media Freedom and Responsibility (CMFR) told the International
Press Institute that a total of 34 journalists are believed to have been part of a convoy that was
ambushed by over 100 gunmen at a police checkpoint.
"The convoy was travelling to file candidacy papers for gubernatorial candidate and local mayor
Esmael Mangudadatu. He was not on board the convoy."

The Christian Science Monitor reported: "Nothing is yet proven, but survivors of the attack,
national politicians, and police officials all say the likely perpetrators were loyalists of Andal
Ampatuan, a former provincial governor who has used his private army to control politics in the
province for a decade. Mr Ampatuan was term-limited out of the governorship this year. In his
three election campaigns, no local politician dared to run against him.

"His son, Andal Jr, was gearing up for a similarly unopposed run to replace his father. But
Ismael Mangudadatu, a former ally of the Ampatuans, had other ideas. On Monday morning, he
dispatched a convoy of cars (mostly women and journalists, on the theory that would afford
some protection against attack) to file papers in the provincial capital Shariff Aguak to run
against the younger Ampatuan. Mr Mangudadatu remained at home.

"The people in the convoy never made it. Instead, they were waylaid when they came to
Ampatuan (the clan's stronghold), dragged from their cars, and summarily executed."

The Telegraph said: "Mangudadatu said on Wednesday that he had sent his wife, two sisters and
aunt, along with other women, to register his nomination because he had been given warning that
it was too dangerous for him to do it himself.

" 'We sent women because in the Muslim culture you don't hurt women,' he said.

" 'My youngest sister was five months' pregnant, while my aunt was into her sixth month of
pregnancy.'

"All of his relatives in the convoy were killed, along with two female lawyers and at least 13
journalists, according to police.

"Mangudadatu gave a sickening description of his wife's fate."

The New York Times reported: "Using a backhoe, the authorities on Wednesday unearthed two
vehicles they said had been crushed and torn apart by a bulldozer found on the site, which the
police said belonged to the government of Maguindanao Province here...

"One of the crumpled vehicles belonged to UNTV, a Philippine television network whose crew
members were among the journalists killed. Pages of blood-smeared newspapers swirled around
the recovery site Wednesday, some becoming stuck in the grass. Victims' belongings were
scattered on the ground - sandals, a purse, a wristwatch, a shawl, a coin purse, press cards.

" 'They planned this very well,' said a police superintendent, Felicisimo Khu, who was
overseeing the retrieval operations Wednesday. He said the victims were stopped along the
highway in Ampatuan and driven toward the hilltop along a rough dirt road. The men were then
separated from the women, and the victims were all shot at point-blank range. He said the
vehicles were buried on one side of the hill, the bodies on the other."
Virginia M Moncrieff wrote in The Huffington Post: "Members of the Ampatuan clan - political
allies of President Gloria Macapagal Arroyo (GMA) - were seen and readily identified as being
in the gang that hijacked the Mangudadatus convoy. The son of the governor was in the attack
gang, as was the local mayor.

"Pushing aside her allegiance to the Ampatuan clan, President Arroyo has ordered the
'immediate, relentless pursuit' of the killers.

"The deadly rivalry of the Mangudadatu and Ampatuan clans may overshadow another shocking
aspect of this Shakespearian tale. The Philippines is one of the most unsafe places in the world to
be a journalist - and certainly the most unsafe country that's not embroiled in an all out war."

According to the International Federation of Journalists, the Philippines now surpasses Iraq as
being the most dangerous place in the world for journalists. While 74 journalists have been killed
over the last eight years, there have been only four convictions for crimes against media workers.

Ramon Tulfo, writing for the Philippine Daily Inquirer said: "A Malacañang [presidential
palace] insider told me that President Gloria hemmed and hawed hours after she was informed
about the massacre in Maguindanao, instead of ordering the arrest of the Ampatuans.

"As a result, the Ampatuans - Zaldy, governor of the Autonomous Region of Muslim Mindanao
(ARMM), and his father, Maguindanao Gov Andal Sr - the alleged masterminds in the dastardly
massacre can no longer be arrested without a court warrant since the prescribed 24-hour period
had lapsed.

"The President was told the Ampatuans could have been responsible for the massacre by one of
the Mangudadatus, their political enemies, according to my Palace informant.

"After receiving the information about the massacre, GMA talked with Gov Andal Ampatuan Sr,
who denied masterminding the massacre.

"The President, according to the Malacañang insider, told Ampatuan she was sending
investigators to Maguindanao.

"She could have told Ampatuan that he would have to surrender because there were witnesses
linking him and his relatives to the dastardly act.

"But GMA didn't do that because the Ampatuans are her very close political allies in
Maguindanao."

http://www.thenational.ae/apps/pbcs.dll/article?
AID=/20091126/GLOBALBRIEFING/911269991/1009/ART?template=globalbriefing

Philippines: Protect Witnesses to Maguindanao Massacre

Datum nieuwsfeit: 08-03-2010

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Bron: Human Rights Watch

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Human Rights Watch

Philippines: Protect Witnesses to Maguindanao Massacre

Two Relatives of Witnesses Killed; Many Suspects

Remain at Large

March 8, 2010

Related Materials:

"You Can Die Any Time"

Scared Silent
Witnesses won't come forward if there is a
`second Maguindanao
massacre' of witnesses and their families.

Elaine Pearson, deputy Asia director at Human Rights

Watch

(New York) - Philippine authorities should act

swiftly to protect
eyewitnesses to the November 2009 massacre of at
least 57 people in
Maguindanao province on Mindanao, and to protect
their families as
well, Human Rights Watch said today.

Concerns for the safety of witnesses are

highlighted by the killings
of two relatives of witnesses and the shooting of a
third; the large
number of police, military, and paramilitary
personnel implicated in
the massacre who remain at large; and lax security
measures that
allowed one suspect to escape detention, Human
Rights Watch said.

"Witnesses won't come forward if there is a `second

Maguindanao
massacre' of witnesses and their families," said
Elaine Pearson,
deputy Asia director at Human Rights Watch. "The
government needs to
act quickly to protect witnesses and their
relatives, and to arrest
and securely detain the remaining suspects."

On November 23, 2009, in the town of Ampatuan,

Maguindanao, Autonomous
Region of Muslim Mindanao, dozens of gunmen stopped
a convoy that was
en route to file Buluan Vice Mayor Esmael "Toto"
Mangudadatu's
candidacy for the upcoming Maguindanao
gubernatorial elections. The
gunmen summarily executed at least 57 people,
including Mangudadatu
family members and supporters, bystanders, and more
than 30 media
workers.

Those charged with the killings include members of

the local governing
family, the Ampatuans, together with police,
military, and
paramilitary personnel. Andal Ampatuan Jr., mayor
of Datu Unsay and
son of the Maguindanao governor, Andal Ampatuan
Sr., is the lead
suspect in the case. He was charged on December 1,
2009; he is in
custody while his bail hearing continues.

Several eyewitnesses have come forward to testify

about the massacre.

On February 21, 2010, the elder brother of one

suspect-turned-witness,
Police Officer 1 Rainier Ebus, was shot multiple
times in Datu Piang
and severely wounded. According to credible sources
that could not be
confirmed, Ampatuan's men had offered Ebus 5
million pesos (over
 US$100,000) to recant his witness statement. The
brother was shot
after he refused to do so.

Credible sources also told Human Rights Watch that

another witness was
offered 25 million pesos (over US$500,000) to
recant his signed
witness statement. He refused. Within weeks of
testifying in court,
two of his family members were shot dead. The
Criminal Investigation
and Detection Group (CIDG) told Human Rights Watch
that local police
were investigating these crimes.

A member of the Ampatuan paramilitary forces told

Human Rights Watch
that the Ampatuans have placed a bounty on the
heads of those who
cooperate with investigators to testify against the
Ampatuan family.
He said that in late 2009, men linked to the
Ampatuan family ordered
him to kill one of the men involved in the
massacre. The paramilitary
force member said he escaped the Ampatuan fold
after hearing that he
was the next to be killed. He said he has learned
that there is a 2
million peso (over US$40,000) bounty on his head.

Human Rights Watch urged the National Bureau of

Investigation (NBI) to
thoroughly and transparently investigate these
killings and acts of
intimidation against witnesses. To the extent that
jailed Ampatuan
family members are implicated, the NBI should
investigate the
Philippine authorities responsible for their
custody.

The Justice Department, on February 9, filed

charges against 197
people for 57 counts of murder on February 9, 2010.
Arrest warrants
have yet to be issued due to judicial delays,
though some of those
implicated are in custody charged with other
crimes.

Of the 197 charged, 63 are police officers. Forty-

nine of these police
officers are under "restrictive custody"; the
remaining 14 are "absent
without leave." A Criminal Investigation and
Detection Group
spokesperson told Human Rights Watch that firearms
are confiscated
from police officers under restrictive custody and
the officers are
largely restricted to the police camp, though they
can leave under
guard. They remain on active duty and can be
assigned administrative
tasks.

Human Rights Watch questioned the effectiveness of

this custody status
since at least one police suspect, Anwar Masukat,
escaped restrictive
custody in late December or early January,
reportedly swore an
affidavit recanting his witness statement, and is
now missing. Masukat
had initially provided a signed statement
implicating Ampatuan Jr. as
the leader of the Maguindanao massacre. In his new
statement, he
pointed instead to another police witness as the
massacre's
mastermind. The Investigation Group spokesperson
told Human Rights
Watch that Masukat escaped restrictive custody
while en route from
Camp Crame, in Manila, to his unit in Maguindanao.

The threat to witnesses is highlighted by the

government's lax
detention of a suspect in custody, Human Rights
Watch said. Retired
Police Superintendent Piang Adam, the former
Maguindanao provincial
police director, escaped from the Sultan Kudarat
Provincial Jail in
Tacurong City between February 16 and 17. The
Sultan Kudarat
provincial police director, Senior Superintendent
Suharto Teng Tocao,
is a relative of Adam, and his jail guard, Taha
Kadalum, was his
cousin and has since been charged in relation to
the escape.

Following this escape, the Philippine police chief,

Director General
Jesus Verzosa, ordered tighter security on all jail
facilities and
noted the need for a review of security systems and
procedures. Human
Rights Watch called on Interior Secretary Ronaldo
Puno to carry out an
urgent review of the detention arrangements of all
those implicated in
the Maguindanao massacre and publicly report on the
findings and
measures taken.

Human Rights Watch stressed the need for stronger

witness protection
measures to ensure, in keeping with President
Gloria
Macapagal-Arroyo's statement of November 25, 2009,
that "the
perpetrators [of the Maguindanao massacre] will not
escape justice."

The United Nations special envoy on extrajudicial

executions, Philip
Alston, recommended in 2007 that the government
ensure protection for
persons who testify in killings for as long as they
are at risk, and
that they be provided housing and other assistance
to ensure their
security and well-being. Human Rights Watch made
similar
recommendations in its 2007 and 2009 reports about
extrajudicial
killings. None of these recommendations have been
implemented.

Human Rights Watch called on the Arroyo

administration to provide
sufficient funding to ensure adequate protection
for witnesses and
their families, and urged the government to
promptly investigate acts
of witness intimidation and killing, and to ensure
that the
perpetrators are brought to justice. Security
forces and the Justice
Department should take the measures needed to
protect their physical
safety, including relocation where necessary, and
ensure that
witnesses and their families are afforded
appropriate housing.
Witnesses who are themselves implicated in the
killings should be
appropriately - and safely - detained prior to
trial.

Human Rights Watch also urged the Philippine

Congress to increase
significantly the penalties for intimidating or
assaulting a witness.
Currently, intimidating a witness incurs a fine of
not more than 3,000
pesos (US$65) or imprisonment of six months to one
year, or both.
Offenses against intimidating witnesses should also
be expanded to
include offenses against their relatives.

"President Arroyo has a long way to go to live up

to her promise that
the perpetrators of the Maguindanao massacre do not
escape justice,"
Pearson said. "The legacy of her administration
will depend in great
measure on the outcome of this horrific case."

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I had wanted to keep this weekend light for JamBayan, but the developments in Maguindanao
dashed all hopes of that. I got wind of the declaration of martial law in Maguindanao Province
around 1:15 a.m. on December 5, and even though it was an ungodly hour I sent a text to
Secretary Jesus Dureza, Presidential Adviser on Mindanao, asking him to confirm it. I guess he
was asleep because his reply did not come until exactly 6:34 a.m.:
“Jon, just saw ur txt. No info on dat. Lets wait. Those decisions are made n d highest level. Am
here now n dvo.”
We now know, of course, that less than an hour later Executive Secretary Eduardo Ermita would
give a press conference confirming that President Gloria Macapagal-Arroyo had indeed declared
martial law in Maguindanao through Proclamation 1959.
Now I don’t care how allegedly necessary it was to place the province under military rule, the
term “martial law” just distresses me. I was six years old when then-President Ferdinand Marcos
placed the entire country under martial law on September 21, 1972, and being a kid I couldn’t
really understand what was happening. All I knew was that the grown-ups appeared to be afraid
of something, and there was this thing called a karpyu that was frightening them out of their wits
and forcing them to come home early. I pictured this karpyu as a monster that prowled the city at
night, attacking those who happen to be still out. It was a little later that I realized that the word
was “curfew.”
I have heard a number of people say martial law was necessary in Maguindanao because the
government could not arrest the prime suspects — members of the powerful Ampatuan clan —
in the November 23 massacre any other way. But when I heard the news my brain automatically
rushed back to 1986-1987 and recalled that the framers of the new constitution had wanted to
place safeguards so that no President could impose martial law in order to perpetuate himself (or
herself) in power as Marcos had done.
I googled the 1987 Constitution and, sure enough, this is what Section 18 of Article VII says:
“In case of invasion or rebellion, when the public safety requires it, he may, for a period not
exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines
or any part thereof under martial law.”
The rest of Section 18 does not give any other reason for the imposition of martial law: it may
only be declared in case of invasion or rebellion. Was there an invasion or a rebellion in
Maguindanao? I don’t think anyone is buying Justice Secretary Agnes Devanadera’s statement
that government “noticed and observed that there was a rebellion in the offing.” A rebellion is
not something one “notices” or “observes.” It is something one is confronted with, an in-your-
face uprising that requires an immediate military response.
Senators Noynoy Aquino and Mar Roxas — two men who obviously have a political reason for
everything they say these days — nevertheless came up with some very valid points in their joint
statement regarding the declaration of martial law in Maguindanao. They say there is “no
additional advantage to having a martial law regime – legally and militarily.”
“It does not strengthen the position of government to serve justice to the victims of the massacre.
The declaration of martial law can even lead to changing the character of the crimes committed
in Maguindanao:
1. The crimes allegedly committed are murder, rape, kidnapping and more. These capital crimes
are non-bailable. In a state of martial law, these common crimes may be absorbed into the single
crime of rebellion.
2. Except for its leaders, supporters of the rebellion are bailable. And worse, all those charged
with rebellion may be subject to amnesty. Are they laying the basis for a political solution to the
crimes committed?
3. The other offenses of rape and mutilation are aggravating for a case of multiple murders which
results in maximum penalties. These would be overtaken by the absorption into rebellion.
4. The only difference is 36 hours – presently an accused must be charged with capital offenses
within 1 ½ days. Under martial law the accused must be charged within 3 days but only with the
lesser crime of rebellion. Does this 36-hour difference provide sufficient substantial advantage to
justify the imposing of martial law?”
They also pointed out that President Arroyo “need not declare martial law” because:
“She could have swiftly ordered that charges be filed against all those who carried out the
lawless orders allegedly of Mayor Andal Ampatuan Jr.
She could have directed that all those charged be preventively suspended.
She could have ensured the filing of non-bailable charges like multiple murder and allowed the
succession of local officials under the Local Government Code take effect.”
They closed their statement with an appeal to their colleagues to follow the Constitution and
“come together immediately and ascertain the validity of this imposition.” That is, however,
becoming less and less probable given that the Speaker of the House, Davao City’s own Rep.
Prospero Nograles, has already said there is “no need to convene Congress” because most of its
members agree with the President’s decision.
“Joint session [is] needed only if Congress wants to revoke the decision. It’s not needed to go
into joint session if we agree with the President,” Nograles said.
Begging your pardon, Mr. Speaker, but the Constitution requires you to convene within 48 hours
of the imposition of martial law. If you do not do so, you will not only be breaking the law but
you will be setting a precedent for Mrs. Arroyo and future Presidents to follow. They would
know they can impose martial law without Congress raising a hoot, and that’s an extremely
dangerous thing.
http://jambayan.net/2009/12/martial-law-in-maguindanao-a-dangerous-precedent/

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