1 YEAR ANNIVERSARY: NATION MOURNS MASSACRE VICTIMS
[PHOTO - Relatives of the 57 people killed in the Maguindanao massacre offer flowers and candles during a memorial service at the massacre site in Ampatuan, Maguindanao as part of the national day of remembrance declared by President Aquino.]
AMPATUAN, MAGUINDANAO, NOVEMBER 24, 2010 (STAR) By John Unson – Relatives of 57 people killed in the country's worst political massacre gathered at a remote hill in this town yesterday as the nation marked the first anniversary of the slaughter.
Also yesterday, an accused in the massacre in Maguindanao was arrested in Shariff Aguak, Maguindanao.
Chief Superintendent Benito Estipona, Task Force Maguindanao commander, said Misuari Sinsuat Ampatuan was arrested at around 4:30 p.m. in Barangay Labu-Labu.
Ampatuan carried a P250,000 bounty on his head, he added.
Of the 196 accused, 83 have now been arrested.
Maguindanao Gov. Esmael Mangudadatu, whose wife Jenalyn was among those killed in the massacre, called for a speedy prosecution of the accused, among them Andal Ampatuan Jr., his supposed rival in the May 10 gubernatorial elections.
Of the 57 people killed in the massacre, 32 were journalists on their way to the provincial capitol in nearby Shariff Aguak town to cover the filing of Mangudadatu's certificate of candidacy for governor of Maguindanao.
Ampatuan Jr., members of his clan's private militia and several policemen are accused of herding the victims to a nearby hill and shooting them one after another with machine guns and automatic weapons.
Mangudadatu urged residents in Maguindanao to help police monitor the movements of armed followers of the Ampatuan clan.
"That incident was Allah's way of putting an end to the impunity of certain members of a clan that ruled the province as if it was their private property," he said.
Mangudadatu said he wants all the suspects who remain at large placed behind bars.
"They remain very dangerous and can receive instructions any time (from the Ampatuan leaders) through mobile phones," he said.
Justice Secretary Leila de Lima, who was present at the commemoration, vowed to focus her attention on the prosecution of those implicated in the massacre.
She would treat any failure in the prosecution of the suspects as her personal failure, she added.
De Lima called on potential witnesses to come out and help in the prosecution of the suspects.
Four battalions of soldiers, backed by combat vehicles and some 300 policemen, secured the surroundings of the massacre site.
Candles were lit and flowers were placed there in memory of the victims.
Relatives of the victims made emotional appeals for justice,
thousands of mourners gathered at a remote hill in Ampatuan town where the carnage took place last year.
"I am praying by the will of God that we can get justice," Tom Teuto, 50, who lost his sister and 13 other relatives in the massacre, told reporters at the site.
"I am calling on the President to intervene. It has been a year. It has been very painful."
Aquino declared Tuesday a "day of national remembrance" and ordered government employees to wear black to symbolize unity with the victims' relatives.
"Today we again offer our condolences to the families of the victims and vow to do everything in our power to achieve a timely resolution of this case and ensure this does not happen again," he said in a statement.
At the massacre site, religious leaders led prayers during an emotional service in which white doves and balloons were released in memory of the victims.
Radio and television stations across the country also silenced their broadcasts for 58 seconds at 7 a.m. to remember those killed and to urge authorities to speed up prosecution of those accused.
Although the death toll is officially 57, a 33rd journalist, Humberto Momay, is believed to have been killed as well.
Momay's death would bring the toll to 58 but the Ampatuans are being prosecuted for only 57 murders because Momay's body has not been found and he is officially declared as missing.
GMA: I acted decisively
Former President Gloria Macapagal-Arroyo said yesterday she acted decisively to ensure that justice would be given to the victims of the Maguindanao massacre and their families.
Ma. Elena Bautista-Horn, Arroyo's spokesman, said immediately after the massacre was discovered, the former president placed Maguindanao, Sultan Kudarat and Cotabato City under a state of emergency.
"These moves and the swift pursuit operations to seize the weapons and other armaments as well as the arrests of the suspects, including powerful leaders of the Ampatuan clan, led to the filing of charges and the start of the ongoing trial," she said.
Arroyo later declared martial law in Maguindanao, she added.
Bautista-Horn said Arroyo also ordered that witnesses be placed under the government's Witness Protection Program and formed an independent panel to work on the dismantling of private armies.
Arroyo immediately released funds to help the families defray their burial expenses, she added.
US envoy lauds witnesses
In Davao City, US Ambassador Harry Thomas Jr. lauded yesterday witnesses who have come forward to testify against the accused in the Maguindanao massacre despite threats to their lives.
"We commend the courage of those witnesses who have come forward to testify, despite threats and intimidation," he said in a statement released by the US embassy yesterday.
Thomas also lauded authorities who have committed to go after the suspects believed to be behind the incident.
"We applaud those members of the police and Department of Justice who are committed to investigating the ghastly details of this heinous crime and prosecuting the accused," he said.
Thomas said the victims of the Maguindanao massacre should be remembered not only during the first anniversary of the killings.
"They will be remembered by the tolling of bells, by the lighting of candles, and in our prayers, not just today, but every day until justice is done," he said.
Thomas offered condolences and solidarity to the relatives of the victims.
"On behalf of the US embassy, I again offer condolences and solidarity to the friends and family of the 58 innocent men and women, including 32 media members, who were shot and killed without mercy one year ago today in Maguindanao," he said.
Journalists call for vigilance
In Zamboanga City, journalists called for vigilance yesterday to ensure justice for the victims of the Maguindanao massacre.
Led by Zamboanga Press Club Inc. president Gerry Lacastesantos, the journalists offered a Mass before the lighting of black candles as signs of continued mourning and the release of white balloons to symbolize freedom and justice at Saint Joseph Parish Church.
In a homily, Fr. Jude Duncombe asked media men to continue praying for the souls of the victims, as well as the protection of the journalists seeking the truth.
In a statement read after the Mass, Lacastesantos urged media practitioners to remain vigilant to stop the impunity of crimes committed against members of the fourth estate and other civilians.
"There's no place for apathy in our ranks, lest we forget that some of the victims were also members of the media," he said.
Lacastesantos asked journalists to have faith that the wheels of justice would continue to turn for the victims.
"Let us continue to fight the good fight and remain ever patient and strong," he said.
"The light of hope shines bright and with continued vigilance, we shall one day prevail and persevere in this quest for justice."
'Credible trial needed'
Australia and Canada believe a credible and expeditious trial of the Maguindanao massacre will show the country's commitment to protecting human rights and upholding the rule of law.
In a statement, Australian Ambassador Rod Smith said Australia welcomed the government's effort to bring the perpetrators to justice.
"One year after 23 November 2009, Australians join with our Filipino friends in recalling with horror the brutal murder of innocent civilians and journalists in the Maguindanao massacre," he said.
"We again extend our sympathies to the victims' families as they mourn their loss and seek justice."
"The scale and brutality of the Maguindanao massacre sparked outrage in the Philippines and across the world. It brought renewed attention to the human rights, security and governance challenges facing the Philippines."
In a statement, Canadian Ambassador Christopher Thornley welcomed the steps the government has taken to hold accountable the perpetrators of the massacre but called for the rule of law to prevail and for those responsible to be brought to justice.
"Ensuring a timely, credible, and just conclusion to this case is essential in demonstrating to the world the commitment of the Philippines to safeguarding human rights and respecting the rule of law," he said.
British Ambassador Stephen Lillie said justice has yet to be done because there have been no convictions despite some high-profile arrests.
" Justice has yet to be done," he said. "There have been no convictions so far, despite some high-profile arrests. Many of those charged in connection with the massacre are still at large. Meanwhile, there are frequent reports about intimidation of witnesses and families of the victims."
Lillie said the world is still watching one year after the Maguindanao massacre, citing the publication last week of a detailed report by Human Rights Watch on killings in Mindanao.
"What is alarming, however, given the importance of this case, is the glacial pace of the trial, with the court sitting only once a week," he said.
"This is because the judge has other cases to handle in parallel, a distinctive feature of the Philippine judicial system."
Lillie said Justice Secretary De Lima has pledged that the trial will be completed during the term of the Aquino administration.
"But this administration still has close to six years to run," he said.
Lollie said it is widely assumed that members of a private army were responsible for carrying out the Maguindanao massacre.
"President Aquino has made clear his determination to see justice for the victims of the massacre," he said.
"Clearly, there must be due process and no short cuts. But ensuring a timely and credible conclusion to this case remains crucial in order to reassure domestic and international opinion of the Philippine administration's commitment to human rights and the rule of law." — With Cecille Suerte Felipe, Roel Pareño, Edith Regalado, Paolo Romero, Pia Lee-Brago, Aie Balagtas See, Rose Tamayo-Tesoro
ONE YEAR AFTER MAGUINDANAO MASSACRE, DELAYS IN TRIAL PESIST By Aie Balagtas See Philippine Star November 23, 2010
A year after the Maguindanao massacre, nobody has yet been convicted for the gruesome crime.
The trial against the 196 accused has barely begun. And while some of the suspects belonging to the Ampatuan clan have already been arrested, only one of them – the principal accused Andal Ampatuan Jr. – has been arraigned.
Relatives of the 57 victims continue their quest for justice, flying from Mindanao to Manila to attend the weekly hearings.
The cry of those who claim they were wrongfully accused grew louder, too.
Worse, the public's interest in how the government handles the case has waned.
But what has kept the trial from moving?
Private prosecutor Nena Santos, counsel for Maguindanao Gov. Esmael Mangudadatu, blamed the defense's "dilatory tactics."
"Had it not been for the lull of about seven months since we started the bail proceedings, we should have accomplished more. But because of the several dilatory motions filed by the other side, it actually stopped – virtually stopped – the resolution of the bail proceedings," she said.
Santos was referring to the bail trial that Andal Jr. availed of for the 56 counts of murder, which started in January but was indefinitely postponed the next month after presiding Judge Jocelyn Solis-Reyes of Quezon City regional trial court branch 221 was deluged with over 100 motions, including eight recusations that sought her removal from the case.
The impasse was broken only after the missing body of Victor Nuñez was recovered and a 57th count of murder was lodged against the suspects. The trial for Nuñez alone kicked off in September.
Santos also blamed the incremental arrest and arraignment of suspects. Of the 82 in custody, only 15 are undergoing trial. The rest – including Andal Jr.'s father Andal Sr. and brother Zaldy – had used legal maneuvers to be discharged as accused.
"If only we can arraign them in one swoop. It prolongs the case because you have to conduct pre-trial and pre-conference for each of them. Just imagine," she said.
Lawyer Redemberto Villanueva, counsel for Zaldy, explained that it should be made clear to the 196 suspects why they were included in the charge sheet.
"If there will be less accused then there will be less evidence that they will have to present," he added.
Villanueva has three pending motions that seek to free his client, even as he made it clear that he does not want Zaldy to be arraigned.
He also asked a separate trial for his client, which he believes is a speedier solution to Zaldy's case.
"Because once you join in the trial you'll be joining the delays of the trial together with the other 196," he said.
Trial could take forever
Given the magnitude of the case, litigation lawyer and Sen. Joker Arroyo earlier said the trial could drag on for 200 years.
Arroyo pointed out the difficulty in having to hear every witness, and the need to weigh every appeal and argument that the defendants will raise.
"Even if the court conducts a daily court marathon, there will be difficulty in getting it finished," he said in a radio interview. "In a hearing every defendant has the right to cross-examine every witness. When you present a witness, each of the 196 can cross-examine."
Santos echoed the observation and lamented some lawyer's postponements in conducting the cross. "We want our witness to be cross-examined immediately for orderly proceedings. The failure to do so delays the process," she said.
The prosecution and defense are set to present 500 witnesses. Five have already taken the stand, namely: Ampatuan househelp Lakmodin Saliao; construction worker Norodin Mauyag; farmer Abdul Esmael Abubakar; and accused policemen, Inspector Rex Ariel Diongon and PO1 Rainer Ebus.
Their testimonies pointed to the Ampatuans and their private militia as the perpetrators of the crime.
The Ampatuans, on the other hand, have repeatedly denied the accusations.
Defense lawyer: Accused have rights, too
Lawyer Marlon Pagaduan, who represents the accused policemen and militia, said that while he prefers a speedy trial, it would be difficult for the defense not to use available legal remedies to preserve their clients' rights. "There is no shortcut. You can't just say that we have to speed up the case because that will compromise due process," he said.
Pagaduan was thankful, nonetheless, that the prosecution, defense, and the court have started to address the delay through case management conferences, where trial dates and the consolidation of 57 cases have been discussed.
Reyes has also agreed to conduct biweekly hearings starting December and has ordered the prosecution to present two witnesses each day.
"We also discussed there the importance of being professional because hurling accusations against each other during the trial also stifles the hearing," said Pagaduan.
Santos said their next issues will include asking the Supreme Court to unload Reyes of her previous cases so she could focus on the trial, and scouting for a bigger courtroom to accommodate the growing number of defendants.
She said she understands the public's dissatisfaction with the progress of the case. "But they have to remember that there are 57 victims and 196 accused here," she said, referring to a recent Social Weather Stations survey where a majority have expressed dissatisfaction with the way trial is being handled.
DOJ wants trial expedited
The Department of Justice (DOJ) has made moves to expedite the trial.
Secretary Leila de Lima has designated Undersecretary Francisco Baraan III as supervising official specifically tasked to coordinate moves of the DOJ panel and private lawyers of victims who also serve as case prosecutors.
"We want to better supervise the prosecution in this case considering the earlier disagreement between public and private prosecutors. I wanted to personally handle it, but I can't because of the many other cases I am handling," De Lima said.
She said she chose Baraan because of his experience and competence in litigation. "He will be there to ensure everybody in the courtroom does his or her job."
De Lima said she also instructed the DOJ team of prosecutors "to be more focused and more aggressive in handling the case" during a case conference yesterday.
She believes the delays in the hearings could be attributed to the case's complexity, which involves 57 victims and 196 accused, and also to the dilatory tactics of defense lawyers and resources of the accused.
Lawyer Santos also believes that the two days-per-week hearing schedule of the court would suffice to make up for lost time.
"With this, we ask the Supreme Court to designate permanent pairing judge to Judge Solis and to allow live coverage of the trial so the dilatory exhibitions and theatrics of the defense would be known to the public," she appealed.
National day of remembrance
At the Palace, President Aquino issued Proclamation 73 declaring the Maguindanao massacre anniversary as a national day of remembrance for the victims of the brutal incident.
Presidential spokesman Edwin Lacierda said that some government officials would wear black armbands and join the candle lightning at Mendiola.
"It is appropriate for the nation to pause and reflect on one year having passed since the massacre horrified the Filipino people and the world and that justice must be served," the proclamation read.
"The quest for justice continues for the victims and their bereaved families," he said.
The President called on the Filipino people to solemnly keep the departed in their thoughts, and for all the citizens of all walks of life to commit, in solidarity, to the quest for justice for the victims.
House wants speedy prosecution
The delay in trial has also caused the leadership of the House of Representatives to call on authorities to speed up prosecution of the case.
"We should not forget," Speaker Feliciano Belmonte Jr. said. "We hope the prosecution would be speeded up and those (suspects) still at large be apprehended so they would face justice."
He said beyond the Maguindanao massacre, the bigger issue of private armies should be addressed.
"I will work hard to make sure that human rights in this country are protected, not only journalists but every Filipino. The House will find ways to put in pertinent legislation on this," Belmonte, a former working journalist, said.
The Speaker also supported President Aquino's appeal for the court to allow live coverage of the trial.
"A televised trial does not ipso facto violate the rights of the accused. In fact, live coverage of the trial should help guard against partiality on the part of the judge and ensure stricter adherence to the tenets of legal ethics on the part of the lawyers, as their actions will be subject to public scrutiny," Belmonte said.
The party-list group Ako Bicol (AKB), for its part proposed that Congress declare Nov. 23 as Press Freedom Day.
"The commemoration of Philippine Press Freedom Day shall serve as a fitting reminder that we will never forget the sacrifices of these journalists who gave up their lives in the practice of their profession," AKB Rep. Rodel Batocabe in filing Bill 3701.
End climate of impunity
Meanwhile, foreign citizens and Filipinos living abroad deplored the lack of implementation of sustainable reforms that would contribute to justice as they called for an end to the climate of impunity in the country.
A one-page letter condemning the carnage is being circulated abroad in remembrance of its first anniversary today.
A copy of the letter, which was being circulated by his German brother-in-law in Germany and has attracted supporters, was sent to The STAR by Marcelo Suerte-Felipe of Paombong town.
"Therefore we deplore the lack of implementation of sustainable reforms that would contribute to justice for all people involved! We are calling for an end of the climate of impunity in the Philippines," the letter reads.
The letter also noted that victims of the massacre were not only victims of the Ampatuans, "but victims of the weak legal structures in the whole Philippines that lead to a general situation of impunity."
Bells will be ringing
At least three dioceses confirmed that they would ring church bells for 57 seconds to mark the first anniversary of the Maguindanao massacre.
The Church-run Radio Veritas yesterday reported that the Diocese of Antipolo under Auxiliary Bishop Francisco de Leon, Diocese of Malolos, Bulacan under Bishop Jose Oliveros, and Archdiocese of Lipa, Batangas under Archbishop Ramon Arguelles would ring their church bells.
The Archdiocese of Manila said that some of their churches would also be ringing their church bells, such as the Paco Church, Manila Cathedral and the Quiapo Church.
The churches that would participate in this activity would sound their bells for 57 seconds at 6 a.m. and would follow with a Mass. However, the Mass at the Manila Cathedral is set at 7:30 a.m.
Archbishop Arguelles also supports the simultaneous ringing of bells in his Archdiocese. "This is an encouragement to the Filipino people to unite, forgive and pray for the eternal salvation and justice for the victims."
Cotabato Bishop Colin Bagaforo yesterday said that they have no plans scheduled for today in his diocese but they do have a Mindanao Week for Peace that would run from Nov. 25 until Dec. 1.
In the meantime, at least four battalions of soldiers are set to secure today's activities to be held in Sitio Masalay, Barangay Salman.
The Armed Forces of the Philippines shall also deploy a number of light armored vehicles to provide additional security to the group that would go to the massacre site today.
A monument in memory of the victims of the massacre shall also be unveiled today in Sitio Masalay where an interfaith prayer rally shall also be held. – With reports from Paolo Romero, Edu Punay, Jess Diaz, Evelyn Macairan, Aurea Calica, Nonong Baliao, Dino Balabo, Ramil Bajo, Edith Regalado
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