Month: February 2010

Last Feb. 3, the relatives of 13 journalists killed in the Nov. 23 2009 massacre in Ampatuan town in Maguindanao filed a suit with the Asean Inter-Governmental Commission on Human Rights to hold accountable the Arroyo government for the carnage that murdered at least 57 people, 30 of them journalists.

The rationale for the charge, which was done with the assistance of CenterLaw Philippines, is simple and easily understandable: All of those responsible for the carnage are agents of the Philippine State.

Harry Roque of CenterLaw yesterday disclosed that Justice Secretary Agnes Devanadera (who is supposed not to be holding that position since she filed her certificate of candidacy last Nov. 30) is pressuring the kin of 13 journalists who filed the suit with the AICHR not to pursue it.

Roque said in a meeting of state and private prosecutors last Feb. 16, Devanadera revealed a plan to appoint a sole spokesperson for all state and private prosecutors involved in the Ampatuan massacre trial.

“This is a ploy meant to muzzle my clients into submission,” Roque bewailed.

Roque is representing the families of journalists Robert “Bebot” Momay of Midland Review in Tacurong City; Joy Duhay of Goldstar Daily in Cagayan De Oro City; Santos “Jun” P. Gatchalian Jr., and Lindo Lupogan of Mindanao Gazette in Davao City; Joel V. Parcon of Prontierra News in Koronadal City; Bienvenido Legarta Jr., and Rey Merisco of Periodico Ini in Koronadala City; Napoleon Salaysay of Clearview Gazette in Cotabato City; Alejandro “Bong” Reblando of the Manila Bulletin in Manila; and Victor Nuñez, Daniel Tiamzon, Mc.Delbert Arriola and Julito Evardo of the UNTV crew in General Santos City.

Roque also disclosed that Devanadera told CenterLaw’s representative, Atty. Benjamin Luis, to convey to him the message that he (Roque) can choose to pursue the suit with the AICHR but he cannot remain as a private prosecutor in the multiple murder trial now being heard by the Quezon City regional trial court.

Roque is furious. Here’s a portion of the letter he sent to Devanadera:
“ Our Clients have consistently voiced out their rightful despair over the fact that investigation and prosecution have been limited to the direct perpetrators of the heinous crimes but those who have aided, abetted, created the culture of impunity, provided the arms and the men, and even cleared the way to allow/permit the Ampatuans to commit the despicable crimes, are being allowed to go scot free.

“ Our Application with the ASEAN Inter-Governmental Commission on Human Rights (AICHR) deals exclusively with those who are responsible for the SECOND source of culpability. Our AICHR Application does not deal with — and is not premised on the futility of — the on going trial against the accused Ampatuans and their cohorts. Contrary to misinformation given to the State and Private Prosecutors, applications to the AICHR do not require exhaustion of domestic remedies and is not required to be premised on the futility of domestic remedies.

“ Besides, as a member of the Association of Southeast Asian Nations (ASEAN), the Philippine state, through the Republic of the Philippines, pledged to support the aims and objectives of the AICHR towards the protection and promotion of human rights within its territory and in the region as a whole. In fact, it was the most vocal among the proponents of the human rights body, even going as far as lobbying that Manila be made the headquarters of the Commission.

“ It therefore comes as a big surprise to us that the Department of Justice should now demand that we abandon our recourse with the same human rights body. This is now the most opportune time for the Philippine government to prove its commitment to human rights. The DOJ should welcome the filing of the suit by the kin of 13 journalists who perished in the carnage in Ampatuan town before the AICHR as an opportunity of the Philippine government to prove to the world that it understands fully well what state responsibility entails and intends to abide by the obligations that come with it.

“We strongly deplore the misinformation and strongly condemn efforts exerted to mislead and poison the minds of the State Prosecutors and the Private Prosecutors that with our filing of the AICHR Application, we are in effect undermining the on-going criminal prosecution. The fact that there was already a concerted and collective criticism made on our AICHR Application right from the very start of the February 16, 2010 meeting, betrays a prior misinformation made to the State Prosecutors and Private Prosecutors.

“ With all due respect, allow us to be as candid as to state that it is so bad enough that the Department of Justice has not conducted an investigation and prosecution relative to the second source of culpability notwithstanding the vast cache of government-issued firearms recovered from the Ampatuans, the illegal assignment and permission by the government on the use of paramilitary/police/military forces as private armies of the Ampatuans, the admissions of high ranking officials of their knowledge of the criminal make up and character of the Ampatuans, and even admissions that meetings were held in Malacanang Palace where the criminal nature of the Ampatuans were acknowledged but that Vice Mayor Esmael Mangudadatu was directed to waive his constitutional right to seek public office in order to allow the Ampatuans with their reign of impunity in Maguindanao. It is even worse that the Department of Justice would now seek to undermine the legitimate and rightful efforts of the families of those killed to seek justice against the agents of the State who are the second source of culpability for the heinous massacre.

“ It is also in this light and in this connection that we condemn efforts to muzzle us in the guise of appointing a single spokesperson. Outside of the efforts of the State Prosecutors in the on-going criminal prosecution, our mandate from our Clients is to advocate and voice out their collective condemnation on the failure/refusal of the State to accept responsibility and to hold accountable to high government officials who have not been investigated or prosecuted in connection with the massacre, and as their culpabilities may become apparent in the course of trial. “

It is highly possible that the accountability in the suit with the AICHR could reach up to the level of Gloria Arroyo, which everybody knows coddled the Ampatuans because the Maguindanao “votes” in the 2004 elections allowed her to stay in power up to now. That is why Devanadera does not want it pursued.

by Regina Bengco
Malaya

Malapascua Island, Cebu. – President Arroyo had an innovative explanation for the presence of Cabinet officials seeking elective positions in May in last Tuesday’s Cabinet meeting in Palawan when she announced they were only there “as guests.”

Trade Secretary Peter Favila said Arroyo wanted to put on record that the concerned Cabinet officials are just “guests” to prevent any future legal question.

“She wasn’t laughing. Nobody laughed,” Tourism Secretary Joseph Durano said when asked if Arroyo made the announcement in jest.

The Supreme Court ruled last Monday that Cabinet secretaries running for elective posts should step down as they are deemed resigned once they file their certificates of candidacy.

These Cabinet officials, who are seeking seats in Congress include Executive Secretary Eduardo Ermita, for Batangas, Agriculture Secretary Arthur Yap, for Bohol, Presidential Management Staff Hermogenes Esperon Jr. for Pangasinan, Justice Secretary Agnes Devanadera for Quezon, and Budget Secretary Rolando Andaya Jr. for Camarines Sur.

Favila recalled the affected Cabinet officials were asked in jest about their presence in the Cabinet meeting when they are supposed to be considered resigned.

While a motion for reconsideration may be filed within 15 days and a reply within 15 days afterwards, the case might be moot and academic by that time because the affected government officials would have resigned since the campaign period for local posts starts March 26.

Andaya assured there would be no disruption in the quality and delivery of service of the DBM.

“I have no choice but to obey the ruling of the Supreme Court, a fidelity to judicial decisions that is shared by the rest of my colleagues. However, protocol and civil service rules oblige me to tender my resignation, out of courtesy, to the appointing authority, the President, as I cannot abruptly and arbitrarily abandon my office without notifying her,” he said.

Deputy presidential spokesman Gary Olivar said undersecretaries could be named to succeed Andaya to ensure continuity in the operations and delivery of services.

Devanadera said she had started packing her things.

“I have said I’m ready to resign anytime, with or without the finality (of the SC decision) I’ve already said that before. I am now in transition. Tomorrow or the day after, I am probably no longer here (in DOJ). My resignation is as certain as death and taxes,” she told reporters at the sidelines after delivering a speech before some 200 Southern Luzon State University students at the DOJ.

Comelec chair Jose Melo said he already instructed the Comelec Law Department to look into the candidates’ liability in breaking election regulations.

“If they continue to discharge with their functions, even if not connected to their political ambitions, it may be an election offense,” he told reporters. – With Jocelyn Montemayor and Evangeline de Vera

by Ashzel Hachero
Malaya

Manny Villar, presidential candidate of the Nacionalista Party, and Manuel Roxas, vice presidential bet of the Liberal Party, have gotten the support of the Magdalo group which said it could deliver at least 250,000 votes.

The “price” of the support: He will not enter into an alliance with President Arroyo; and he will pursue the Magdalo advocacy on poverty alleviation, anti-corruption, peace in Mindanao, and reform and modernization of the Armed Forces.

A third condition, according to Acedillo, is for Villar to allow other detained Magdalo members to serve in government.

Asked to explain if the condition — “malayang makapagsilbi ulit sa gobyerno an gaming mga kasamahan sa pamumuno ng aming chairman a si Sen. (Antonio) Trillanes IV” — means they would seek amnesty for the detained Magdalo members, Acedillo noted the Magdalo members are still undergoing trial for coup and rebellion. He said they might move for amnesty in the next administration.

The group also endorsed senatorial candidates from different parties, including former fellow military officers Danilo Lim of LP and Ariel Querubin of NP, who are facing court martial for a plot to overthrow the Arroyo government in 2006.

Former Air Force 1st Lt. Ashley Acedillo, Magdalo national spokesman, said his group reached the decision after a nationwide consultation process with 400 national and local chapters which have at least 55,000 members.

Acedillo said Villar got 52 percent of the votes of the members and Aquino, or five more than Aquino.

Asked why the Magdalo chose Villar over Aquino, Acedillo said Villar has the competence, character and vision to lead the country.

“Consider this a personal bias, having come from the military. It goes without saying that there is a premium in leadership. The ability to lead the men under you, I think that played a big role,” he said.

Acedillo said the group’s endorsement of Villar and Roxas does not mean severing friendship with other candidates.

“Sina President Erap Estrada, Sen. Noynoy Aquino, Sen. Loren Legarda at Mayor Jojo Binay ay mga mabubuting tao at sila ay mga kaibigan ng Magdalo at mananatiling kaibigan sa kabila ng pag-endorsong ito,” Acedillo said.

The Magdalo late last year endorsed Sen. Francis Escudero, who later dropped out of the presidential race.

Acedillo dismissed reports that the Magdalo group was offered money by Villar in return for its endorsement.

“Sampal po sa amin yun kung may ganun at siguro naman kilala ninyo kami kahit nakakulong kami hindi kami tumanggap ng ganun. Gusto ko lang pong linawin na walang perang involved dito. Mayroon po tayong advocacy na pinaglalaban dito,” he said.

The Magdalo’s other senatorial candidates are Pia Cayetano (NP), Jinggoy Estrada (Pwersa ng Masang Pilipino), Susan “Toots” Ople (NP), Gilbert Remulla (NP), Adel Tamano (NP), Ruffy Biazon (LP), Tito Sotto (NPC), JV Bautista (PMP), Joey De Venecia (PMP) and Bongbong” Marcos (NP).

Villar expressed gratitude to the Magdalo whose endorsement, he said, showed his being a “genuine oppositionist.”

“At inaasahan natin ang paglaya ng ating mga sundalong nagnais at patuloy na nagtutulak ng pagbabago sa bansa,” he also added.

Lim, a former general, thanked the Magdalo.

As to the Magdalo’s choice of presidential bet, he said he respects the choice. Lim is running under the LP and is an adopted candidate of the PMP. – With JP Lopez and Czarina Rufino

Wait, there’s more!: Buy her a gift this Valentines! or send her flowers!