Harry Roque’s Blog

The last time I engaged a sitting Cabinet member into a word war, that is prior to this recent one, was when Justice Secretary Alberto Agra absolved Zaldy Ampatuan from liability in the Maguindanao massacre case. Prior to the Agra order of dismissal, there was unusual tension between the public prosecutors and us. I did not pay too much to the tension because I thought it was normal for bureaucrats to please their superior. Even colleagues in the ranks of the private prosecution went out of their way to please Agra. Nena Santos, on the Friday before the Sunday when Agra absolved Zaldy, went to Padre Faura with 26 of her clients, and pledged their full support and confidence to the then Secretary. But when d-day came, it was the public prosecutors that walked out first followed by Nena, the latter even claiming that huge amounts of money were involved in the decision. Vindication, I thought. To think, just days prior to the issuance of the order of dismissal, I was classified by both public and private prosecutors as their biggest headache. I hope to be equally vindicated in my most recent tussle with 2 Cabinet members.My belligerence then had good basis. Days after the November 23 massacre, we all saw the police, even aided by a back hoe, was contaminating a crime scene where no less than 58 victims were murdered in the most gruesome manner. We knew then too that the suspects were very well connected. As Lintang Bedol is now confirming, PGMA and Miguel Zubiri owe their election into public office not to the people who gave them a political mandate, but to the cheating machinery of the Ampatuans. Add to that the fact that the dreaded clan was an acknowledged ally of the state in the fight against Muslim insurgents, what you have is a sure recipe for impunity where government proved to be eager to white wash the investigation of the case. The 300 million that witness Lakmudin Saliao claimed the family distributed for this purpose, certainly came in handy.

If at all, we participated in the prosecution of the Maguindanao massacre fully aware that those in power then wanted a proceeding that would absolve a valuable political ally. We participated nonetheless hoping that with elections just around the comer, hope was forthcoming since PGMA, lest there be a failure of elections courtesy of SMARTMATIC, was disqualified to seek another term. And yes, change did take place with the unprecedented election victory of P Noy.

Then last week happened. On Monday,, two network stations broadcasted their earlier taped interviews with former ARMM Governor Zaldy Ampatuan. Among others, he claimed that he has information that could convict his kin in the massacre. Meanwhile he maintained that he had no participation either in the planning or the execution of the massacre. His lawyer, Atty. Redempto Villanueva, on Tuesday, claimed in a TV talk show that his client wanted witness protection. Also on Tuesday, I was listening to the radio on my way to the Department of Justice when I heard DILG Secretary Robredo holding a press conference. He declared, “we should listen to what former ARMM Governor has to say”. Edwin Lacierda would later declare that the “doors of Malacañang is open to Zaldy”. Robredo would later admit linking Zaldy with the President.

Later in the evening of Tuesday, Lintang Bedol would also be interviewed on television. He claimed what we have known all along, especially those of us who filed three impeachment complaints against PGMA, that there was massive cheating in Maguindanao in the 2004 and 2007 elections. He called PGMA a “fake president” and alleged that Senator Migs Zubiri has no popular mandate. He narrated how the former First Gentleman ordered that the votes of PNoy, Ping Lacson, and Allan Peter Cayetano should be shaved in Maguindanao. In the interview, Atty. Krisitine Esguerra, counsel of Zaldy Ampatuan. was captured by the camera. This is proof that Zaldy arranged for the interview.

In my mind, it was clear: these interviews were meticulously arranged, scripted, as in fact, their broadcast was embargoed for two weeks, and all formed part of Zaldy’s plan.

Zaldy clearly wanted to be admitted into the Witness Protection Program for the murder cases. But when the door to this possibility was shut by the President himself, Justice Secretary Leila de Lima then declared that he could still qualify as a state witness for other crimes, such as for election sabotage.

Alarm bells rang. I had personal experience on how the WPP works. In the case of Boomar, our star witness in the murder case of Dr. Gerry Ortega of Palawan. A person admitted into the WPP shall have the right to “secure housing facility” until the threat to his life should have ceased. This means that Zaldy’s admission into the WPP for election sabotage, even in the event he is convicted in the murder case, would mean that he will never spend time in Muntinlupa for the 58 counts of murder. He would instead be in the custody of the WPP in that “secure housing facility”. Because of limitations in government resources, Zaldy himself could provide for his housing. Conceivably, by testifying on election sabotage and the plunder cases against his own family, Zaldy could spend the rest of his life in one of their many mansions secured by operatives from the WPP and drawing an allowance from the state for the rest of his life.

Brilliant ploy.