To get a copy of the original complaint filed on November 22, 2011 by the families of the Maguindanao massacre victims, please click here Salaysay,etal vs PGMA_COMPLAINT22Nov2011
I wondered what P Noy would say in this year’s SONA about the Maguindanao massacre and other cases of extralegal killings in the country. Since becoming President, he has consistently said something about this malaise. This may be because when he still seeking the people’s mandate, he sought an audience with our clients and promised that the prosecution of the perpetrators of the massacre would be on top of his priorities. This was why one of our clients, Myrna Reblando, wife of slain Manila Bulletin journalist, “Bong” Reblando, the only full time journalist of a national broad sheet to perish in the massacre, agreed to publicly endorse him in a television advertisement broadcasted at the tail end of the campaign period in 2010. That endorsement earned Myrna front seat sitting in P Noy’s inauguration at Luneta.
In 2010, while not expressly mentioning the Maguindanao massacre, P Noy did promise that he would “punish” the perpetrators of extrajudicial killings. In 2011, he expressed confidence that the Department of Justice will go after those behind these extrajudicial killings. In 2012, he expressly promised that he would accord the victims of the massacre justice. Earlier this year, the Secretary of Justice declared that the prosecution of the case would be finished within the term of P Noy.
I then expected that the President would reiterate De Lima’s promise to finish the prosecution of the case before 2016. Alternatively, I was hoping that our recent expose that about 14 of the victims almost entered into a settlement with the accused would prompt the government to discharge its duty to pay compensation to the victims as a consequence of the Philippine state’s breach of its obligation to protect and promote the right to life of the victims. While Deputy Presidential mouth Valte exhibited her gross ignorance of human rights law when she said that this administration will not pay compensation to the victims since it was not responsible for the massacre; I was hoping that those with brains in the administration, such as Secretary Leila De Lima or Secretary Ronald Llamas, maybe upon the prodding’s of CHR Chair Etta Rosales, would already correct the mistake of the mouth named Valte.
So for 1 hour 45 minutes, I, with millions of other Filipinos, eagerly awaited the Presidential pronouncement on how he would protect and promote the most important right of all rights, the right to life.
My heart was hence tattered into pieces when after an hour and forty-five minutes of waiting, the President concluded his SONA without mentioning a single word on either extrajudicial killings or the Maguindanao massacre. My immediate reaction was one of panic. Oh my God, I said, the President is not even sure that the trial of the century could be concluded during his term! If it could not be done during the term of one who had not benefitted from the Ampatuans of Maguindanao, what would happen to the case should the President to be elected in 2016 be indebted anew to the family of the accused? It would certainly be hopeless for the victims.
The fact that I felt this sense of despair is actually to commend P Noy. I have always acknowledged that he is one of the few politicians who did not benefit from the Ampatuans of Maguindanao. On the contrary, he was one of those who allegedly got zero votes in the province in the 2007 elections. This is reason to be confident that there would be a level playing field in the prosecution of the massacre during his administration. But the reality is outside of P Noy, almost all of the contenders in 2016, unless the likes of Grace Poe, Chiz Escudero, or Allan Cayetano make a go for the Presidency, have had some ties with the Ampatuans of Maguindanao. This means that the possibility of a conviction, at least during my lifetime, has dimmed. This is because P Noy’s silence on the massacre is an implied admission that no one is certain when the prosecution of the country’s worse massacre will conclude.
It was also worrisome that despite the fact that there have already been 15 cases of extrajudicial killings of journalists in P Noy’s three-year-old administration, the President was equally silent on what he intends to do with the perpetrators of these killings. This prompted the Human Rights Watch to declare, “We are dismayed that President Aquino, in his State of the Nation Address today, chose not to talk about the continuing culture of impunity in the Philippines. We are disappointed that he did not take the opportunity to communicate to the military and the police that they will be held accountable for human rights violations. President Aquino’s failure to denounce abuses against outspoken activists, environmentalists, clergy and journalists sends the wrong message to abusive security forces and corrupt politicians”. The Center for International Law, for its part declared: “The President’s failure to state how he intend to finish the prosecution of the massacre case points to a lack of political will to punish those who will violate freedom of the press and the right to life”.
As for the victims, three of them, Monette Salaysay, Editha Tiamzon, and Cipriana Gatchalian tearfully asked on the occasion of the 44th month commemoration of the massacre held only a day after the SONA: “why have thou forsaken us?”
It was very sad that President Noynoy Aquino, for the first time in his SONA, did not have anything to say about the Maguindanao Massacre. As Chief Executive, it is still his duty to prosecute and cause the punishment of the perpetrators of the massacre.
We are also hoping that with recent information that some of the victims almost entered into a compromise with the Ampatuan, the President will squarely address the issue of compensation to be given to the victims of the single most murderous attack against journalists in history.
The President’s failure to state how he intend to finish the prosecution of the massacre case points to a lack of political will to punish those who will violate freedom of the press and the right to life.
Atty. Harry L. Roque, Jr.
Chairman of Centerlaw and counsel for the families of 15 victims
Request for Coverage
Ampatuan Massacre commemoration today, July 23, 2013, at 6 pm to 7 pm in front of UP Law Center, College of Law, UP Diliman. Mrs. Cipriana Gatchalian, Mrs. Ramonita Salaysay & Mrs. Editha Tiamzon, widows of three of the 32 journalists killed in the massacre, will participate in the program.
TIRED of the slow pace of justice, relatives of 14 of the 58 fatalities in the November 2009 Ampatuan massacre had signed an agreement with an “emissary” of the accused to negotiate the settlement of the murder case for P50 million.
But no settlement has been reached to date: The “emissary,” identified as Jun Chan, was killed in an ambush en route to his farm in Barangay Sulit in General Santos City a month after the agreement was signed.
The agreement with Chan was reached the third week of February, and Chan was killed on March 25. But the proposed settlement surfaced only recently when an heir of one of the victims decided to provide the details to highlight how precarious their situation is—financially and security-wise—as victims living in Mindanao.
Lawyer Harry Roque confirmed in radio interviews that four of the 14 heirs who signed the agreement with Chan are his clients.
The source, who attended the two meetings with Chan but ended up not signing the agreement, said the meetings were held in a mosque in General Santos on the second and third weeks of February. Chan was accompanied by a man they called “Prof,” but the heirs came without their lawyers, the source said.
In the first meeting, Chan asked the heirs to sign a document authorizing him to negotiate a financial settlement on their behalf in return for 15 percent of the amount. “We said we would not entertain any offer lower than P50 million, and the emissary said he would talk to his principal,” according to the source.
In the second meeting, Chan told the heirs that his principal was amenable to the amount but asked for two affidavits in return, the source said.
One would be an affidavit of desistance. The other would be an affidavit stating that then gubernatorial candidate Esmael “Toto” Mangudadatu had promised each journalist P30,000 as payment for accompanying his wife Genalyn to the Commission on Elections office in Shariff Aguak to file his certificate of candidacy (COC).
“Akala namin nung una, affidavit of desistance lang OK na, pero sabi nila wala na daw magiging epekto yun sa kaso dahil pwede pa ding mag-prosecute ang gobyerno kahit bumitaw kami (We initially thought that they just wanted an affidavit of desistance, which was all right with us. But they said this would have no effect on the case because government can still prosecute the case),” the source said.
The heirs were asked to state in their affidavit that Mangudadatu promised to pay the victims P5,000 as downpayment and the balance of P25,000 after the COC had been filed, the source added.
Said the source: “Gusto nila na idiin si Toto, na alam nya na ipinapain nya ang buhay ng mga media para makapag-file siya ng COC (They wanted to implicate Mangudadatu by showing that he knew he was putting the journalists’ lives in danger).”
The source also said Chan repeatedly warned them “not to talk to anybody about the negotiations for our own safety.” Hence their silence when he was killed a month later.
At the time, police did not know the motive for killing Chan, who was in a car with his wife. Chan’s wife survived.
Chan had stressed in both meetings that it was in the heirs’ best interest to settle the case because the trial would only linger because the government’s evidence against the accused was weak, the source recalled.
“Kung manalo man daw kami, malaki na daw na makakuha kami ng P5 million (Even if we win, the most we’d get is P5 million),” the source said.
Reacting to the agreement reached between the victims’ heirs and Chan, National Union of Journalists of the Philippines president Rowena Paraan said, “We have an environment that encourages the victims to settle. If the victims feel they will get justice, the temptation to settle will not be there.”
On Monday, the NUJP and the Franciscan Sisters commemorated the 43rd month of the Ampatuan killing with a mass at the St. Joseph’s College in Quezon City.
Lawyer Prima Quinsayas, one of the private prosecutors in the ongoing Ampatuan trial at the Quezon City Regional Trial Court, said she heard about the meetings between Chan and the heirs but that “none of (her) clients discussed it with her.”
Roque, said he will ask the United Nations Human Rights Committee to look into government’s failure to accord adequate remedy to the victims under domestic laws and compensation.
The UNHRC has called the Philippine government’s attention on two cases, that of Navy ensign Philip Pestano and Eden Marcellana, both victims of extrajudicial killings.
Roque said the government’s duty to pay compensation to the victims of the Ampatuan killing is “separate and distinct from the civil damages that the court may order the accused to pay to private complainants.”
By MYLAH REYES-ROQUE
AMPATUAN VICTIMS TO SEEK REDRESS WITH UN COMMITTEE ON HUMAN RIGHTS. 14 Victims signed authority to negotiate a settlement with Ampatuans
On the occasion of the 43rd month commemoration of the Ampatuan massacre, Prof. Harry Roque, Chairman of the Center for International Law and Private Prosecutor of 17 media victims of the massacre, announced that their clients will resort to a filing of a communication with the United Nations Human Rights Committee for the Philippine government’s failure to accord the victims their rights to an adequate remedy under domestic law and compensation.
In at least 2 Views made by the UN Human Rights Committee where the Philippines was found guilty of breaching its obligation to protect and promote the right to life (the Pestano and Marcellana cases) for its failure to seasonable investigate and prosecute the killings of Navy Ensign Philip Pestano and Eden Marcellana, the Committee already declared that the Philippine government owes victims of extralegal killings these two obligations. “Thus far, it’s been almost 4 years and there is still no end in sight to the criminal prosecution of the Ampatuans. In fact, the Philippine government took almost 4 years just to file the information for the 58th victim, Reynaldo Momay. This should give us a clue on how long the criminal proceedings will take,” Roque added
Furthermore, Roque explained that the duty to pay compensation to the victims of the massacre is separate and distinct from the civil damages that the Court may order the accused to pay to the private complainants as part of the judgment in the criminal cases for murders. “The compensation that is due to the victims is because it is the state itself that breached its obligation to protect and promote the right of the victims to live. This includes not just monetary compensation, but also all that may be required tor restore the emotional and psychological well being of the victims. “We still have a pending motion for the Court to order government agencies to provide psycho-social support to the victims. This has not been acted upon but has strangely, given rise to a petition filed by the accused to cite us in contempt allegedly for “prejudging” the merits of the case”, Roque declared.
The need of the victims for compensation has been highlighted by the fact that 14 media victims, including 4 represented by Centerlaw, signed a written authority in February of this for a close associate of the Ampatuans to negotiate a settlement with the accused. Under this scheme, the victims were to sign not just a waiver and quitclaim, but also an affidavit pinning the blame for the massacre to Governor Toto Mangundadatu.
“Unless the Philippine government complies with its duty to pay compensation, the victims will continuously be tempted with schemes that may eventually cause a miscarriage of justice”, Roque said.
Roque asked all media groups and all those adhering to the rule of law to support the communication by filing their own interventions and briefs in due course
From our informant on the ground:
another Pvt armies of d Ampatuan headd by a person known as Kagi Daynga (KD) raidd by CIDG-PNP backup by AFP at Sarip Aguak, Mgd dis morning. KD & his group resisted but he died. encuentro stil going on as of dis time.
per raw info: dead c Kagi Daynga (KD) & 3 co. 6 PNP & AFP woundd. 1 police car nasunog. 1 dead sa mga tao ni Uz Wahid, d base Cmdr of BIAF-MILF ll8th Base Cmd (BC). KD & co s under d protection of ll8th BC.
1. For Interior and Local Government Secretary Mar Roxas- Resolve with dispatch our pending administrative cases against 62 policemen who were also charged criminally for the massacre. We hope Secretary Roxas will fire all 62 of them from the service.
2. For Justice Secretary Leila De Lima- After all 62 policemen have been dismissed from the service, evaluate if these policemen should be dropped from the roster of the accused. Like a broken record, I will say it again: Even the Nuremberg Tribunal prosecuted only 14 of the highest-ranking Nazis for the worse case of genocide in this century. This is because prosecuting 196 accused, the number charged for the Ampatuan massacre, is a sure formula for impunity. This will mean that the prosecution will never end.
3. For Judge Jocelyn Solis-Reyes (covered by a pending motion)- To approve our proposed “First in –First Out” proposal where the introduction of both prosecution and defense evidence against some of the accused, i.e. Unsay Ampatuan, should be allowed.
4. For the Supreme Court, to designate a second Special Court to try the 300 or so motions filed by the parties so that Judge Solis-Reyes can proceed with just reception of evidence.
4. For the nation — Damn our country’s pillars of the criminal justice system for failing to accord justice to the victims of the massacre even after three years, and vow that this will never happen again.
The nerve of Cambodian Prime Minister Hun Sen to say that the Association of Southeast Asian Nations has opted not to internationalize the West Philippine Sea dispute! The group in fact approved no such resolution. If at all, Asean has failed to make any stand on the matter. But this is not to say that it has opted for what China wants: bilateral negotiations.
I have more than enough experience dealing with Chinese media and officials to know what they mean when they say bilateral relations: all tensions will disappear if and when the Philippines admit that it has no title to both the Panatag shoal and the Kalayaan group of Islands. Yes, it’s not enough that we are no match to China either militarily, politically, or economically. Bilateral negotiations mean that surrender is the only way to go for the Philippines.
It was hence but proper for President Noynoy Aquino to uphold the Philippine interest even at the risk of appearing undiplomatic. While Hun Sen was saying falsities, our President bravely stood up and said: “for the record, the Asean route is to the only route for us.” This was immediately after Hun Sen declared that Asean had agreed to negotiate with China on these disputes.
Even if China genuinely wants bilateral talks to peacefully end the West Philippine Sea disputes, why should it involve only two countries? Certainly, Kalayaan is claimed by at least five countries. What happens to the other claimants? And if China is able to show that its claim over the waters in the triangular area between Macclesfield Bank, Panatag, and the Kalayaan group of islands is legal, has not the international community acquired an interest in this dispute because these waters are also one of the world’s busiest shipping routes? Certainly, this fact alone, together with concerns over pollution in this busy route, should warrant a multilateral approach to this dispute.
The fact that Hun Sen was downright pro-China should not come as a surprise. He is one of the remaining despots in the world largely because of his China connection. This despite being part of the Pol Pot regime that committed genocide that is now being prosecuted by the Extraordinary Chambers of Cambodia. Certainly, Hun Sen was not only wrong in what he was saying when he was interrupted by President Aquino. He is also no match to our PNoy in terms of moral stature.
In any case, certainly, internationalizing the dispute should include the option to bring the dispute, at least Panatag, to the compulsory and binding dispute settlement procedure of the UNCLOS. Since, both China and the Philippines have ratified this Convention, the dispute procedure would be mandatory on issues involving any issue of interpretation or application of the Convention. As I have said many times in the past, despite the ill-advised 2009 Archipelagic Baselines Law that appended both the Kalayaan group and Panatag to our territory under the so-called “regime of islands”, the issue of whether Panatag is an island, even if only five very small rocks are permanently above water, or a “rock”, or “geographic formations”, which as held by the International Court of justice pertains to the state that has title or rights over the waters surrounding them, are all issues of interpretation which should be resolved through binding arbitration under UNCLOS. This issue may also be the subject of preliminary measures by the International Tribunal on the Law of the Seas.