The dismissal by a Quezon City judge of the rebellion case against Maguindanao governor Datu Andal Ampatuan Sr, his son, ARMM governor Zaldy Ampatuan and 22 others should strengthen the case filed by relatives of journalists who were among those killed in the November 23 massacre before the ASEAN Intergovernmental Human Rights Commission (AICHR).
This week, three of the petitioners, Glen Salaysay, son of Cotabato City journalist Napoleon Salaysay, Noemi Parcon, wife of Koronadal City journalist Joel Parcon, and Feulen Sumagang, cousin of UNTV reporter Julito Evardo, were in Jakarta, where the AICHR is based, to follow up on their suit accompanied by their lawyer, Harry Roque of the CenterLaw Philippines.
They were most disgusted to find out that the Arroyo government has taken the stand that the Maguindanao massacre that has shocked the world and earned for the Philippines the distinction of being the most dangerous place for members of media is “a domestic legal issue” and international human rights bodies have no business meddling in.
Roque disagrees.“It cannot be a domestic issue,” he said, “since the Philippine government has violated its obligations under international law to protect the fundamental rights of its citizens, including the right to life. Such rights are embodied in human treaties to which the government is a party.”
In their petition, the victims’ families said the state also violated its “duty not to provide impunity, considering that its very own agents were behind the slaughter and it failed to prevent them from carrying it out.”
Roque cited the request of the Vice Mayor Esmail “Toto” Mangudadatu, the political rival of Ampatuans for protection, not only from the military but from no less than the defense secretary, but didn’t get any.
“It cannot be a domestic issue,” Roque said,since the Philippine government has violated its obligations under international law to protect the fundamental rights of its citizens, including the right to life. Such rights are embodied in human treaties to which the government is a party.
It is common knowledge that Gloria Arroyo has coddled the Ampatuans despite their corruption and shocking human rights records because the warlords manipulated the results of the 2004 elections in her favor which overturned the lead of her rival Fernando Poe, Jr.
In the 2007 elections, it was 12-0 in favor of the administration senatorial candidates.
Roque also cited the interview of one of the gunmen in the massacre who is now willing to testify which described the closeness of Arroyo and the Ampatuans. The prospective witness who is only known as “Jesse” said when Arroyo visited Maguindanao, she called Andal Sr, “Ama” (father) while Andal Jr, who led the killing of at least 53 people on that terrible day of Nov 23, called Arroyo, “Ina” (mother).
Roque’s connection of Arroyo with the Ampatuans is corroborated by Sen. Aquilino Pimentel, Jr who issued a statement saying it was not surprising that the rebellion charges against the Ampatuans were dismissed by a Quezon City judge.
Pimentel said “rebellion” was the wrong charge.” The massacre was pure and simple multiple murders of innocent people” he said.
Pimentel said rebellion charges were intentionally filed first even if any lawyer would have told the government prosecutors there was no evidence that backed them up just so the Arroyo administration would not be suspected of not doing anything to apply the law against “the family who is one of the most useful tools of manipulating the will of the people in their turf in Maguindanao.”
“It was a non-case, filed with deceptive motives, and pursued with hypocritical zeal that the Arroyo government chose to do in order to mislead the people that it was upholding the law even against the warlords it was coddling in the Autonomous Region of Muslim Mindanao,” Pimentel said.
Roque said since the government enjoys immunity from suit it cannot be sued in Philippine courts without its consent. As such, only an international organization such as the AICHR can assume jurisdiction over the Philippines on matters involving violations of certain fundamental freedoms.
Bakit ganu’n?
Matagal din nawala sa balita itong kaso ng mga Amputangnangyan, tapos pagbulaga uli ay hindi na si Judge Jocelyn Solis-Reyes ang dumidinig na bigla namang naging inosente ang mag-aamang halang ang kaluluwa sa sala nitong si Quezon City Judge Vivencio Baclig.
Pambihira talaga ang madyik sa administrasyong ito, oo.
Ang Justiis Department ang nagmamando kung anong walang kuwentang kaso ang ipapataw. ‘Yung alam nilang madaling malusutan katulad nga nitong rebelyon daw.
Tangnang mga ‘yan! Meron ba namang nagrebelde sa mga kahuthutan?
Matagal na nilang plano ‘yan. Pinag-usapan at pinaghandaan. Kasama na ang mga ebidensiyang maglilihis sa kasong maaari nilang panagutan. Ano pa ba ang ibig sabihin ng mga bultong armas at bala? Ng mga armoured vehicles?
Absuwelto na sa rebelyon, maisusulong pa ba ang mass murder na kaso?
Ito namang si Pimentel, humihirit pa, huli na rin.
Para ko nang nakikita ‘yung tumutulong laway sa sulok ng bibig.
Tsk. tsk. tsk.
well, what can you expect on this administration, it is all nothing but lies..they will do anything to protect their own skin..anyway, he is dying, that man you call the evil.. death wiil be the gift for the evil bitch.. who stole the dignity of the filipino people.. pray for our country and to our people, so we all be free again after nine years of nightmare..mabuhay ang pilipinas..!!!
…should strengthen the case filed by relatives of journalists who were among those killed in the November 23 massacre before the ASEAN Intergovernmental Human Rights Commission (AICHR).
Kung napatunayan guilty ang Philippine Government, ano ang pinakamataas na pwdeng ihatol? Bukod kay Gloria, sinu-sino ang dapat managot?
Perl, As I understand it, the families of the victims are seeking compensation from the government. I don’t know of other sanctions. We will ask Atty. Roque when he returns from Jakarta.
Statement of the National Union of Journalists of the Philippines
Statement of Sen. Benigno S. Aquino III:
The dismissal of rebellion charges against the Ampatuans is another delay of justice often seen during the reign of this administration, and again hints that political alliances still hold top priority, even in the face of a gruesome crime.
Clearly, the rebellion charges were questionable from the start and were part of this administration’s charade to justify the inexcusable declaration of martial law in Maguindanao. It was a sham declaration intended to protect and not prosecute the allies of Mrs. Arroyo and to confuse the public as to the real crimes committed by the Ampatuans.
This is a dangerous consequence of making decisions on issues of national interest not on the basis of sound policy and the desire to deliver justice, but on the basis of political survival, allegiances, and populist considerations. It is not responsive to the exigencies of the situation then, and it cheats the people out of the good governance that they deserve. This has to stop now.
The Ampatuan case is just a symptom of the real problem in Mindanao: the proliferation of private armies with the sanction of the Arroyo Administration.
The fact that the charges were weak to begin with shows that the political alliance is still alive. Before you know it, it will be business as usual for the Mrs. Arroyo, the Ampatuans and other politicians who serve her ends.
We call on the PNP and DND to remain true to its constitutional duties, be steadfast, and prevent private armies from thwarting the people’s will in this coming elections.
Hail to the kings and Queens of England!!! The saying that says that the kings and queens can do no wrong is a Sovereign immunity. Generally speaking it is the doctrine that the sovereign or Philippine government cannot commit a legal wrong and is immune from civil suit or criminal prosecution.
I googled sovereign immunity in international law, and I was able to find Sovereign Equality Principle in International Law. It says:
On Noynoy’s statement, it is very naive of him.
the family of the victims must file a civil suit against the ampatuans to get compensation not only for the loss of income but on other tort liabilities. The ampatuan’s criminal act is not a sovereign immunity but a personal crime upon discharge from office against the massacred journalists. The case in criminal law will be state vs the ampatuans. Now it is up the court if it will provide compensation to the victims. This means, it wil be people’s tax. Since we all know that the government is freezing the ampatuans’s asset then the people can demand to release such asset to compensate the families of the victims.
hay naku.. until now? it is clearly first degree murder with life imprisonment x 67 deaths. No if no but.
Thanks Ellen for #7! 😀
Ampatuans managed public
funds like clan’s own purse
http://www.malaya.com.ph/03312010/news6.html
Nakakapagngitngit! Nakakabuwisit!
Ang putangnang bansot na buwayang kapit tuko sa malakanyang ay may alagang buwitreng nananalasa sa Maguindanao.
Saan nga tayo patutungo kung paniniwalaan palagi na walang makapapalit sa putangnang gloria na ‘yan?
Nasaan na si kabayad? Ano’ng masasabi ng mga hudas na nagpatalsik kay Irap, este Erap?
Sumpa ng mga baklang kuba!
Halos sampung taon, mga kababayan. Ganyan kahabang panahon kayong namuhay sa pagtatangatangahan. Ganyan kahabang panahon ninyo pinagkaitan ng maayos na buhay ang inyong mga supling na dapat ay pag-asa ninyo sa inyong katandaan subalit nasaan sila ngayon? Nandoon sa lansangan. Namamalimos ang iba. Nagpuputa ang ilan. Kung hindi naman ay mandurukot o isnatser. Meron ngang nakapag-aral kahit paano ngunit nasaan? Nasa ibayong dagat, namamasukan bilang domestic helper. O, kaya naman ay construction worker.
From Herminio Bautista:
You missed to blame the members of congress who did not even want to look at the evidence against GMA by throwing out the impeachment case (“Hello Garci”).
Had the administration candidates agreed to look at the truth, the Ampatuans would have been unmasked and the massacre prevented. All congressmen who voted to throw out impeachment case are accomplishes of the Ampatuans.
I enjoyed your article immensely.