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2 Ampatuans to go free

by Dona Pazzibugan and Marlon Ramos
Philippine Daily Inquirer

Gloria Arroyo and Zaldy Ampatuan
Gloria Arroyo and Zaldy Ampatuan
The government will drop murder charges against two prominent members of the powerful Ampatuan clan in connection with the November 2009 massacre of 57 people, including 31 media workers, in Maguindanao.

Zaldy Ampatuan, the suspended governor of the Autonomous Region in Muslim Mindanao, and his cousin Akmad Ampatuan, the former acting vice governor of Maguindanao, will be dropped from the list of those accused, Acting Justice Secretary Alberto Agra said Saturday.

The two men were initially alleged to be among the key planners of the massacre that drew condemnation from all over the world.

Agra said he had ordered state prosecutors to exclude Zaldy and Akmad Ampatuan from the information sheet filed before the court, and that the prosecutors would formally inform Quezon City Judge Jocelyn Solis-Reyes that they were not charging the two with murder.

Asked if the two would now be released, Agra said: “It will depend on the judge.”

Zaldy and Akmad Ampatuan were among the family members transferred from detention in General Santos City and Davao City to Camp Bagong Diwa in Bicutan, Taguig City, on Friday night.


The dropping of charges is seen to provoke outrage among the massacre victims’ relatives, who have repeatedly voiced concern that President Gloria Macapagal-Arroyo had secretly intended to protect the Ampatuans because they were longtime political allies.

In February, the prosecution charged that Zaldy, Akmad and other members of the Ampatuan clan conspired to murder the Mangudadatus, their political rivals, who were in a convoy accompanied by lawyers and journalists on Nov. 23.

But Agra said Saturday that there was “no proof of conspiracy,” so he gave weight to Zaldy Ampatuan’s alibi of being elsewhere at the time of the massacre.

He said Zaldy Ampatuan had presented evidence consisting of plane tickets and cell phone records to show that he was not in Maguindanao on Nov. 23, and a witness who testified to that effect.

Agra said there was likewise no proof of conspiracy with regard to Akmad Ampatuan, who, he claimed, was not identified by witness Kenny Dalagdag, was not included in the charge sheet of the National Bureau of Investigation and Philippine National Police, and had an alibi of being part of a medical mission elsewhere at the time of the massacre.

But lawyer Harry Roque, who represents the families of some of the massacre victims, pointed out that “under criminal law, alibi is the weakest form of defense.”

Roque also said witness Dalagdag had testified that Zaldy Ampatuan knew of the plan to kill members of the Mangudadatu clan.

DOJ, Arroyo’s political arm

Roque said the dropping of charges against the two Ampatuans was the handiwork of the President through Agra, who, being a member of the Cabinet, was her “alter ego.”

He said Agra’s decision was “not only erroneous [but also] scandalous.”

“Agra is the alter ego of the President. He can’t do anything without [her] consent. This is Gloria in action,” an upset Roque told the Inquirer.

He added: “It only proves that victims of the massacre will never get justice under the Arroyo administration.”

Roque said the widows of the slain journalists would immediately petition Judge Solis-Reyes to disqualify the state prosecutors from handling the murder case.

He said Agra’s decision could be part of a supposed plan of the administration to use the Ampatuans’ “cheating machineries” to ensure the victory of its national candidates.

“The Department of Justice is acting like the political arm of Ms Arroyo. This is the price of using the cheating machineries of the Ampatuans,” he said.

Transfer hailed

In General Santos, Manuel Reblando, elder brother of slain Manila Bulletin reporter Alejandro “Bong” Reblando, expressed satisfaction that five members of the Ampatuan clan led by patriarch Andal Sr. had been moved from police and military custody to Camp Bagong Diwa.

“We are happy that they were finally brought to a place where they really belong—a maximum-security prison cell,” he said.

Reblando hailed Judge Solis-Reyes for issuing the commitment order that paved the way for the transfer of Andal Sr., his sons Zaldy, Anwar and Sajid, and nephew Akmad to Camp Bagong Diwa, where they joined primary suspect Andal Jr.

He said reporters would now be able to “closely monitor” if the Ampatuans were being given “special treatment.”

Reblando said that under the custody of the Criminal Investigation and Detection Group in General Santos, Zaldy and the other Ampatuans “lived in comfort.” With reports from Aquiles Z. Zonio and Nash Maulana, Inquirer Mindanao; Nina Calleja; and Agence France-Presse

Published inHuman RightsMaguindanao massacre

63 Comments

  1. Mike Mike

    Syempre pakakawalan yang mga yan, malapit na kaya ang election. Kailangan nila ng magic sa Maguindanao paran manalo ang mga manok ni Gloria.

  2. ambilis! walang sinabi ang imbestigasyon nila sa mga tiga Scotland Yard! abswelto agad! unanimous decision ba to? like 12:0 maguindanao decision? hahaha!

  3. Rudolfo Rudolfo

    Pilipino Justice, ay parang ” Utot Justice. Pagsingay ng mabaho, wala na ang lahat-lahat na krimen..Tsktsktsktsk naman!!.
    Sa Pilipinas lang yata mayroon nito, at sa mga bansang malayo sa sibilisasyon sa Afrika…marami ang naka-tutuk sa Justice na ito, nakakadismaya…mayroon yatang mga misyon, bago mag-eleksyon, kaya pina-walang sala…susunod dyan, by reason of insanity, abswelto silang lahat. A big nightmare !!!..isa pang rason, pa-alala sa mga mamahayag na huwag papanig sa
    katutuhanan, dahil damay din sila sa ano mang mangyayari (genocide )…Ito ba ang tinatawag na ” Banana Republic ” sabi nila???…ano kaya ang ” say ” ng mga mamahayag dito, lalo na mga ka-anak ng mga biktima ?? Ipagdasal na lang yata sila, patawarin sa mga di naiintindihang pagkakasala ?.

  4. saxnviolins saxnviolins

    Looks like the matter had already been submitted for resolution by the court, when Zaldy filed his petition for review before Judge Solis-Reyes. It is elementary that when the court steps in, the executive steps out.

    This is a contempt of court, on the part of Andal, who was forum-shopping (going to court and pleading before the Secretary of Justice). It is also contumacious behavior for the department to preempt the court.

    Dito ma-te-test ang independence ni Judge Solis-Reyes. Kung ako lang, I will ask for comments from the parties with regard to the motion to dismiss. I will also ask the DOJ to show cause why they should not be cited in contempt for preempting the court, and ask Andal to show cause why he should not be cited in contempt for forum-shopping.

    The opposing party will be given time to reply to the pleadings of the DOJ and Andal.

    Then she say the matter will be submitted for resolution after reception of the reply. That buys the judge time. By the time she hands down her decision, tapos na ang elections. That’s that for the planned operations.

  5. Rudolfo Rudolfo

    Parang Agra-byado ang mga biktima at mga ka-anak, sa Justice ni Honorable, Bert-“tong Agra” (byado ang justice system ng naka-piring na “babaeng may hawak ng sandata, at balanseng hustisya. Mas matimbang ang nagkasalang maraming salapi, kaysa mga biktima. Scripted yata ito !!! )..Kailan kaya magkaka-roon ng JURY SYSTEM sa Pilipinas, para malitis din ang mga maling hustisya sa Banana Republic, sa prosesong grand and jury trials, katulad sa US )..

  6. Diego K. Guerrero Diego K. Guerrero

    Ampatuans are Gloria Arroyo’s best friends forever. Filing of criminal charges against them is just a show. Halatang-halata ang kanilang drama.

  7. Mike Mike

    Dalawa lang ang nakikita kong pakay ni Gloria sa pagpalaya sa dalawang Ampatuan. Una sa lahat syempre ay ang pagpapanalo sa kandidato niya sa Maguindanao, ngunit ang pinaka importante sa lahat ay ang kayamanan ng mga Ampatuan. Balitang balita na bilyones ang kwarta ng mga Ampatuan na hindi naniniwala sa pagimpok sa banko. Gusto ng mga Pidal na mahawakan ang nakaw na yaman ng mga Ampatuan.

  8. Grabe! Kailan magwawakas ang gabi ng lagim na ito?

  9. Sa palagay ko, hindi uubra kay Judge Jocelyn Solis-Reyes ang decision ni Acting DOJ Secretary Agra na alisin sa listahan ng mga akusado sa Maguindanao Massacre ang 2 Ampatuan. May nag-utos dito kay Agra at palibhasa’y acting lang, sunod-sunuran. Ang kung totoo itong news item na araw ng Sabado at walang opisina, naglabas ng statement si Agra, hindi ba nakakapagtakang lubha na parang minamadali? Hindi na man lamang hinintay ang araw ng Lunes.

    Medyo may tapang itong si Judge Solis-Reyes at hindi siya uurong dito katulad nang hindi niya pag-urong sa paghawak nitong kaso na kinakaharap ng mga Ampatuan. Kung matatandaan natin, yung unang judge na isang lalaki pa naman ay umurong ang…

  10. Misrule of Law is the guiding doctrine of the Republic thanks to Davide, Reyes and all the other idiots…

  11. Gloria and Mindanao’s Talibans are partners in crime — no other way to look at it.

    Goddamn them both!

  12. vic vic

    I don’t know how it works, but a Cabinet Minister (Secretary of Justice) can not even make a phone call to the Office of the Prosecutor regarding a case before the court or he can see his post bye, bye, but that is not in the Philippines I am talking about. Of course the Prosecutors upon further examining the development of the case may ask the court the court to drop the case but before doing so, must consult to all concern the reasons why, not as arbitrary as what the Secretary of Justice had done that will rise to suspicion that something “amiss” BIG TIME and Possibly so…ayayyay…God must be Crazy or Angry..can’t tell now.

  13. sychitpin sychitpin

    another great injustice and great sin by gma ……

  14. koko koko

    Ilan ba ang botante ng ARMM? GMA badly needs their votes para sa kanyang mga party lists,it’s simple as that..soooo disgusting!

  15. srcitizen2000 srcitizen2000

    ellen,
    abogado ba ang secretary of justice? hindi ba niya alam na hindi kailangang nasa scene of the crime ka para maging mastermind ng isang krimen? yun bang mastermind ng dacer-corbito murder ay nasa scene of the crime? yun bang mga druglords ay nasa lugar kung saan nagbebenta ng droga? ang puno ba ng mafia ay nakalantad?

    napakababaw namand dahilan na kom nakapagpakita ka ng plane tiket ay hindi ka na kasama sa krimen? di ba ito rin ang ginawang alibi ni hubert webb? dilat na ba ang mata ng lady justice?

    kawawang pilipinas. goodbye may 10 peaceful and honest election. welcome automated garci. salamat sa mga bobong tuta ni gloria

  16. Statement of the National Union of Journalists of the Philippines

    Forget justice. Forget law. Forget democracy.

    Acting justice secretary Alberto Agra’s order to drop multiple murder charges against Zaldy and Akmad Ampatuan is proof that these principles do not, nay, have never existed under the Arroyo government, that this is governance not through the rule of law but through political expediency.

    It is proof of what we have suspected almost as soon as it became apparent that a clan known to be one of President Gloria Macapagal-Arroyo’s closest allies might be linked to the worst election-related violence in our country’s recent history AND the worst single attack on the media ever – that this administration would do everything within its power to assure they would not be held accountable.

    It is not for us to proclaim the innocence or guilt of either Ampatuan for the November 23 massacre of 58 persons, 32 of them media workers.

    But neither is it for Agra to do so.

    Not after the charges have been formally filed in court. Not after the judge has issued a commitment order against them, for which the two, along with other members of their clan and several of the 197 accused have been transferred to the Camp Bagong Diwa detention center.

    It should now be for the court to judge the innocence or guilt of the 197 persons accused of planning or carrying out the massacre.

    By issuing the order, which incidentally Agra had already announced earlier he was inclined to do, the man supposedly sworn to uphold justice in this country has preempted that prerogative of the court. Agra has hijacked the judicial process and subverted the very justice he should be upholding.

    It does not take legal expertise to know the alibi is the flimsiest defense in a criminal case. And yet Agra has practically pounced on this straw and used it to buttress his assertion that neither Zaldy nor Akmad Ampatuan should be charged because they were not there when the massacre took place.

    But surely, this travesty is not Agra’s doing alone, for he could not have done this without the full knowledge and approval of his principal, Gloria Macapagal-Arroyo.

    We hold Agra and Arroyo, personally, and this administration accountable for this massacre of the principles that define us as a country and as a people – justice, the rule of law, our basic rights, democracy.

    We call on the Filipino people to protest this outrage. More important, we call on the people to demand an accounting. We cannot let this pass. Or we might as well totally forget that we are one country, one people.

  17. Statement of CenterLaw Philippines
    c/o Atty. Harry L. Roque, Jr

    Secretary Agra’s recent decision to exonerate Zaldy and Akmad Ampatuan proves what we have suspected all this time: that we cannot expect justice for the victims under the Arroyo administration.

    Now the families of victims of the gruesome murders have another real worry – their personal safety. They don’t need this aggravation but with two of the killers of their loved ones set free, the families have nowhere to turn to.

    As the International Crisis Group reminds us in a new report on the massacre, the Arroyo administration played a no small role in allowing the Ampatuans to build their own private army and enrich themselves from the public coffers, in exchange for a sure source of votes it can rely on come election day.

    The Arroyo administration is doing what all seasoned political operators are expected to do in situations like this – protect its own kind. To go against its own is to risk its very political survival.

    Secretary Agra exonerated the two Ampatuans on the ground of an alibi. Alibi though is the weakest of all possible defenses. Presence is not indispensible where a crime was committed as part of a conspiracy where the act of one is the act of all. Alabi cannot prevail against positive testimony of a witness that the Governor was part of the planning of the massacre. Surely, Sec. Agra could at least point to a stronger ground as basis for the dismissal of the multiple charges for murder agaisnt Gov. Ampatuan. While there maybe other grounds for the possible dismissal: perhaps, politital; it is not on the basis of law and evidence.

    This dismissal will not deter the 13 familes of victims whom we represent to continue their seach for justice. If not now, then sometime in the future. If not here, then before an international tribunal. One thing is clear though: the victims of the Maguindanao massacre cannot obtain justice under the regime of Mrs, Gloria Arroyo and her minions.

    Thus, the public should take heed the message of the writing on the wall: we cannot afford electing on May 10, 2010 a new government that is for all intents and purposes beholden to the current political dispensation. To do so is to affirm that nothing is wrong with keeping in power the murderous Ampatuan clan.

  18. rose rose

    This just proved what we thought at the start..and sa tingin ko this coming election will simply be a farce..a travesty of our judicial system and our constitution..pinaglalauan lang ni putot at ang kanyang mga aso…seguro ang hirap magaral ng law ngayon with our written laws and constitution..using and citing the current rules of court as a basis to defend…pag sinabi ni putot na maputi ang gilagid ko kahit maitim ang sasabihin ng isang Agra na judge..amen madam!

  19. rose rose

    bakit pa ba tayo magkaroon ng halalan….automated or mano mano or both? si putot pa din ang manalo kahit sino man ang mahalal! lumindol sa Haiti! pumuputok ang volcan sa Iceland..ano naman kaya ang mangyayari sa Phil. come 5/10?gloria forever? long live putot? malungkot tunay!

  20. ocayvalle ocayvalle

    ang justice secretary pala ay si agra.. in short talagang agra byado ang mga biktima ng maguindanao massacre.. what do you expect from this GMA administration, none..!!! this people of GMA must go with her when she step down, including mr bangit the AFP chief of staff..

  21. zen2 zen2

    Para sa isang naghahangad ng lipunang makatao at may pag-papahalaga sa buhay; ako, at kasama ng aking mga mahal sa buhay, ay nakikiisa sa pag kondena sa walang habag na tahasang pakikisawsaw ng mga iligal na okupante ng Malacanang para pawalang-sala ang mga pangunahing utak-suspek sa karumal-dumal na pakyawan masaker sa Maguindanao.

    Hinahamon ko ang lahat ng kandidato sa darating na eleksyon, lalo na’t sa lebel-nasyunal, na kondenahin ang tahasang, at garapalang maniobra ng Malacanang at DOJ para lasunin ang kalabasan ng kaso.

    At isulong ang sistemang pulitikal na magtutuwid sa ganitong uri ng pagmamalabis.

  22. zen2 zen2

    Paano na kaya kung hindi kilala, prominenteng tao na pinagungunahan ng pamilyang Mangudadatu, at mga dose-dosenang manunulat, at reporter ang mga pinaslang.

    Paano na kaya kung mga masugid at determinadong kagawad ng peoples’s organizations o kaya’y ng NGO’s ang mga biktima.

    Paano na kaya kung ang laahat ng komentarista at bloggers sa Ellenville ay pawang mga mukhang rightwingzealots-former employees of the State, na maaring bansagan ang mga biktima na Komunista —-at umaasa na ito ay isang espesyal na visa-katuwiran para takasan ang isang krimen.

    Paano na halimbawa kung ang mga biktima ay isang ordinaryong magsasaka at obrero: mas lalong mabilis na pawawalang sala ang mga utak-suspek—-at lalong walang kasong isasampa kung kabitan lang ang mga biktima ng karton na may katagang Komunista??

    Walang pagsusumano at respeto sa uring manggagawa at magsasaka, pero naghahangad ng Makatao-MakaDiyos-Makabayan na lipunan…,isang dambuhalang kontradiksyon !!

  23. Rudolfo Rudolfo

    Pinag-samasama, ang masasamang-ma-anghang na pangalan.Sa GMA
    admin.

    Macapagal ( makapal )
    Berto ( Ber-TONG )
    Agra ( Arga-byadong mga biktima )
    Arroyo ( Aroy-ong-sakit, talab na talab )
    Dato ( ma-Datong )
    Ampatuan ( Ampau-na mga pamamahala )
    Mikey ( Mikey mouse, ginawang mikey mouse ang gobyerno )
    Asperon ( ass-peron )
    Bolante ( Bolate, ginawang fertilizers )
    Garcilliano ( Hello garci, uli-anin Tayo )
    Melo ( Melong amoy ang Comelec,sa failure of eleksyon)
    Palparan ( Palpak ang mga iyan )
    Bangit ( Bingit ng pamamahala, kung sakali man )
    Manny ( Moneyed na pangalan )
    Perlas ( Perlas na kumikinang )
    Erap ( kay daming Eruption, mabuti-o- di mabuti ).

    Siguro, ang pangalan ng TAO, ay may ka-akmang ” Aura ” or
    di nakikitang kapangyarihang,” frequency ” na sumisingaw, sa kanyang kata-uhan..” eg..Are names have something to do with an individual personality ??..katulad ng sabi, “You are what you eat “…nagtatanong lamang ( sa mystical unknown )..mayroon kayang ugnayan ang pangalan sa katauhan ng TAO ??

  24. dan dan

    Atty Agra maawa ka naman sa pamilya mo na nadadamay sa kahihiyan. Palubog na ang amo mo e gumagawa ka pa ng milagro baka pweding mag isip isip ka naman ng tama kasi ilang linggo na lang wala na kayo sa malacanang so bayaan mo na si Zaldy at si Akmad sa bilibid na makapagpahinga. Baka naman bukas si Andal Sr. at jr. naman ang aabsuweltuhin mo at isisi nyo kay lapulapu ang massacre na kagagawan ng angkan ng Ampatuan. So uulitin ko gumawa ka ng tama may oras pa naman sa kagaya mong honorable kaysa magpagamit ka kay GMA e papalubog na yan. Gayahin mo si Gob.Salceda marunong mag isip ng tama at least di pa huli ang lahat ikaw din. Mag isip ka ha attorney

  25. gusa77 gusa77

    Nasaan na kaya ang mga “TAONG” nagtatag ng Banana Repulic, iyong mga civil societies kuno,gustong maging sikat sa mundo para ipakita ang kanilang katangahan,at sila kaya ngayon ay kasama na nagdurusa at lumuluha,sa idinulot nilang kawalanghiyaan sa ating inang bansa.Buhay pa kaya sila,na nag bigay buhay at hininga sa Reyna ng mga Halimaw, dalawa na ang natigok sa namuno at isa pa ang lumantad upang ipakita ang inyong pagkakamali,sa mahigit na siyam na taon.Labas,mga amigo’t amiga samahan ang natitirang mga pasimuno ng iyong kalapastangahan sa inang bayan.Ngayon ano ang inyong gagawin mga EDSA DOS{devil on service},malaki rin ang inyong pakakasala sa sambayanan.

  26. Rudolfo Rudolfo

    Isa pang pag-tatanong, Nagtatanong lamang ?..Sabi nila, kailangan, mag-pasuri sa NoyNoy sa kalagayan ng pag-iisip ( matino naman sya at magaling mangatuwiran, sa mga debate, at interviews sa TV-TFC )….How about ang mga kalibre ng mga utak na nasa palasyo…at ang mga nasa hukuman, iba pang sangay ng gobterno….saka ang nagmamayabang na nagsalita ng Tupak !..mas parang alanganin nga ang mga utak nila…how about, sa mga utak ng Edsa-2, nagkaluko-luko ( nagkatupak-tupak ang bansa, hanggan sa tawaging, ” Banana Republic ” ( di ba parang resulta ng mga may alanganing pag-iisip ang nangyari sa bansa, dahil sa sobrang pag-iisip na yumaman, at maging bilyonaryo sila…pati na Senado, halos, iisang pamilya na sila…anong katigoriyang kaisipan, sila, di ba mga ” SOBRA “, wala na sa normal na kaisipan ??..dapat isipin or mag-focus tayo sa sitwasyon na ito ( one finger pointing, the 3-pointing at themselves ). tsktsktsk, dumi sa sariling mukha di makita !..

  27. Sige na, pakawalan na ninyo lahat. Isama na pati si Datu Unsay.

    Mga putang ina ninyo!

  28. chi chi

    Huh!, mga animal na yan!

  29. chi chi

    President Gloria Macapagal-Arroyo had nothing to do with the dropping of multiple murder charges against two members of the powerful Ampatuan clan implicated in last year’s massacre of more than 50 people in Maguindanao province, Malacañang said on Sunday. – Gloria’s spokesman Gary Olivar http://www.abs-cbn.news

    Neknek nyo!

  30. chi chi

    MILITARY SAYS:
    10 ‘mutineers’ to be freed

    By Jocelyn Uy, www. inquirer.net

    AFP spokesperson, Lieutenant Colonel Arnulfo Burgos Jr. said Bangit ordered the 10 freed by Monday after a military court deemed them fit for release and had considered their eight-month jail term for various offenses time served.

    The 10 soldiers were identified as Lieutenants James Layug, Eugene Gonzales, Arturo Pascua, Andy Torrato, Manuel Cabochan; Captains Gary Alejano and Dan Orfiano; and First Lieutenants Billy Pascua, Jonnel Sangalang, and Armand Pontejos.

    ___

    Sorry Ellen, hindi makahintay 🙂

    If true, congrats sa inyong sampu!

    Hay, makakampanya rin yata ng personal…

    Ano kaya ang laro ni Bangit?!

    Isama mo na lahat oy, pati si Trillanes at Lim!

  31. Just received this text message:

    In protest to the concerted decision of the Palace and Acting Secretary Alberto Agra to release Zaldy Ampatuan, let us all wear BLACK tomorrow and show this callous government that this grave injustice will not stand and we join the relatives of the massacre victims in their fight for truth and justice!

    Please pass!

  32. The 10 soldiers were identified as Lieutenants James Layug, Eugene Gonzales, Arturo Pascua, Andy Torrato, Manuel Cabochan; Captains Gary Alejano and Dan Orfiano; and First Lieutenants Billy Pascua, Jonnel Sangalang, and Armand Pontejos.

    Talaga! Wow!

    Ok, gentlemen! Now time to get cracking.

  33. Gosh! I hope Bangit didn’t free them on the orders of the vile midget, i.e., because midget and Villar connived believing that freeing these officers would be an asset (against Aquino.)

    Mind you. I don’t really give a fucking shit if they, Gloria and Villar, connived. Once out, I expect Layug and company to give each and every one of them one hell of a fight, Villar or not Villar. The important thing first is to get out there and win and when they’ve won, they can level the playing field.

    (As ever, in war, the principle is one should remain alive to fight another day.)

  34. chi chi

    Me, too, Anna. Basta they are free. I believe in the groups moral courage and fights with or without politicians backing them up. Villar or Noynoy, they are irrelevant to me now as long as this group is kicking and alive.

    Hell yeah! Congratulations again. Your respective families sure are jumping with joy.

  35. Yes, Iill be sposting a story on that in a while.

  36. dan dan

    Ellen wala na ba tayong balita tungkol kay sen. lacson? Paano magiging maligaya mga Arroyo nyan kung di nila makitang naghihirap siya sa bilibid?

  37. Phil Cruz Phil Cruz

    The prosecution of the other Ampatuans depends on the prosecution.

    If they want the Ampatuans to go free or get a light sentence, all they have to do is “manage” the charges and/or the evidences.

    As simple as that.

  38. Statement of the Center for Media Freedom and Responsibility


    The Real Obscenity

    The order of acting Justice Secretary Alberto Agra for state prosecutors to drop the multiple murder charges against Zaldy and Akmad Ampatuan in connection with the Ampatuan Massacre of 2009 has understandably aroused suspicions of political interference.

    Deputy presidential spokesman Gary Olivar has described these suspicions and outright allegations as “an obscenity.” But the real and current obscenity in this country is the fact that the alleged president for whom Olivar speaks has become central to the major issues that beset this country, most particularly that of whether there will be a change in its putrid leadership rather than more of the same despite the 2010 elections.

    Why the country has reached this point is clear: Gloria Macapagal Arroyo has demonstrated time and again that no method is too mean and no tactic too low for her to use in her drive to remain in power, and that includes committing the worst travesties against the very institutions—whether the police, the military or the justice system—that sustain State power.

    Gloria Macapagal Arroyo would rather that the public forget it, but there is no denying that the Ampatuans were, and could still be, her political allies, and that their help could be crucial in insuring the victory of the ruling coalition’s candidates at both the national and local levels.

    The political imperative rather than the legal one is thus evident in Secretary Agra’s attempt to justify his order. His predecessor had ruled that there was “probable cause” that the two Ampatuans were involved in the conspiracy to waylay, abduct and kill the 57 men and women in the Mangudadatu convoy last November 23.

    Whether either Ampatuan or both Ampatuans were actually present during the massacre is an incidental issue. If they were part of the conspiracy, their knowledge of and involvement in its planning constitutes the “probable cause” that Agra’s predecessor concluded existed as far as the two Ampatuans were concerned. It is that which must be established or proven false during the trial. Despite all this Agra still issued the order, thus the universal suspicion that Malacañang had told him to do so.

    But there is not much point in belaboring the obvious. In the face of this most recent outrage against both justice and democracy, the media need to take this issue to the rest of Philippine society, and to bring to the attention of the Filipino people the impending travesty the Arroyo regime is once more poised to commit. The press too needs to support the public prosecutors protesting Agra’s order, and it needs to engage law groups as well as the rest of civil society not only in condemning the order, but even more importantly, in demanding that he recall it. For this the press and everyone else must take to the streets if necessary.

  39. Statement of Kaya Natin Movement for Good Governance and Ethical Leadership

    We strongly condemn the decision of Acting Justice Secretary Agra to remove the two Ampatuans from those being charged with murder.

    We believe that they should face trial and if convicted, they should be ready to face the consequences. Acquitting both of them without even a trial will be a grave travestry of justice and may embolden other criminals to follow suit.

    We appeal to Secretary Agra not to abuse his power for the benefit of the allies of this present administration.

    Pampanga Gov. Ed Panlilio
    Isabela Governor Grace Padaca
    Ifugao Gov Teddy Baguilat
    Naga City Mayor Jesse Robredo
    San Isidro (Nueva Ecija) Mayor Sonia Lorenzo
    Harvey Keh

  40. Statement of Commission on Human Rights chairperson Leila M. de Lima:

    With due respect to the Justice secretary, he has a lot of explaining to do , especially in light of the fact that his own prosecutors are displeased as they apparently disagree with the Secretary’s ruling.

    The situation at DOJ, sensitive, volatile and untenable as it is, is a cause for deep concern.

    CHR reminds government that this case, which has very serious human rights repercussions, should be handled with strictest attention to the facts and legal remedies.

    Government should not give concessions to powerful parties at theexpense of complete, comprehensive legal remedies. We ask — were all parties required to submit responses to the appeal or motion for reconsideration and where those considered? What was the legal basis for overturning a presumably correct preliminary investigation? Why is “probable cause” being supplanted by another standard? Are there considerations, other than legal, which factored in in this highly surprising action on d part of d DOJ Sec?

  41. norpil norpil

    kahit kailan ang mga nag utos ang nakakalibre, ang mga taga sunod ang nadidiin.

  42. saxnviolins saxnviolins

    Inside info:

    Agra was angling for the chairmanship of the COMELEC. When he did not get it, he tried for the chairmanship of the ERB. Na-ducut ni Ducut. He was boxed out of the Sol-Gen position by Devanadera.

    Now maybe he is trying to score points to get a better appointment. But how? Unless the appointment to a position with a term is antedated.

    Or, unless, the appointment will be issued by the beneficiary of the Ampatuan’s operations.

  43. Actually, I wasn’t surprised that this sort of thing happened. There have been snippets of info in the news for quite sometime; that the DOJ formalised it was almost normal.

    That said, I find it absolutely, utterly, completely unacceptable that the DOJ should drop (drop the charges just like that, what on earth are they thinking?) these high-profile suspects in a massacre from the charge sheet who happen to be implicated not “just” in the murder of one rival but a wholesale massacre.

  44. chi chi

    …to the finish line, bffs si Gloria at Ampatuans! No surprise, nada delicadeza talaga si unana.

  45. If I remember rightly, their alibi was they were with Gloria at the time:

    How long were they in personal discussion with Gloria that they couldn’t reply to their phones?

    Alright, we know that phones and other electronic gadgets have to be surrendered prior to entering the bosom of the palace but to say that they were with Gloria while the massacre was happening, inferring that the fellows couldn’t have been giving orders by phone is lame — doesn’t hold water.

    Why? Because I don’t believe they would have stayed for more than a few minutes with Gloria and even if they could prove that were loitering in the bosom of the Palace without their phones it is likely that they would stay put in the palace for say, a couple, a few hours, which would mean that at one point they left the palace past the guards, picked up their phones maybe to smoke a fag (cigarette) to hold that phone conference with the younger Ampatuan.

    If you dissect what’s been reported about this episode — the phone palling bit between father and son, it’s easy to imagine that the father didn’t have to say more than 20 words to get the message/order across or to receive the report of the first stage of the kidnapping and/or that the massacre had already been committed.

    I don’t believe the father or the other is innocent — at that level of operations (mass killing especially involving journalists), it is not difficult to believe that the son would do it without the thumbs up of the father. In other words, there is no way in hell the father wasn’t in on it — operating from a distance.

    One doesn’t have to be Hercule Poirot or Sherlock Holmes to come to this conclusion.

  46. Ooops,

    “I don’t believe the father or the other is innocent — at that level of operations (mass killing especially involving journalists), it is difficult to believe that the son would do it without the thumbs up from the father. In other words, there is no way in hell the father wasn’t in on it — operating from a distance.”

  47. rose rose

    I heard the interview kay Agra…ang sabi niya may basis siya sa kanyang decision…ang tanong ko lang:
    …acting lang siya did he really weigh all the things presented to him? I did not use “facts” presented to him..ganong lang ba ka dali ang mag decide in cases like this? mukhang pagito siya sa Dept. of Justice..anong basis niya?…was he pressured? or did he want to please, the arroyo and the ampatuans? was he paid? or was there a promise to make him the justice secretary..total on leave si Agnes.. kung manalo si Agnes? o kahit matalo..puedeng siya palitan no matter how close she maybe to Fatboy..kailangan kasi sa mga alipores at nagsisilbi kay putot ay FAT…Faithful, Available, Teachable,..narinig ko isang araw sa sermon ng isang pari…Judges should not be politicians…sana mga ganoon sa Phil…”Justice when equal scales she holds is blind” ang sabi..it maybe true sa US pero sa atin ang tanong mga nasa business of being a judge..ano yon? hindi ko nakikita, bulag ako..the scale I have is money..gaano ka bigat ang pera na makuha ko? malungkot!

  48. Btw, I made a mistake, it was I think the brother (who is governor who was in malacanang) — damn! I’m getting so confused.

  49. who was in malacanang at the time of the mass killing.

  50. They all look alike parang kambal na kambing so I’m confused as to who is who and who is where at the time of the mass killing.

    Naknampucha naman!

  51. chi chi

    Hahaha! Parang biniyak na kambing. Basta sa akin e pare-pareho silang Ampatuan, hindi ko sila recognized individually, kriminal kasi lahat.

  52. saxnviolins saxnviolins

    Insulto sa kambing yan. Hindi mamamatay tao ang kambing.

  53. luzviminda luzviminda

    Asan ang mga taong nagmamalasakit sa bayan? Asan ang grupo ng EDSA2? Asan ang mga see-evil society? Demokrasya bang masasabi kung WALANG HUSTISYA? SOBRA NA ITO! BABOY NA BABOY NA!

  54. chi chi

    Ay mali ang analogy, atty sax…pinapatay nga pala ang kambing.

  55. perl perl

    Related topic:
    http://www.gmanews.tv/story/188864/prosecutors-mindanao-pnp-frist-to-know-about-ampatuan-reso

    Police in Mindanao were informed of Justice Secretary Alberto Agra’s decision to clear two Ampatuan clan members from the Nov. 23 Maguindanao massacre ahead of government prosecutors.

    Assistant Chief State Prosecutor Richard Anthony Fadullon disclosed this Tuesday as he continued to question the circumstances surrounding Agra’s controversial decision.

    “Isn’t it surprising our own office was not able to furnish us a copy and some other office in the province calls us up and tells us, ‘Sir totoo bang may resolution na ito’ (Is it not surprising that our own office was not able to furnish us a copy of the resolution, and we learned of it from some other office in the province when it verified the resolution with us)?” Fadullon said in an interview on dwIZ radio.

  56. Statement of the KWKSM (kapisanan ng mga walang kamuwangmuwang sa mundo) or ET (extra terrestrials)… 🙂

    Asan ang mga taong nagmamalasakit sa bayan? Asan ang grupo ng EDSA2? Asan ang mga see-evil society? Demokrasya bang masasabi kung WALANG HUSTISYA? SOBRA NA ITO! BABOY NA BABOY NA!

  57. Rudolfo Rudolfo

    Isang malalim na pananaw ??..baka naman kaya sa ginawang disisyon ni unHon. Bertong Agra,( may-usapan siguro, sila, ang nasa Itaas )para lalong guluhin ang masang Pilipino. At pag-naggulo na, di na maka-pagtimpa ( enhancing unrest ), igawad na nila ang ” temporary “military rule ” or Junta, para di matuloy ang 2010 election..AT sila uli ang mag-hahari sa Palasyo..Isa itong pag-hamon sa matagal na pagkakatulog ki Juan de La Cruz ??..isa lamang malalim na pala-isipan..may-ugat at mahaba yata ang mga “pinag-samahan ng mga sangkot, at ng taga-pagtangol ng genocide ??..di ba ??

  58. tru blue tru blue

    Ooooh Lord Almighty…..da Supreme Court’s Injustices continue to rule da injustice way.

    Christians and Muslims in Mindanao should UNITE and revolt to bring down those who were responsible for the deaths of those innocent lives!

  59. Ang mass murderer of maguidano ay simple JAY WALKING lang pala kay BERTONG AGRABIADO,magkano kaya ang multa ng jaywalking sa kaso ng mga AMPATUWAD GROUP,tsk tsk ATM kaya sa US BANK sa ‘tate,matatalino ngayon ang mga hinayupak,sino ba ang maniniwala ang hindi sila nagbabangko,sa pinas maari,pero in case of eskerdahan blues,bibit lang nila ay ang damit at Plastic monies.ANG FREQUENT TRAVELERS ay kailanman ay di nagdadala ng malaking cash,ganyan din ang magnanakaw ng kaban ng bayan di idinidepsito ng mga nakukurakot sa phil bank alwaays into foriegn finanacial institution para walang bakas.Kaya ang sako at maletang lalagyan ay di na uso ngayon ATM card lang,ayos na ang transaksiyon,no evidence,PIN presto,money,money.sa US bank counter lahat ay may swiping machine for ATM cards any amount you could withdraw as long as not more than 10g,for one transaction.no ID needed basta may PIN.

  60. Insulto sa kambing yan. – Sax

    🙂 Apologies to the kambing…

  61. chi chi

    DOJ chief says Arroyo backs Ampatuans’ release
    abs-cbnNEWS.com as of 04/20/2010 6:54 PM
    Her silence means approval, says Agra

    MANILA, Philippines – Acting Justice Secretary Alberto Agra on Tuesday said he believes President Gloria Macapagal Arroyo is backing his decision to absolve 2 members of the powerful Ampatuan clan of any involvement in the Maguindanao massacre that left 57 people dead.
    __

    Sino ba ang gago na maniniwala na walang alam dyan si Gloria?

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