Department of Justice Secretary Alberto Agra on Wednesday reversed his April 16 resolution absolving two leaders of the Ampatuan clan from the November 23 Maguindanao massacre.
Statement of the National Union of Journalists of the Philippines
The reversal of the resolution is, doubtless, a welcome development. No thanks, however, to Agra.
Indeed, if anything, all credit for the reversal should go to the families of the victims, their lawyers, the media community, and not least, the state prosecutors and the people in general who rightly railed against the obscenity of what could have been nothing but another ham-fisted attempt by this administration to let political expediency trump the rule of law, as it has done throughout its nine years of existence.
It was clear, as the prosecutors themselves pointed out, that there was no way Agra’s original resolution clearing the two Ampatuans could have been based on his supposed appreciation of the voluminous evidence a mere day after meeting with some of the victims’ relatives to assure them that he had yet to make up his mind.
The immediate and rousing anger that greeted his original decision were a clear enough signal that we would not be robbed of justice for this grievous crime, not just against the press, for whom the Ampatuan massacre was the single worst attack in history, but against the Filipino people and humanity.
If anything, he and his masters really had no choice. Anything short of reversal would have undoubtedly unleashed a firestorm that would sweep them away.
In a 30-page resolution, Agra said he changed his decision after assessing new evidence, including a new witness who testified that suspended Autonomous Region in Muslim Mindanao (ARMM) Gov. Datu Zaldy Ampatuan and acting vice governor of Maguindanao, Datu Akmad “Tato” Ampatuan, participated in a meeting the night before the massacre where the decision was taken to stop the Mangudadatus from filing a certificate of candidacy.
Lawyers for the victims of the 57 people killed in the massacre earlier asked Agra to set aside his resolution dismissing the murder charges against Zaldy and Akmad.
Calls demanding Agra’s resignation were made after he issued the controversial resolution that would free the 2 Ampatuans. His resolution reversed the decision of the prosecutors to include the 2 Ampatuans as among the accused in the massacre case.
In his earlier resolution, the justice secretary cited documents backing the 2 Ampatuans’ alibi that they were not in Maguindanao at the time of the massacre. The documents include plane tickets, phone records and affidavits that showed the 2 were not at the massacre site.
The suspended ARMM governor said he was in Davao City during the supposed meeting while Akmad said he was in his home in Mamasapano.
A new witness, who claims to be a former civilian volunteer of the Ampatuans, told a select group of journalists last April 24 that he saw Zaldy and Akmad Ampatuan meet with the clan’s patriarch Andal Ampatuan, Sr. at his house in Shariff Aguak.
He said the meeting took place around 11 p.m. of November 22, 2009, or the night before the massacre.
“Sabi nila, ano ang meeting dito ama? Sabi ni Datu Andal Ampatuan, nag-meeting ako dito dahil sa politika. Iyong si Mangudadatu, Toto Mangudadatu, mag-file sila ng certificate of candidacy sa Amapatuan, patayin sila. Pati iyong mga kasamahan nila, lahat, ay patayin,” the witness said.
(They asked, ‘What’s the meeting for, father? Datu Andal Ampatuan said, I called for a meeting because of politics. Mangudadatu, Toto Mangudadatu, they will file a certificate of candidacy in Ampatuan. Kill them. Kill all of them.)
The witness said all Ampatuans present at the meeting agreed with the clan’s leader.
He said Andal Ampatuan Sr.’s sons and other lieutenants told him: “Okay ‘yan ama. Nasa likod mo kami (That’s good father. We’re behind you).”
The witness, who is now under the protective custody of the National Bureau of Investigation (NBI), corroborated the testimony of Kenny Dalandag.
Dalandag, who is also in protective custody, was the first witness to admit that he saw Zaldy and his cousin, Akmad, attend the meeting at Ampatuan Sr.’s home on the eve of the massacre. — report from Nelson Lubao, dzMM
Statement of the National Union of Journalists of the Philippines:
Agra reversal proves value of vigilance
Acting justice secretary Alberto Agra’s reversal of his ill-conceived resolution absolving two members of the powerful Ampatuan clan of charges over the November 23 massacre of 58 persons, including 32 of our colleagues, proves both the value of and the continued need for vigilance.
News reports quoted Agra on Wednesday as saying that he is “now convinced insofar as (suspended ARMM governor) Zaldy Ampatuan and (acting Maguindanao vice governor) Datu Akmad Ampatuan are concerned, that there is probable cause to pursue the case against them.”
The reversal of the resolution is, doubtless, a welcome development. No thanks, however, to Agra.
Indeed, if anything, all credit for the reversal should go to the families of the victims, their lawyers, the media community, and not least, the state prosecutors and the people in general who rightly railed against the obscenity of what could have been nothing but another ham-fisted attempt by this administration to let political expediency trump the rule of law, as it has done throughout its nine years of existence.
It was clear, as the prosecutors themselves pointed out, that there was no way Agra’s original resolution clearing the two Ampatuans could have been based on his supposed appreciation of the voluminous evidence a mere day after meeting with some of the victims’ relatives to assure them that he had yet to make up his mind.
The immediate and rousing anger that greeted his original decision were a clear enough signal that we would not be robbed of justice for this grievous crime, not just against the press, for whom the Ampatuan massacre was the single worst attack in history, but against the Filipino people and humanity.
If anything, he and his masters really had no choice. Anything short of reversal would have undoubtedly unleashed a firestorm that would sweep them away.
But this is, as yet, no time to ease up on vigilance. There have been persistent reports of continuing efforts to short cut the judicial process and spring more of the influential suspects.
No, Agra’s reversal does not let him or his masters off the hook yet.
Our demand remains the same. It is time for him and, yes, this administration to step aside and leave the administration of justice in a land too long deprived of it to more honorable men and women.
Malacañang must really be scrambling for something to cover the Comelec disaster stories.
Ellen, Now, you pointed it out, makes absolute sense.
scrambling for something to cover the Comelec disaster stories.
makes absolute sense.
Sanamagan! What a circus indeed.
As in squid tactics to divert our attention from this treasonous Comelec acts.
Waaaa, kahit pa mamatay si Mike Pidal e hindi matatakpan ni Gloria ang circus na kababuyan na ginagawa niya sa Comelec.
Kaya pala hindi binigyan ng bail sina Trillanes, Lim, Querubin at iba pa. Hinati e para magmukhang may compassion ang tangna.
Maganda yan chi. Sacrifice the pig. He can get away with his billions.
They could stage a death, and bury his wax figure (ganyan daw ang ginawa ni Elvis, sabi ng mga conspiracy theorists). So quick getaway yung baboy, mag-pa-plastic surgery (go whole hog, at magpa-enhance ka na rin doon sa weapons department mo), and enjoy his billions in Cartagena, Colombia.
“go whole hog” No pun intended.
Bwahahaha!
Yaks, Sickretary Agra…BOKYA, akala mo nasa pansitan kaming Pinoy ha…maraming kaluluwa ang nananaghaghoy sa karimlan.
Sige ka, mumultuhin ka sa iyong kakengkoyan…ano kang klaseng Abugago, tulad mo din si Simeon Marcelo after all na magholahop sa Ombudsama e nagresigned kuno dahil sa sick daw siya.
Magpakatotoo kayo sa inyong sarili…matakot kayo sa karma!
Agra reveals his decision to exonerate 2 Ampatuans was not in fact a hasty decision, it was deliberate.
daig pa ag lasing nitong mga ito. zig-zag ang takbo ng isip.
Now that the Flip-Flopping Agra kadabra did the about face,he can preceed GMA out of sight in the Administration and let the Trial of the accused begins. And I always say, automation is a hit and miss, until perfection affair…and it sometimes take years and Billions, over budget (and that is without the accompanying secret commissions) and especially with the country’s complex voting process with too many candidates and elected positions at the same ballot, just too short a time to even contemplating it will ever work at all…I was never convinced the comelec can do it. It is either back to Mano-mano or postpone or no-elec.
“go whole hog” No pun intended. – sax
Ows?
Mahirap ipa-plastic surgery si FG. Lalo na sa limbs, TATLO lang kasi ang daliri sa bawat kamay/paa. ROFLMFAO!
Malacañang must really be scrambling for something to cover the Comelec disaster stories. – Ellen
We must not lose focus, we must remain vigilant if we want real governance after this syndicate leaves Malacañang on June 30.
We were taught in computer class Garbage In, Garbage Out (G.I.G.O.). Now Gloria and her lapdogs want to repeal the basic principle of computing to: Garbage In, Bullshit Out (G.I.B.O.)
“Garbage In, Bullshit Out (G.I.B.O.)” – Gloria’s basic principle of computing.
Ayan na, Gloria is testing her leverage to the hilt…baka makalusot pa.
Ang mahirap at di maintindihan, bakit nag-papa-“robots” itong mga, marurunong dyan sa mag-asawang ( maraming titulo or mga bansag )… luma-labas tuloy na parang bali-wala ang pinag-aralan nila, at walang mga prinsipyo…pinabayaang lumpuhin si Juan de La Cruz !!!..katulad nitong si AGRA ( byador )..mahirap na syang paniwalaan ngayon ( na-tupak ang kapangyarihan, DOJ ), dahil wala sa batas at prinsipyo ang gina-gawa. Naka-upo lamang at nagpapadikta, kung anong gagawin sa batas..Biruin mo namang inabswelto ang 2-utak yata ng genocide sa Maguindanao ( ang anak di maaaring sumonod sa ibang kapangyarihan, kundi sa ama lamang. Scripted yoong pag-punta sa Palasyo para mag-cover-up, at tumangi sa ano mang pinag-bibitang…AT MARAMI pang script, na gina-gawa, katulad ng COMOLECT, at possibility ng failure of election…)..Talaga naman, sa Pampanga lang yata mayroon nitong ka-ugalian ( di naman naglalahat, mayroon ding mabubuti at matino, katulad ng grupo ni Gob. Ed.” AMang” Panlilio..Anyway, lets keep praying for a change and good of the country, through good leaders and remaining patriotic politicians ( maybe LP or Np, etc ). Lets elect the good ones, like Gen. D Lim, Col Quirubin, Hontiveros, Sonia Roco, Raffy Biazon, some Magdalo Candidates, Huwag na ang mga TRAPOS, pahinga na sila muna, subukan naman ang mga bagong mukha, or NEW FACES !!!
Ellen is right, let’s focus on Monday election and hang the suckers later.
My impression is that the Ampatuans can no longer deliver the required votes for the Gluerilla regime; thus the about face of Agra, the errand boy.
CenterLaw’s statement
This is reason for Agra to be happy
The recent decision of Acting Secretary Agra reversing his earlier decision to absolve Zaldy and Akmad Ampatuan from multiple charges filed against them for the Maguindanao massacre is a reason for Agra himself to celebrate. Until the reversal, he came close to beating Gloria Macapagal Arroyo’s notoriety as the most hated public officer of the land. His decision will at least ensure that he will now be a distant second to his boss.
But even in his effort to recover flak that he received, he is still full of misrepresentation and half-truths. For instance, he now claims that his reversal of his ruling is not because it was flawed, but because of new witnesses that attested to the fact that both Ampatuans were present during the planning of the massacre. This is the ultimate in “palusot”. Truth to tell is that the testimony of two mother witnesses to this effect are wholly unnecessary because from the very beginning, there was at least one witness that already said this. Surely, for determination of probable cause, which is only defined as the likelihood that a crime was committed and probably by the accused, that lone testimony would have sufficed. In any case, Agra still has to overhaul our jurisprudence that alibi is the weakest defense and cannot prevail as against positive testimony.
Then there is the matter of 55 Million in assistance to the victims. As a pragmatist, I will advice my clients to go ahead and accept assistance freely given by well meaning private individuals and by the state lottery office. The fact needs to be highlighted though that the victims are entitled to compensation from the state as a consequence of the commission of an internationally wrongful act. Here, the breach is that of the duty to protect and promote the right to life since all 197 persons accused of the massacre are all state organs: police, military, auxiliaries, and elected local officials. Money should hence be paid to them as compensation for the state’s breach and not by way of charity.
The timing of the financial assistance is also suspect. It is as if Secretary Agra is paying for the trust of the victims and public, which trust of course, was lost when he issued that earlier resolution. Perhaps, he should be told: trust is earned and cannot be bought.
Anent the pending disbarment case against Secretary Agra, it is in the nature of these complaints that they should not be terminated regardless of a compromise between the parties. The rationale for this is because a person who does not deserve to be a member of the most noble legal profession should not be in it even for a minute if he is undeserving. Reversal or not, the reality remains that he nearly absolved two of the principal suspects in the country’s most heinous atrocity without even the benefit of hearing some of the victims, who were not furnished either copies of the Petitions for review filed by the two Amnpatuans, the right to be heard. This smacks of a blatant disregard of the single most important right of any citizen, that of due process. Lawyers took an oath to uphold and not to violate the constitution that provided for this right. Moreover, the victims have made up their minds: full speed ahead. #30
*Prof. Harry Roque is the counsel for the 14 victims of the Maguindanao massacre.
Gloria had a hand in Agra’s first decision. She still had a hand in Agra’s second decision. She’s got something up her sleeve again.
The fact needs to be highlighted though that the victims are entitled to compensation from the state as a consequence of the commission of an internationally wrongful act. Here, the breach is that of the duty to protect and promote the right to life since all 197 persons accused of the massacre are all state organs: police, military, auxiliaries, and elected local officials. Money should hence be paid to them as compensation for the state’s breach and not by way of charity.
I wonder if there’s been an established legal prescedence/jurisprudence in RP with regard to state compensation to heirs of victims of internationally wrongful act?
Agree with Roque that heirs should accept “financial help” from state owned agencies with no caveats.
In any case, Agra still has to overhaul our jurisprudence that alibi is the weakest defense and cannot prevail as against positive testimony.
If that’s the case, RP jurisprudence has it that alibi is the weakest defence, why on earth did Agra even begin to use it as basis for “absolving” the 2 Ampatuans? Surely, he must know this. Something is infinitely wrong — my thinking is that either he’s an idiot of a lawyer or he was instructed to do it?
Let us not be misled by these developments.
Katulad nang binanggit ko sa kabilang thread, pantakip din lamang ito sa nabuking na engineered cheating na nakakasa sa automotive, este automated polls.
Bagama’t magandang kaganapan ito, mas maigeng itutok ang ating mga mata sa a diyes nitong Mayo.
Huwag nating hayaang manaig ang kampon ng unano!
Gayundin, amukihin ang mga botante sa ikalawang distrito ng Pampanga na huwag iboto si gloria.
Halos sampung taong pagdurusa sa ilalim ng pamumuno ng mga ganid at gahaman ay sapat ng dahilan upang pigilin at hadlangan ang maitim nilang balak na mamayani sa gobyerno habang buhay.
Tama na! Sobra na!
IFJ Demands No Interference in Maguindanao Massacre Trials
The International Federation of Journalists (IFJ) remains deeply worried about the risks of continuing political interference in the trials of those accused of involvement in the Maguindanao massacre in the southern Philippines last November, even as the Philippines Government has reversed its contentious decision to drop charges against two key suspects.
Yesterday, Acting Justice Secretary Alberto Agra was quoted as saying that he is “now convinced insofar as Zaldy Ampatuan and Akmad Ampatuan are concerned, that there is probable cause to pursue the case against them,” according to the National Union of Journalists of the Philippines (NUJP), an IFJ affiliate.
His comments reverse his decision on April 21 to drop murder charges against the pair for their alleged roles in the murder of 58 people, including 32 journalists and media workers, in Maguindanao on November 23.
“The IFJ is outraged that Alberto Agra sought to meddle in the charges against these two key suspects, and demands that authorities in the Philippines ensure that charges relating to the pair – and all other 194 suspects – be fairly tested in court without any political interference,” IFJ Asia-Pacific Director Jacqueline Park said.
Zaldy is Governor of the Autonomous Region in Muslim Mindanao and a brother of Andal Ampatuan Jr, the main suspect in the massacre. Akmad is Vice-Governor of Maguindanao and Andal’s cousin.
Those killed were travelling in convoy to lodge candidacy papers for Ismael “Toto” Mangudadatu to run for Maguindanao governor against the Ampatuans.
According to a report from the NUJP, state prosecutors noted publicly that Agra’s move to drop the charges could not have been based on consideration of the extensive evidence presented against the two accused, and suggested political interference in the judicial process.
In the tense lead-up to national and presidential elections on May 10, the effort to drop the charges angered local and international journalists’ organisations, which noted the Ampatuan family’s support for the Government of Gloria Macapagal-Arroyo, and its involvement in voting irregularities that benefited Arroyo in 2004 and 2007.
“As the election draws near, we further call on all candidates and future power-holders to make a public pledge to take full responsibility for ensuring justice is done, and seen to be done, and that they end the culture of impunity for the killings of journalists in the Philippines,” Park said.