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Ampatuan massacre

Breach of chain of command?

Its now apparent that in an effort to shield President Aquino from blame in the death of the SAF 44, administration spin doctors have been pinning the blame for the fiasco on both former PNP Chief Alan Purisima and SAF Chief Getulio Napenas. Of course the two, undoubtedly, have lots to answer for. But palace spin masters would now want us to believe that only the two should be held responsible for the fiasco.

This cannot be the case. While palace supporters belabor the point that both allegedly “broke the chain of command” when they did not inform DILG Secretary Mar Roxas and PNP OIC Leonardo Espina about Oplan Exodus, the reality is the two did not have to. To begin with, Mar Roxas is not part of the chain of command. As DILG Secretary, his involvement with the PNP is only as Chairman of the National Police Commission. This means he has supervision over the PNP only to the extent that he should ensure that the police are doing their job. He does not have control, operational or otherwise, because this clearly belongs to the Chief PNP and the other officers in the PNP hierarchy. In law, control means the power to substitute a superior’s discretion to those of his subordinates.

Anent OIC Espina, the truth is that there cannot also be a breach of the chain of command there precisely because rightfully or not, General Purisima was reporting to the President, the ultimate Commander-in-Chief. Moreover, although he was suspended, the reality is that he remained the Chief of the PNP and the highest-ranking officer of the police force.

What does this mean? Simply put, the buck stops with the President. Perhaps, we can fault both Purisima and Napenas for failing to comply with the President’s directive to coordinate with the Armed Forces. This can amount to insubordination and gross negligence. But because the President himself authorized the mission on a “time-on-target” basis, this means that liability for the fiasco rests on the President himself.

Time-on-target is military jargon when the means and methods of a mission have been agreed upon even if the actual date of implementation is not known. This also means that others on the field will be informed when the mission is implemented. Make no mistake about it. The decision to invade the MILF lair to capture two high-level terrorists on a time-on-target basis as implemented by the SAF was a decision of the President himself. Full stop.

In any case, the on-going Senate investigation has also confirmed many of our worst fears. To begin with, there is the fact that the Armed Forces should and could have sent in reinforcements but did not. So far, the justification of AFP Chief of Staff Gregorio Pio Catapang, whom I want jailed for indirect contempt of Court, is because “the PNP did not ask for reinforcement”. Ergo, the Chief of Staff, who has not been shy about his Senate aspirations- wants, in the words of one senator, “ a drowning man to cry for help”. In reality, when one is drowning, one is already unable to utter a word and hence the failure to seek assistance.

The situation was no different from when the Maguindanao massacre took place. In 2009, the AFP leadership in the same area  turned down the request of the murdered journalists for military assistance in covering the ill-fated filing of Esmael Mangudadatu’s certificate of candidacy. Moreover, even after knowing about the build-up of Ampatuan supporters in the intersection where the victims of the massacre where rounded up, the same military leadership did not do anything even as to inquire why there was a build up consisting of heavily armed men in an area where there is an  on-going armed conflict. In other words, the AFP did nothing- then and now-  because they opted to turn blind eyes and deaf ears to their colleagues from the PNP.

The more interesting question now is: “Why?” Well, on the basis of the Senate hearing, Senate wannabe Catapang said that it was because of the peace process. And pray tell me: who told the Chief of Staff that he could play God to determine that the SAF 44 should die so that Ging Deles and Miriam Ferrer could gloat that they were responsible for peace in Mindanao? Utterly ridiculous, absurd, and even insane!

So what now? Well, in ancient times this was an instance that would merit the rolling out of the guillotine. Fortunately for all the misfits responsible for the untimely heroism of the SAF44, public indignation appears more painful today than the guillotine. And yes, they deserve it!

Statement of Professor Harry L. Roque, Jr. and the Center for International Law (Centerlaw) Philippines on allegation of bribery

CENTERLAW PRESS STATEMENT
Reference: Professor Harry L. Roque, Jr. 09175398096

This current scandal has the sole purpose of destroying the prosecution and derailing the conviction of the Ampatuans. I will not fall into it. I will not allow myself to be used as a tool in this attempt to derail.

In this fight to bring justice to the 58 victims of the Ampatuan massacre, we are up against somebody who has all the resources to do everything to derail the case and prevent the conviction of the Ampatuans. We will not be derailed.

Since they came up with this story about bribes, I ask the police, the NBI, the Ombudsman, and the AMLA and all the proper authorities to resolve these accusations because this should not get in the way of our mission. Our mission is to bring justice to the massacred journalist and the other Ampatuan victims.

While investigation is being done, I will continue prosecuting the cases against the Ampatuans. This is for the cause of press freedom, this is for the mission. I want justice for the victims.

Our mission is to give the Ampatuan victims swift justice. People say that the trial will take more than 10 years to finish. We want justice now. This is our mission for the fallen journalists and the civilian victims of the massacre.

I expect more ploys to derail us, but I assure the victims that we will be steadfast in our mission and we will deliver the justice that the victims deserve. To the victims, we have a strong case, we will obtain convictions against the perpetrators of these dastardly crimes.

No conflict between Public and Private Prosecutors in Ampatuan Massacre Case: It’s a conflict between Attys Nena Santos ,Prima Quinsayas and everyone else Ref. Prof. H. Harry L. Roque, Jr. 09175398096

“There’s no conflict between the public and private prosecutors in the Ampatuan massacre case. The conflict is between Attys Nena Santos and Prima Quinsayas and everyone else”, this was the reaction of Prof. H. Harry L. Roque, Jr., private prosecutor for 15 media victims in the massacre.

Roque was reacting to the statement of Atty Nena Santos, counsel for Governor Toto Mangundadatu, that a conflict exists between the public and private prosecutors.

Atty Santos has been objecting to the action of the Public Prosecutors in resting its evidence versus 28 of the accused, including Andal Ampatuan Jr aka “Unsay “. Roque added: “We cannot join her in this objection because it was upon our instance that the Supreme Court allowed the system of “First in-First Out” that allows the prosecution to rest its case against some of the 194 accused without waiting for the presentation of the evidence against all of the accused. It was pursuant to this that the prosecutors partially rested its evidence against 28 of the accused.

Roque explained that this is without prejudice to the prosecution resting their evidence against Andal Sr and Gov. Zaldy Ampatuan when all pending incidents in the appellate courts are finally decided upon.

Roque explained that they moved the Regional Trial Court to adopt the “First in First out policy” so that there can be partial promulgation of judgment against some of the accused , hopefully including the Ampatuan patriarch and his two sons, before the end of the administration of President Noynoy Aquino. Roque declared: “for all the President’s fault, we know that he does not owe any debt of gratitude to the Ampatuans. We’re not sure the next President can claim this much”.

Roque, Chair of the Center for International Law (Centerlaw) filed a motion before the Regional Trial Court to adopt the :”First in First Out Policy’. This was denied by the Trial Court but later provided by the Supreme Court in its guidelines for the Trial of Ampatuan Massacre Case.

Scenarios for the accused

Now that it appears imminent that the Motion for Reconsideration from a finding of probable cause against “Tanda”, “Sexy” and “Pogi” would be dismissed, what are some of the likely scenarios that may happen soon? First, on the issue of how the three Information will be heard by the Sandiganbayan, it is certain that these […] More →

World Press Freedom day

It was sad that the annual commemoration of the right that has enabled democracy to exist, freedom of the press, came and went without any form of commemoration in the Philippines. Not only that, instead of a fitting celebration, PNoy himself appeared to have belittled the value of a free press when he responded, on […] More →

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 […] More →

SUGGESTIONS ON HOW TO HASTEN THE “TRIAL OF THE CENTURY”

As we commemorate TODAY the third year anniversary of the ghastly Ampatuan massacre, let me reiterate my proposals to hasten the prosecution of the so-called trial of the century: 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 […] More →

The nerve of Hun Sen

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 […] More →

A blow to freedom of the press

In an en banc resolution signed by its clerk of court, the Supreme Court reversed itself on the issue of live media coverage of the Ampatuan massacre case. In its earlier decision, the court belittled the accused’s argument that live coverage will imperil his right to be presumed innocent since it will amount to a […] More →

The one hundred and second

545 views Good news to the families of the 58 victims of the infamous Maguindanao massacre. Shortly after the 1000th day anniversary of the massacre, Datu Ulo Ampatuan, brother of recently arrested and injured Ipeh Ampatuan, son of Anwar Ampatuan, grandson of Andal Ampatuan Sr, became the 102nd suspect to finally be apprehended for the […] More →

Ampatuan victims versus Arroyo

     At 2:15 yesterday afternoon, 15 victims of the Ampatuan massacre filed a P15-million damage suit versus Gloria Macapagal-Arroyo. The victims had three causes of action: one, aiding and abetting the Ampatuans for the massacre; two, violation of their constitutional rights (the rights to life and freedom of the press of the victims); and […] More →

Moro-Moro

The moro-moro is back. It’s now playing in Malacañang and its lead star is Zaldy Ampatuan. It’s entitled: “give me immunity and I will tell you the truth”.First, there is the attempt to mislead. Zaldy Ampatuan, co-accused in 58 counts of murder in a massacre that has the notoriety of being attributed to his family […] More →

VIP treatment

It happened last Thursday, the day when this column is regularly published. The prosecution has at least four witnesses ready, three of whom we were going to present as private prosecutors. While Cipriana Gatchalian, wife of slain journalists Santos “Jun” Gatchalian was scheduled to testify, Joseph Jubelag was not. Joseph could have been the 33rd […] More →