57 buhay kapalit ng kapirangot na impormasyon?

Kasalukuyang nasasa heart center si dating Maguindanao governor at suspect sa Ampatuan massacre na si Zaldy Ampatuan. Batay sa ulat, marami daw dinadamdam ang nasabing masaker suspek. Tanong: pahiwatig ba ito sa kanyang dating boss na si Gloria Arroyo na nagdurugo ang kanyang puso dahil para siyang kuting na iniwan nito?


Kung ano man ang dinadamdam ni Ampatuan, makatarungan sigurong manatili siya sa kulungan. Yan ang kabayaran ng mga taong nagkakasala o maski naman ng mga taong napaghihinalaan pa lamang na nagkasala.


Yan ang dikta ng ating batas. Yan din ang dapat respetuhin at ipatupad.


Kung ordinaryong detainee lamang siguro si Ampatuan, baka nagpadala na lamang ng doktor sa kanyang selda ang pamahalaan. Ngunit, hindi ito ang nangyayari.


Kuntodo deny ang Malakanyang na mayroong kasunduan sa pagitan ng pamahalaan at si Zaldy Ampatuan. Ngunit, kitang kita ang biglaang pagbabago sa pribilehiyong ibinibigay ng pamahalaan sa dating gobernador.


Mahalagang asset daw ng pamahalaan itong si Ampatuan, maraming nalalaman na maaaring maglagay sa kulungan sa dating pangulong Arroyo sampu ng mga alipores nito. 


Ang tanong naman--kung ang impormasyon naman ni Ampatuan ay hinggil lamang sa dayaan sa halalan, makatarungan bang ipagpalit dito ang limamput pitong buhay na nalagas dulot ng kasakiman sa kapangyarihan?


Kung may timbangan, mas mabigat ba ang testimonya ng isang kasapakat sa kasalanan kasa paghingi ng katarungan ng limamput pitong naulila ng mga mahal sa buhay?


Masama ding ehemplo ang ipinapakita ng mga eksenang ito na sangkot si Ampatuan at ang administrasyong Aquino---mahihilom ba ng isang mali ang isang naging kamalian at kabuktutan? 


Alam na ng lahat na isang pekeng pangulo si Arroyo mula ng dinaya nito ang mga halalang 2004 at 2007. Hindi na rin bago sa pandinig ng masa na nagpalitan ng pera  at ginamit ng dating administrasyon ang buwis ng madla upang manatili ito sa kapangyarihan.


Kung hindi naman ganoon kahalaga ang sasabihin ng mga Ampatuan, bakit kailangang isawalang bahala ang katarungan?

Ampatuan Massacre a year old today---Justice for all Victims!

The Inquirer reported that despite the change in the political leadership, despite the presence of the military and despite the detention of most of the senior leaders of the Ampatuan clan, the dreaded family continues to exert a major influence in the lives of the people.


How would that be possible, when most of the heads of the Ampatuan clan are incarcerated? The people in Maguindanao said the Ampatuans order their men to attack thru cellphones. 


A year ago, a massacre has been committed, one that is so gruesome, it made headlines throughout the world. That massacre made headline fodder in most of the world's respected newspapers. 


Women were attacked, brutally hacked to death, and some violated. In the laws of Islam, such brutality merits an equal brutality. Yet, the Ampatuans who were charged of masterminding the massacre remain alive. Had the movers and shakers allowed rido, this would have been resolved a long time ago.


Rido is something alien to the mostly Western-thinking Filipinos in Metro Manila but a highly respected practice of resolving disputes in Muslim communities. Based on the Shariah, rido is seen as legal.


Two things: first, I appeal to our Pious Muslim brothers and sisters to help their fellow Muslims in Maguindanao shake off the continuing influence of the Ampatuan criminal clan in this province. 


Talk with the Moro Islamic Liberation Front (MILF) leadership in Maguindanao who are reported to have given sanctuary to the remaining members of the criminal clan. The MILF should try these criminals based on the laws of the Qu'ran and merit their penalty based on their respective crimes. Or, if the MILF would not do it, hand these men to the proper authorities for proper processing. 


Second, fight off the Ampatuan clan. You owe it to Allah SWT for doing so. Islam should be thicker than bloodlines. If they are really the ones who perpetuated this pre-Islamic thing, then, Pious Muslims should be the ones who must stand up against them, fight them, and prosecute them. Make them accountable to the Justice of Allah SWT.


To Pious Muslims, why is it that it is your duty now to fight the Ampatuan clan? 


First off, it was the act of the Prophet Muhammad (PBUH) to fight off the pre-Islamic or non-Islamic tribes during his day. The Ampatuan clan has violated many of the laws of the Qu'ran and has acted like gods in that province. They have committed shirk which is haram in Islam. 


Second, re-institute the worship of ALLAH SWT alone in Maguindanao. Because of the cruelty and the warlordism of this family, it hindered many Muslims from the true worship of ALLAH SWT. By that alone, that is reason for Pious Ones to undertake a struggle against them. 

Justice, according to Alberto AGRA (Now known as Agra's Alibi)

OUTGOING JUSTICE SECRETARY ALBERTO AGRA (thank God he's on his ignominious way out) blames Atty. Harry Roque for the death of Swaib Upham, the man whom many called "Jesse". Agra said Roque did not formally "turn-over" Upham to the DOJ, hence, he was not placed under the Government Witness Protection Program (WPP), that's why he was killed. Agra also said (and he said this before Ted Failon and Pinky Webb over at DZMM) that Upham is NOT a state witness because he, himself is an accused and they are "choosy" over whom to get as state witnesses against the Ampatuan massacre case. Agra said Upham might "disrupt" the government case and what kind of "disruption" is Agra referring to? Agra surmised that Upham might be a "planted one".

So, that, my friends, is the logic of Agra. Or, to many, Agra's alibi.

Agra is mimicking Pontius Pilate, washing his hands over the bloody murder of Jesse. He felt compelled to go on a national media tour to tell the whole world that he has nothing to do with the brutal assasination. Jesse is not under our custody, hence, we don't owe anybody an apology. Plain and simple logic.

Probably when Agra was taking his freshman law courses over at the Ateneo, he forgot to take his Legal ethics course. Or, he simply skipped that over knowing that the First Gentleman's classmate is the one lecturing the course.

Or, he probably failed to read the mandate of his department and the very words used to describe the department which he heads---JUSTICE.

For Agra, it is not the responsibility of the Justice department to investigate, let alone, asked for othe material witnesses in this controversial case against the Ampatuans. For Agra, it is unusual for his department to pursue other leads that may improve their chances of prosecution. The police investigation report is probably enough for Agra to prosecute his friends. Or, those spread of photos showing scenes too gruesome even for late night entertainment.

It is AGRA's opinion that the ones they have are enough to take the Ampatuans to the guillotine, even that of History. And another Jesse will just "spoil the broth", so to speak.

When I was at the Ateneo studying law, my ethics and even my criminal law professors always emphasize the duty of a lawyer to know the truth. And that the truth has many facets. Lawyers are like private investigators or puzzle solvers--they need to have even the slightest curiosity of what really happened. They should not be satisfied with just a cursory knowledge of a case--they should at least have the overall picture to determine a judicious rendering of a particular case.

Three months after Jesse went on air, exposing what he knew about the massacre and the Department of "Justice" did not even give him the courtesy of a call. Nor, did they ever tell the would-be state witness that government has adequate resources to protect him from the Ampatuan's swift arm of injustice.

Fact is---the Ampatuans and their sympathizers are even faster than government. It took them just three months before they finally catch up with Jesse and took his life. With his death comes the dissolution of an aspect of the truth. We may never know what really happened in that November 23 massacre.

And even if Jesse was one of those who killed those hapless victims, and probably disqualified him from being a state witness, his life is still material to the state, even for research purposes. Is the state not interested in pricking the mind of a hired killer? Even for that alone, the DOJ should have placed him under the government's custody.

The death of Jesse will be in Agra's memory for years to come. Whatever Agra thinks, this assassination is on his conscience. No amount of crocodile tears shed in public will erase his blood on Agra's hands. Agra will have to live knowing that he was party to a gruesome crime when he failed to protect Jesse. So much for an alibi.

I challenge Agra to wear black today

I challenge Justice secretary Alberto Agra to wear black today, even just to prove that he has no dandruff. If he wears his favorite color, which is orange, then, so be it. At least that's the color of the shirt he will be wearing once the term of this administration ends by June.

Agra should be ashamed for what he did, and to think that he was once a law professor of the Ateneo.

How could alibi be used to fully extinguish culpability for a crime? Alibi is a very weak defense tactic. In People vs. Mosquerra (G.R. No. 129209, August 9, 2001), the Supreme Court ruled that:

Accused defense of [sic] alibi is not worthy of belief. It has been repeatedly ruled that alibi is a weak defense as it is easy to concoct and fabricate. It become weaker in the face of the positive identification of the accused by an eye witnesses [sic] with no improper motive to falsely testify. More, it is not sufficient for the accused to alleged [sic] that he was away from the scene of the crime at the time of its commission. He must also present a clear and convincing proof that it is physically impossible for him to be at the locus criminis while the crime is in progress. That physical impossibility is not present in this case. The records show that Jimmy Mosquerra's residence is about one and a half (1½) kilometers away from the crime scene. . . . Its distance could be negotiated in just a few minutes only, especially, when one uses a motor vehicle which is of common use for travel today.

Nothing is more settled in criminal law jurisprudence than that denial and alibi cannot prevail over the positive and categorical testimony of the witness. Denial is an intrinsically weak defense which must be buttressed with strong evidence of non-culpability to merit credibility. Alibi is an inherently weak defense, which is viewed with suspicion and received with caution because it can easily be fabricated.For alibi to prosper, appellant must prove not only that he was at some other place when the crime was committed but that it was physically impossible for him to be at the locus criminis at the time of its commission.

Agra, as both Solicitor General and DOJ secretary at the same time, should probably know this--that alibi is not an affirmative defense.

What is most surprising is this---former Justice secretary Raul Gonzales was even the one who provided ARMM governor Zaldy Ampatuan his alibi by saying that the accused was inside Malacanang palace while the crime was being committed in Datu Shariff Aguak town in Maguindanao.

In a conspiracy, the conspirators can actually be in some other place while a crime is being committed. For example, in this case, there is a higher probability that the masterminds of the crime were simply not there when the crime was committed. Conspiracy, in Philippine jurisprudence, is defined as an act committed by a band who, conspiring together, committed a crime. According to court records, Ampatuan is one of the conspirators. And being accused of such, the only possible and strongest reason for his acquittal is simply an affirmative defense, meaning, it should be proved beyond reasonable doubt that Ampatuan was never even there or he did not even know the plan of his other relatives against their political enemy.

I doubt it if Zaldy did not even know the plan to cause harm against the Mangundadatus. As a government official, it is the responsibility of the person who heard or know of some conspiracy to report such to the authorities. Zaldy should have been at least held liable for not acting on an information which he probably knew or received prior to the commission of the crime. And since this will still be heard before a court of law, at least Agra should have given the victims of the crime some latitude knowing that the crime was committed by a group of people, not by one individual.







In People vs. Bulasag (GR. no. 172869, 28 July 2008), it is ruled that:

Lacson: Dismissal of rebellion case, first of many to exculpate the Ampatuans from complicity in the Ampatuan massacre

As what this writer wrote several posts ago, the Maguindanao massacre case will be dismissed before the Holy week and attempts at formally closing the case will happen after this period, or on the second week of April. Now, it happened. Though Malacanang wants to lead efforts to appeal for reconsideration, just to appease rising public anger, the palace ruse fell by the wayside. Evidently, the dismissal of the case was actually brought by Arroyo herself when she declared martial law and charged the Ampatuans with rebellion.

The question remains--what happens then to the other case, that of multiple murder?

Atty. Alex Lacson is the first to articulate the question that lingers in the minds of many--since the rebellion case was dismissed, what happens now to the pieces of evidence recovered by the military? Will the prosecution still use them as additional evidence in the multiple murder case? Or will the court then just dump these pieces of evidence?

Lacson believes that this dismissal is just the first of many attempts by this administration to assist their strongest political ally in Mindanao. As we know, the Ampatuans know of many secrets about the Arroyos particularly that so-called Hello Garci operations.