Maguindanao Massacre case: Palit-Ulo for Ampatuan to turn state witness?

When I was still a police beat reporter, there's a street term for my topic today. When cops arrest a small fry in the drug business, they usually "negotiate" with the suspect to tell his other accomplices. What cops will do is offer him freedom in exchange for telling them the place where a bigger drug personality lives. In street lingo, this is called "palit ulo" or "exchange".


The question is---with these so-called "revelations" being unleashed by former governor and close Arroyo associate Zaldy Ampatuan against his former benefactors, was there a secret "deal" for this Ampatuan to "tell-all" in exchange for his freedom?


I doubt if freedom was the topic of exchange, maybe a little "leeway" or a "loosening" of bonds, so to speak? Maybe some emissaries were sent to some palace official, asking for some "leeway" which we simply can't determine now. Yet, the truth will come out, sooner than later.


Freedom is simply out of the question simply because public outrage will definitely come out of it. The crime the Ampatuans committed was so gruesome and heinous that negotiating for freedom is simply out of synch with political reality.


Maybe, lessening the penalties for the crime? Yet, being a suspect in a crime of conspiracy, the punishment of one is the punishment of all. Zaldy can't simply escape this even with a strong Palaca backer.


How about lessening the period of detention by a presidential pardon? If convicted of the crime of multiple murder, the penalty is life imprisonment. In our jurisdiction, it means 40 years. There are, however, cases where lifers get pardoned by the President. Is this the topic of "exchange"?

Robredo, Lacierda lobbying for ex-Governor Zaldy Ampatuan

At least two (2) high-ranking government officials of the Aquino administration are reportedly lobbying for ex-Governor Zaldy Ampatuan to become a state witness in the Maguindanao massacre.


Lawyer Harry Roque blames Local Government secretary Jessie Robredo and Presidential spokesperson Atty. Ed Lacierda as the ones trying to get the beleaguered Ampatuan closer to the President. Both Cabinet officials issued favorable statements shortly after the news broke of efforts to make Ampatuan a state witness.


Other sources revealed that Peace adviser Teresita Deles and Communications secretary Ricky Carandang are also brokering for Ampatuan, the Philippine Daily Inquirer and the Philippine Star reported.


Roque blames politics for this. He says that these officials are doing this for political reasons, given that Maguindanao was the hub of electoral cheating in 2004. Ampatuan claims to know more of the cheating which former president Gloria Arroyo and her husband did in that elections.


This is totally unfair, not just for the remaining grieving relatives of the victims, but to the entire Filipino Nation. This sends a very wrong signal insofar as justice is concerned.


This means that, in this administration, regardless of what you did in the past, if you know something which is discriminating to the former dispensation, you're free to go if you tattle tale them. If course these scums would suddenly turn coat just to save their hides.


Ampatuan is just as guilty as any other. He should face the music. He should not be made as a state witness, for two (2) reasons: first, based on evidence, Ampatuan is clearly a principal to the crime of conspiring to massacre these people and second, his testimony will not be a major cause of the prosecution's case. The case will stand by itself.

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. 

Ampatuan not responsible for massacre

What will trigger the unrest which will lead to a finalization of the plan called OAM?

A highly credible source told this writer of a plan by Malacanang to release a legal opinion exonerating Unsay mayor Andal Ampatuan Jr. from complicity in the Maguindanao massacre which left 60 or so people killed. The source says a palace lawyer was assigned to write the opinion and is expected to be released on the second week of April, shortly after the Holy week.

This is expected to cause public outrage and justify a government action. The palace, however, is sure that this legal opinion will escape the attention of the public since that would be released at the height of the election period.

Mass murder mastermind Andal Ampatuan Jr. living like a King

The head of our country's Criminal Investigation Division, the top unit responsible for maintaining peace and order in this country, sees nothing wrong with mass murderer Datu Unsay Mayor Andal Ampatuan Jr. enjoying his alleged "incarceration" inside the National Bureau of Investigation (NBI) with catered food and with privileges of using his mobile phone. Witnesses and at least five of my NBI friends saw Datu Unsay living like a King inside the "detention cell", complete with amenities like mobile phones and laptops.

And do you know the reason why almost everybody with a criminal mind flaunts the law everytime? Because many Filipinos, especially those with wealth see the criminal justice system like what the CIDG chief sees it---a system without any system.

Our "justice system" is a system without justice. If you violated the system and you are wealthy, you can enjoy the "perks" while in jail. But, if you violated the system and you are poor, no perks at all. Fact is, you'll be the resident chuwawah, the lowest of the low, of the brigada.

What's the reason why civilized societies created the very concept of "incarceration"? It is to prevent the prisoner from enjoying certain liberties, one such liberty is communication with the outside world. How in the world would this mass murderer even differentiate that of being jailed and that of being outside the cell when he can actually enjoy the perks he had when he was a free man inside the supposed "detention cell"?

Yet, for the chief of the Criminal Investigation Division, nothing wrong with allowing a serial killer, the mastermind of the most gruesome crime ever committed in the history of this country, living la vida loca inside jail.

Nothing wrong with a mass murderer, a friend of the palace, as what former spokesperson Lorelie Fajardo described him, enjoying sumptuous catered food and calling his amigas and amigos while slumped in an air-conditioned cell.

And absolutely no wrong with allowing Andal Ampatuan Jr., the most vicious drug lord and warlord of Maguindanao, living the high life inside the jail. This is not, actually, something new.

Jaloslos, convicted child rapist, had his own resort carved out of Muntinlupa.

High profile inmates such as the killers of a UP student, enjoy spending time gaming and Facebook-ing, inside their kubols in Muntinlupa. 

And who will forget Calauan mayor Armand Sanchez, whose kubol can be likened to a medium-rise condotel?

Laws are supposed to be applied equally. Justice is supposed to be blind in this country. And the scales are supposed to be "balanced" in favor of the truth and of laws.

Here, the scales of justice precariously tilt in favor of the one heavier with gold coins. 

Andal Ampatuan Jr. got a head injury

Datu Unsay mayor Andal Ampatuan Jr. had a mischievous smile on his face when he faced the media for the first time since he was incarcerated and jailed at the NBI headquarters in Manila. He seemed to be taunting the media. One of my friends, whom I will not say, reportedly hit him with the blunt end of his camera. Ric Diaz of the NBI say it was deliberate. So, what Ric? That is too tame for someone as vicious and as bloody thirsty as Andal Jr.

During the preliminary investigation, Andal was photographed yawning. He seemed bored. That shows that he and his group must be planning something and he also seemed to very confident. With a hot-shot lawyer who defended former cops who massacred kidnappers in the late 80's, Andal is probably thinking that he's out of there big-time also.

Nah. I think the gravity of the crime will definitely put Andal behind bars for a long time. Come to think of it, reason why Andal is smiling is, he probably thinks that my term "for the long time", means ten or so years.

If this crime happened in states where there's death penalty, Andal would probably not be smiling as broadly as he was during the hearing.

An injury to Judge Reyes harms Philippine democracy

A woman judge, yes, is being pitted against a brutal serial killer and mass murderer. And her name is Judge Jocelyn Solis-Reyes.

For Datu Unsay Mayor Andal Ampatuan Jr., according to a star witness, has killed and raped women before. The junior Andal has no compunction killing his political enemies and anyone he fancies. In fact, says star witness Abdul, whoever he wishes killed in Maguindanao, is murdered.

Fact is, more than 30 women were killed in that massacre in Shariff Aguak. Some of them were brutally killed, mangled and raped.

People are worried that Reyes will suffer the same fate as those whom the Ampatuans fancied. The brutality of the Ampatuans has been exposed before the world. With this Maguindanao massacre case enjoying global attention, any action against those whom government will use to dispense justice will be a direct affront to the Power of the State and a direct mockery of Philippine democracy.

Judge Reyes reportedly rejected offers of security, even saying that she does not fear the Ampatuans. Reyes has handled numerous heinous crimes before and even suffered an assassination attempt. She, according to reports, is no stranger to death threats. Like Miriam Defensor-Santiago before, Judge Reyes eats death threats for breakfast.

What irony that a woman is now the Judge in this gruesome massacre. That is a direct blow to the machismo image being brandied about by these serial mass murderers.

It remains to be seen, however, if the Ampatuans will respect Judge Reyes. If the Ampatuans harm Reyes, they will be harming the State and all that it represents. It will be a direct affront to democracy and will show the world how reckless the Philippine government regards justice and law. And all hell will break loose.

Gen. Pangilinan: Palawigin ang Batas Militar Hanggang 2010 polls

Hindi pa man nag-iinit ang tumbong ng militar bilang tagapangasiwa ng lalawigan ng Maguindanao, heto na ang isang Major General Gaudencio Pangilinan, AFP Vice Chief of Operations, na nagpapanukalang ipalawig ang martial law hanggang sa eleksyon sa Mayo.

At ito'y walang kagatol-gatol na ipinanukala ni General Pangilinan sa harap ng midya kahapon.

Ayon kay Major General Pangilinan, miyembro ng PMA Class 1978, ipakikita umano ng AFP sa mga Maguindanaoan papaano magkaroon ng isang "clean and credible elections."

Para maisakatuparan umano ito, kailangang mapalawig ang martial law hanggang limang buwan, o tatlong buwan pang dagdag sa dalawang buwang ipinagkaloob ng Saligang-Batas sa Pangulo.

Ito na ang sinasabi kong malaking problema. Dahilan sa tagumpay ng administrasyong ito na maisagawa ang kanilang maitim na balak sa kawalan ng malawakang oposisyon, mukhang nasasarapan na at nangangarap ang isang opisyales militar na gaya ni Pangilinan.

At mukhang ang isang pangarap nitong si Pangilinan ay mapalawig din ang mga lugar na sasakupin ng batas militar. Dahilan sa ipinaglalandakan na rin nitong si Pangilinan na kailangan ang batas militar upang masigurado ang isang malinis at may kredibilidad na halalan.

Nakalimutan siguro ni Pangilinan na HINDI ITO ang punong dahilan bakit naisailalim ang Maguindanao sa batas militar. At kung ito man ang nasasa isip nitong si Pangilinan, ito ay nakapanghihilakbot dahil sa manipistasyon ito ng unti-unting pagkagising ng ilang opisyales de militar sa posibilidad na pamahalaan ang buong bansa sa ilalim ng batas militar.

Mukhang magkakaroon talaga ng batas militar sa mga susunod na linggo.

Martial Law in Maguindanao: What shall we do?

Proclamation 1959 was the third time Martial law was availed of by government as an emergency measure.

The first time was when President Jose P. Laurel, the government caretaker, declared martial rule when foreign invaders entered Manila. The Laurel proclamation was deemed judicious because the country was then under invasion.

The second was the classic Proclamation 1081 on September 21, 1972 by former president Ferdinand Edralin Marcos. The country was not under invasion; rather there was an ensuing rebellion. Under the 1945 Constitution, there were only two instances when Martial law can be declared: invasion, rebellion or insurrection. “ Lawless violence“, this term in the Philippine Constitution describes the condition caused by either invasion or rebellion, but not as an independent condition by itself. There may be lawless violence but the answer is not Martial law but the application of the full force of the law.


In Proclamation 1081, Marcos was actually right in the application of Martial law. There was an existing rebellion. Jose Maria Sison already founded the Communist Party of the Philippines and has since created rebel camps and assassination squads as early as 1970. Student protests were all over. With this rebellion, lawless violence ensued and even affected the capital. Hence, the President had the right to call out the Armed Forces to quell the rebellion.

Remember that these two instances–the Laurel and Marcos proclamations—there were two existing conditions–the country was invaded by a foreign power (Laurel) while there was domestic instability caused by a Communist rebellion (Marcos).


Now, let’s see if this Proclamation 1959 of Mrs. Gloria Macapagal-Arroyo satisfies the requisites as provided by the 1987 Constitution for the declaration of Martial law.

In the 1987 Constitution, there are actually three conditions stated: invasion, rebellion or coup d’etat. Clearly, the Constitution meant for these conditions to be existing prior to a declaration. Martial rule, as a concept, was never meant to be used as either a deterrent nor as a pre-emptive measure. The framers of the Constitution specifically used the word “suppress” to express the real intention of Section 18, Article 7 of the Constitution.


Now, what causes confusion in the interpretation of this provision in the 1987 Constitution?


It is the inclusion of the word “prevent” in the first sentence that gives every President the legal basis for calling out the Armed Forces even if the threat is just “imminent”. Look at how Section 18 was framed:

Section 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to PREVENT or SUPPRESS lawless violence, invasion or rebellion (include coup d’etat)

It is clear that the President has the power to call out the armed forces to address these four conditions. But, is this the paragraph that justifies martial law? No. The second sentence of the same provision is clearly what the Framers actually intended as a condition for the proclamation of martial law.

“…In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus OR place the Philippines or any part thereof under martial law.”

Clearly, there are only TWO conditions, which must exist, BEFORE the President can actually declare martial law—invasion or rebellion.

In the case of Maguindanao, Proclamation 1959 was issued at a time when the military has already neutralized members of the Ampatuan family, believed to be the masterminds behind the brutal massacre. Troops were already in the area and has surrounded the compound of the warlord. Arms were already seized.

In fact, previous press statements of Malacanang issued shortly after the massacre indicates that the situation has been placed under control. When Mrs. Arroyo placed three provinces believed to be under the control of the Ampatuans under the State of Emergency proclamation, the situation in the area normalized and there was no indication that a rebellion was existing nor was there a threat even, of rebellion.


Given that there was no factual basis for the declaration of martial law, what should Congress do at this point?


I do not agree with Speaker Prospero Nograles Jr. assertion that the sentence in Section 18 was just discretionary, not directory. Look at how this sentence was framed:

“…Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members, in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President.”

Two things: President is MANDATED by the Constitution to report to Congress and second, Congress has to CONVENE itself either in regular or SPECIAL SESSION. IN FACT, the Constitution DIRECTS CONGRESS TO IMMEDIATELY CONVENE WITHIN TWENTY FOUR HOURS FOLLOWING THE PROCLAMATION OR SUSPENSION..WITHOUT NEED OF A CALL.


These provisions are DIRECTORY or MANDATORY, not subject to the whims or caprices of the Speaker or of that of the Senate President.


The question really is—when is the proper time for Congress to convene?


If Congress is in session, they must convene within forty eight hours. In the case of Maguindanao, they have to do it as early as Tuesday morning, since the proclamation took effect 7 o’clock in the morning of December 4, which fell on a Saturday. If they are NOT in session, they should have called it by TODAY, Sunday, December 5.


* Note: In computing for a period, the first day is excluded and the last day included. In Article 13 of the Civil Code of the Philippines, it is said, and to wit:

Art. 13. When the law speaks of years, months, days or nights, it shall be understood that years are of three hundred sixty five days each; months, of thirty days; days, of twenty-foiur houses; and nights, from sunset to sunrise.


If months are designated by their name, they shall be computed by the number of days which they respectively have.


In computing a period, the first day shall be excluded and the last day included.

Now, was there legal basis for what Senator Juan Ponce-Enrile said that when it meant 48 hours, that means that it should be working hours, meaning, government offices must be OPEN before he, as Senate President, can CALL and CONVENE the Senate? By all means, NO.


Section 18 of Article 7 of the 1987 Constitution is a directory provision and we are talking here of a suspension of rights and privileges extended to citizens living in a democracy. Are we to wait for government offices to open BEFORE ENRILE calls for his fellow Senators to convene? The Constitution is clear—if not in session, convene even without a call. If they are in session, convene within forty eight hours. Forty eight hours mean that it starts at 7 o-clock in the morning and ends at 7AM in the morning of Tuesday.