Regular Session of the 15th Council, Series of 2010
April 20, 2010 (as transcribed from City Council proceedings)
Madam President, my colleagues in the City Council, friends from the media, ladies and gentlemen, good morning.
I rise on personal and collective privilege, Your Honor, to express my indignation, regarding the recent dropping of murder charges against two prominent members of the Ampatuan clan, in connection with the November 2009 massacre of 57 people in Maguindanao.
In an interview, Justice Secretary Alberto Agra declared that he granted the petition for review of suspended ARMM Governor Zaldy Ampatuan and Mamasapano Mayor Akmad Ampatuan, and ordered the dropping of the multiple murder case against them for lack of evidence, saying that there was no proof that the two have conspired with the others accused of the said crime. He further stated that mere relationship and having the same name does not establish conspiracy. Also, in another news item, Agra expressed that, “While we condemn the killing of the 57 victims of the massacre, nevertheless, media, if not public, outrage cannot be a reason for a sweeping and senseless indictment."
The controversial decision, however, only elicited harsh remarks and criticisms from concerned associations such as the National Prosecution Service, the NUJP and most importantly the families of the victims of the gruesome massacre. Chief State Prosecutor Claro Arellano in protest of Justice Secretary Agra’s resolution, in a statement said, “The Department of Justice is supposed to be the sword and shield of law and order. We are deeply concerned that the resolution will all the more convince a long skeptical public that our criminal justice system is impotent when the accused are politically influential”. Further, he added, “We pray and hope that despite difficulties and setbacks, justice will ultimately be served to the victims of this tragedy. It is along this line that we earnestly and respectfully request Acting Secretary Agra to revisit this resolution". Finally he stressed that, "This is not the role of the DOJ in a preliminary investigation or in a petition for review. This is the sole function of the courts. Our task is merely to determine probable cause”.
Assenting to the statement of Chief State Prosecutor Arellano, the National Union of Journalists of the Philippines (NUJP) states that it is not Agra who must declare the innocence or guilt of the Ampatuans but the court. In a news item, they elaborated that the decision to drop the charges should have been left to the court considering that it has been filed and the commitment order against the suspects has been issued. Moreover, NUJP Secretary General Rowena Paraan said Agra should not only inhibit from the case but should also resign from the DOJ for "hijacking the judicial process and subverting the very justice he should be upholding."
Madam President, I am saddened and discomforted by this incident, Your Honor, of the outright manifestation of the distorted sense of justice that is governing the country at present. I am one with the NUJP in saying that the order of Justice Secretary Agra is clear proof that justice, law, and democracy is elusive in our present government. Seemingly, there is a blatant display of a government which does not operate through the rule of law but through political expediency; that there is a disconcerting perception where the justice system can be easily manipulated and maneuvered by the politically influential; and that the real victims are not given the justice that they deserve.
Your Honor, it may be true that we lack neither the authority nor the power to decide on the innocence or guilt of the Ampatuans. Conversely, neither does Justice Secretary Agra. As NUJP stated in their statement, “By issuing the order, the man supposedly sworn to uphold justice in this country has preempted that prerogative of the court”. I will reiterate, Your Honor, NUJP’s statement saying that, “Agra has hijacked the judicial process and subverted the very justice he should be upholding”.
More significantly, amidst all these controversies and scandals, we must not forget the real victims of the November 23 massacre of 57 persons—the unwilling and innocent families who now appear to be caught in the dirty works of politics. What crime has the family members of the aggrieved politician done to deserve their fate? What crime has the slain journalists, who were only there to cover the filing of candidacy, done to deserve this senseless and gruesome death? Or the persons who happened to pass by at the unfortunate day and time and place?
The relatives of the massacre victims now worry not only for the injustice but also for their safety. Their families are certainly dismayed upon learning of Agra’s decision and expressed their plan to appeal the ruling. It is but unfortunate for them to realize, Your Honor, that two of the very suspects of the crime done to them and their loved ones are being cleared.
I speak, Your Honor, as a leader of this city, as a journalist, as a wife, as a mother, as a citizen of this nation, and empathize with those who still believe that there is still hope for justice in our country. I call on the Filipino people to condemn this latest atrocity. Let us remain vigilant and express our deepest and strongest sentiments, unceasingly and relentlessly as history unfolds. For if not, Your Honor, I fear the next generation of Filipinos would have neither respect nor love for our country and the people and institutions that govern it.
Thank you very much Your Honor, and maayong buntag kanatong tanan.
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