cmfr philippine press freedom report 2009

Philippine Press Freedom

Report 2009Center for Media Freedom and Responsibility

Center for Media Freedom and Responsibility:

Philippine Press Freedom Report 2009

Published with the support of the

Network Media Program, Open Society Institute

Copyright © 2010

By the Center for Media Freedom and Responsibility

ISSN 1908-8299

All rights reserved. No part of this publication may be reproduced

in any form or by electronic or mechanical means, including

information storage and retrieval systems, without permission

in writing from the publisher.

iii

Acknowledgments

A grant from the Network Media Program of the

Open Society Institute made this publication possible.

Melinda Quintos De Jesus

Publisher

Luis V. Teodoro

Editor

Melinda Quintos De Jesus

Leo Dacera III

Prima Jesusa B. Quinsayas

Melanie Y. Pinlac

Writers

Melanie Y. Pinlac

Editorial assistant

Design Plus

Cover and layout design

Lito Ocampo

Melanie Y. Pinlac

Photos

v

Contents

The Year That Was in the Philippine Press 1

The Ampatuan Massacre: More Than Crime 15

The Ampatuan Trial: Resolutions Pending 27

Impunity in the Philippines 37

The Prosecution and the Media: Getting Their Act Together 45

Protecting Witnesses for the Prosecution 51

List of Work-related Killings of Journalists 56

and Media Workers Since 1986 71

vii

Foreword

THE KILLING OF 32 journalists and media workers in a single incident on

Nov. 23, 2009 shocked both foreign observers as well as most Filipinos.

But as has been remarked mostly on hindsight, the slaughter was an

atrocity waiting to happen.

The killing of journalists had after all been taking place with such regularity

since 1986 that they were in danger of receding into the realms of forgetfulness

to which too many Filipinos relegate crimes and other atrocities that defy

remedy and understanding. Before Nov. 23, out of 81 killings since 1986, only

three had been solved, and only partially in that the masterminds had yet

to be tried and even arrested. Not only this sorry record encourages further

killings. The resulting resignation and hopelessness among Filipinos that the

killers of journalists and their masterminds can ever be brought to justice is

also a self-fulfi lling prophecy that helps sustain the culture of impunity.

Largely unremarked in the media as well as in public discourse was the

return of warlordism due to the feudal relations that obtain in the Philippine

countryside. Those relations make the co-optation by local offi cials of the

government-funded militias and even police and military offi cers and men

inevitable, as does the corruption that allows the same offi cials to use

government funds to arm their private armies—and, even more importantly,

the Arroyo regime’s toleration of such warlord clans as the Ampatuans in

exchange for their support in keeping the regime in power through various

means.

So certain were the perpetrators of the November 23 massacre of high-

level protection that they hardly bothered to hide their intent as well as the

actual crime itself. After all, it was in furtherance of their remaining in power

themselves—the necessary condition for them to provide the votes the

regime needs in May 2010 as in 2004 and 2007—that they killed at least 57

men and women, of whom 32 were journalists and media workers, who were

traveling to the provincial offi ce of the Commission on Elections to fi le the

certifi cate of candidacy for Maguindanao governor of Esmael Mangudadatu,

whose wife and women relatives were among those brutally murdered.

viii

The killing of journalists in the Philippines is thus driven not only by local

interests who fear exposure, and a crime sustained by a weak justice system;

it is also symptomatic of a fl awed political and social structure democratic in

form but authoritarian in substance.

The present Report, made possible by the support of the Open Society Institute,

looks into the complexities of media defense within the particularities of the

Philippine context, and provides the details of yet another year in which,

because of the killing of journalists, press freedom remains under siege in the

Philippines, with the diff erence that because of the November 23 Massacre,

holding the line in defense of that freedom has become even more urgent.

1

The Year That Was in the Philippine Press

The Year That Was in thePhilippine Press

2

PHILIPPINE PRESS FREEDOM REPORT 2009

THE AMPATUAN MASSACRE of 2009 is one more indication of the

failure of democratic institutions in the Philippines. The massacre of at

least 57 men and women including 32 journalists and media workers

demonstrate the utter disrespect for freedom of the press and for the electoral

process by powerful fi gures in the Philippine political arena.

The 32 journalists/media workers were covering the fi ling of the certifi cate of

candidacy by Buluan town Vice-mayor Esmael “Toto” Mangudadatu in the town

of Shariff Aguak. They joined the convoy headed by Mangudadatu’s wife, Bai

Genalin, to the Commission of Elections satellite offi ce in Shariff Aguak. But before

reaching Shariff Aguak, the convoy was stopped and the 57 brutally murdered by

armed men allegedly headed by Datu Andal “Unsay” Ampatuan Jr.

Ampatuan would have been the rival of Toto Mangudadatu in the gubernatorial

race for Maguindanao in May 2010. (For more information on the murder case

against Unsay, please visit http://www.cmfr-phil.org/ampatuanwatch/.)

A number of media organizations and journalists’ groups have warned

practitioners of a spike in the number of attacks against journalists and

media workers as the 2010 elections, the fi rst fully automated elections in

the Philippines, approached. Some of the killings of journalists in 2009 could

in fact have also been election-related, the elections being, among other

characteristics, crucial for the agenda of both the Arroyo regime and the

reform candidates challenging it.

Other Incidents

Four other radio broadcasters were killed in 2009. CMFR research suggests

that most of these incidents could also have been politically-motivated or

election-related.

On Christmas eve 2009, a gunman on a motorcycle shot Ismael Pasigna—one

of the anchors of the local government-funded blocktime program “South

Express Balita”—while he was on his way to work in Labason, Zamboanga

del Norte at around 6:55 a.m. (local time). The incident happened around

30 kilometers from the house of town mayor Wilfredo Balais, where Pasigna

had come from. Balais said Pasigna usually passed by his house before going

3


to the radio station. A murder complaint has already been fi led against the

alleged gunman.

Neneng, Pasigna’s widow, said that there was a possibility that the killing

could be related to her husband’s radio work. Neneng said Pasigna had aired

over radio a controversy regarding the fi ling of a certifi cate of candidacy by a

political party in Zamboanga del Norte.

Balais believes the incident to be politically-motivated. He claims that he

received an anonymous text message after the killing of Pasigna saying that he

would be the next victim. Both Pasigna and Balais are members of the Alliance

Party for Progress, a local political party in Zamboanga del Norte. In a Jan. 13,

2010 interview, Police Inspector Chamber Lacay also said police investigation

suggests that the incident was election-related.

The other journalists killed in 2009 were Mindoro Occidental lawyer-

broadcaster Crispin Perez, who was killed on June 9; Surigao del Sur

broadcaster Godofredo Linao, killed on July 27; and Misamis Occidental

broadcaster Ernesto Rollin, Feb. 3. (The Linao, Perez and Rollin cases have

been fi led before local courts. PO1 Darwin Quimoyog, the alleged gunman in

the killing of Perez, was arraigned last Feb.19, 2010.)

Aside from being killed, however, journalists and media workers were also

attacked and threatened in 2009. For example, on March 5, 2009, Cagayan de

Oro City-based Nilo Labares barely escaped death after a gunman shot him

in the back. Labares, the head reporter of dxCC-Radio Mindanao Network ,

was known for his crusade against illegal gambling in Cagayan de Oro City.

Labares has identifi ed the gunman, who is allegedly in the pay of a local

gambling lord.

Some Victories

There were some victories in the fi ght against impunity in the year 2009.

The killers in the killing of two journalists were convicted last year. Before

these two convictions, only in the cases of Edgar Damalerio, Marlene Esperat

and George Benaojan had gunmen been convicted since President Gloria

Macapagal Arroyo came to power in 2001.

4


In a decision dated Nov. 24, 2009, Branch 6 Judge Hipolito Bael Jr. of the

Regional Trial Court (RTC) in Dipolog City found accused Robert “Wangyu” Woo

guilty in the murder of Zamboanga del Norte broadcaster Klein Cantoneros.

Cantoneros was killed on May 4, 2005 in Dipolog City by three assailants on a

motorcycle.

Woo was sentenced to a maximum imprisonment of 14 years, eight months

and one day and was asked by the court to pay a death indemnity of P50,000,

actual damages of P167,000, and moral damages of P50,000 to the family of

Cantoneros. Woo was charged with “Murder Qualifi ed by Treachery, Evident

Premeditation and Abuse of Superior Strength”.

Also in 2009, the RTC of Digos City convicted Joy Anticamara for the 2006

killing of radio broadcaster Armando Pace. But the charge against Anticamara

had been downgraded to homicide because the prosecution had failed to

prove evident premeditation and the aggravating circumstance of the use of

a motorcycle. Evident premeditation pertains to “a fi nding that the accused

made a decision to commit the crime prior to the moment of its execution

and that this decision was the result of meditation, calculation or refl ection,

or persistent attempt (People v. Carillo, 77 Phil 579).”

Pace was killed on July 18, 2006 minutes after he signed off from his dxDS-

Radyo Ukay program “Ukadyang”, slang in Davao for “ukaya” which means “stir

up”. Pace was shot thrice by two men on a black motorcycle in Digos City,

Davao del Sur.

Note that several cases of murder have been transferred to safer trial venues after

the Supreme Court, through its Court Administrators, approved the requests of

the families of slain journalists and of the Freedom Fund for Filipino Journalists

(FFFJ) in 2009. These include the murder cases of Esperat, Dennis Cuesta and of

the attempted murder case against the attacker of broadcaster Labares.

Arrest Failures

Despite the issuance and re-issuance of arrest warrants against some of the

alleged masterminds and killers of journalists, media practitioners and media

workers, many remain free.

5


The failure of the Philippine National Police (PNP) to arrest the suspects

and accused persons has been noted and criticized by media practitioners

and press freedom organizations. This prompted Arroyo to order during a

meeting with media organizations last year the formation of “dedicated

tracker teams” for each suspect in the killings of journalists. During a

meeting with the representatives of media groups, the PNP Task Force Usig

secretariat headed by Major Henry Libay said that the tracker teams were

functional. Nonetheless, the press has still to see any result of the work of

the tracker teams, especially in the cases of Cuesta where the suspect has

been seen freely roaming General Santos City and of Esperat, where the

alleged masterminds are said to be in Cotabato City, and who in fact have

been reported to have returned to work.

Meanwhile, throughout the year, Presidential Task Force Against Political

Violence (popularly known as TF 211) had been announcing its speedy

resolution of cases by simply fi ling charges against suspects.

Arrests Hampered

Despite frequent announcements that the authorities would arrest the

alleged masterminds in the killing of Esperat, in December 2009 the Court of

Appeals in Cagayan De Oro City issued a preliminary injunction prohibiting

the serving of the warrants of arrest against suspects Osmeña Montañer and

Estrella Sabay. A preliminary injunction, according to Rule 58 of the Rules of

Court, is “an order granted at any stage of an action prior to the fi nal judgment,

requiring a person to refrain from a particular act.”

In a resolution by Associate Justice Elihu A. Ybañez, the Twenty-fi rst Division

of the Court of Appeals of Cagayan de Oro City stopped the implementation

of the October 2008 arrest warrant issued by Tacurong City RTC Judge Milanio

Guerrero against Montañer and Sabay.

Esperat was killed on March 24, 2005 in front of her children in her home in

Tacurong City, Sultan Kudarat province. The gunman and his accomplice pled

guilty and were sentenced in October 2006. More than two years later, the

prosecutors fi led murder charges against Montañer and Sabay who allegedly

masterminded the killing to retaliate for Esperat’s exposes of corruption in the

Department of Agriculture in Region XII.

6


Meanwhile, the case against the alleged gunman in the killing of Fernando

Lintuan was acquitted by the RTC Davao after the prosecution failed to present

additional evidence against the accused. Lintuan was killed by a gunman on

Dec. 24, 2007 in Davao City.

Legal Harassment

Even as the government claims victories in what it describes as a crusade for a

better press environment, many powerful offi cials and personalities have also

been harassing journalists through legal suits.

The case of Joaquin Briones, journalist and publisher of a community

newspaper in Masbate, escaped the attention of the Manila-based media

advocacy organizations. In 2000, Briones was sentenced in absentia and spent

more than fi ve years in prison, serving longer than Alexander Adonis, whose

case was the fi rst known case of a media practitioner’s being imprisoned in a

libel case. Briones was given parole in 2005.

Four years after his parole, Briones and Ronnie Valladores, a columnist in

the Masbate Tribune, are facing several counts of libel before a local court in

Masbate. Briones was the former publisher of the Masbate Tribune.

These libel cases were fi led by Masbate Vice Governor Vicente Homer Revil and

by the board of directors, employees and the lawyer of the Masbate Electric

Cooperative (MASELCO) against Briones and Valladores.

The libel complaint fi led by Revil stemmed from Valladores’s column on the

questionable issuance of an environmental compliance certifi cation by the

Department of Environment and Natural Resources (DENR) to a contractor of

a coal-powered plant. The columnist criticized Revil’s failure to send to DENR

the Provincial Board resolution against the construction of a coal-powered

plant due to technical diffi culties (e.g. the supposed lack of ink printer at his

offi ce).

The board of directors, employees and the lawyer of the MASELCO on the

other hand fi led three separate libel complaints for Valladores’s column on the

poor services rendered by the company published in the Masbate Tribune.

7


Briones and Valladores were arraigned for the libel cases fi led by MASELCO

in January 2010. Meanwhile, they fi led a petition before the DOJ Manila to

review the local prosecutor’s recommendation to fi le Revil’s libel complaint

before a local court.

Aside from legal harassment, some government agencies have “infringed” on

the right to information. Last September 2009, the Offi ce of the Ombudsman

suddenly drew up stringent rules regulating the release of the Statements of

Assets and Liabilities and Networth (SALN) of government offi cials after reports

on the alleged undeclared wealth of the Arroyos appeared in the media. In

its Memorandum Circular 95-13, the Offi ce of the Ombudsman said “Where

the purpose stated is contrary to morals or public policy, or is commercial in

nature other than by news and communications media for dissemination to

the general public, the request shall be denied outright.”

Journalists and other groups have pointed out that these guidelines infringe on

the right of the public to access public documents such as SALNs. The Manila

broadsheet Philippine Daily Inquirer in one of its editorials last September

2009 said: “The memorandum is unconstitutional and undemocratic.

Unconstitutional because the Constitution recognizes ‘the right of the

people to information on matters of public concern.’ Undemocratic because

information is the oxygen of democracy; the citizens of a democratic nation

cannot form intelligent opinions and make wise decisions unless they have

the necessary information on which they can base their judgment on matters

that aff ect them.”

Legislation

Journalists and media organizations have expressed concern over the approval

by the Senate of its version of a right of reply bill in 2008 and the eagerness of

the House of Representatives to pass its own version in 2009.

Both right of reply bills compel news organizations to publish replies from

news subjects. Most of the provisions in Senate Bill no. 2150 and House Bill no.

3306 are the same, except in the proposed penalties. At one point, the House

version included imprisonment as a penalty when a reply is not published.

The latest House version has removed imprisonment terms and inserted the

phrase “editorial discretion” as a condition for the publication of a reply.

8


Journalists foresee abuse of the right of reply law if passed. Nonoy Espina of

the National Union of Journalists of the Philippines said in a forum on the bills

that a right of reply law is likely to be used to push the political agenda of

some politicians. Espina said: “Once again, press freedom is under siege from

political forces insidiously trying to further their personal agenda, this time

through the legislature. Elections are coming up and enacting this bill into law

will benefi t those who want to defl ect criticism and gain media mileage.”

In several dialogues with politicians, journalist and media organizations were

fi rm in their view that the bill should be rejected. They maintain that a right of

reply law is unnecessary since presenting both sides of an issue and respecting

the right of reply are among the ethical responsibilities of the press.

Meanwhile, the bicameral committee report on the proposed Freedom of

Information (FOI) Act is pending ratifi cation at the House of Representatives.

The Senate ratifi ed the bicameral report in February 2010 before Congress

went into recess. Once ratifi ed by the House, the bicameral committee report

will be forwarded to the President for enactment into law.

In a letter to House Speaker Prospero Nograles, the Right to Know, Right Now,

a network of media organizations and public interest groups pushing for the

passage of the FOI Act, urged the House leadership to prioritize the ratifi cation

of the bicameral committee report on May 31, 2010 when the 14th Congress

resumes sessions.

The network said that “(t)he passage of the Freedom of Information Act is long

overdue. It is a promise to the Filipino people that the Constitution assured in

1987, or 23 years ago, yet. Our people need and truly deserve this law. It is as

well a demand of the times, a vote for good governance, democracy, and the

people’s right to know.”

It added that “(w)hen fi nally signed into law by the President, we have no

doubt that the Freedom of Information Act will be a strategic and most

signifi cant contribution of the 14th Congress to the fundamental renewal of

public institutions in our country.”

9


International Attention

The international community has also raised concern over the problem of

impunity in the killing of and attacks against journalists and media practitioners

in the Philippines.

Last March 2009, the Center for Media Freedom and Responsibility (CMFR)

helped organize the anti-impunity mission of the Southeast Asian Press

Alliance (SEAPA) to the Philippines. The SEAPA anti-impunity mission met

with representatives from the two government task forces supposedly

formed to bring the criminals to justice and to stop the killings—PNP Task

Force Usig and TF 211. They also talked with FFFJ chair and counter-impunity

offi cer Jose L. Pavia, FFFJ legal counsel Prima Jesusa Quinsayas, lawyer Nena

Santos, and some legislators.

Simultaneously, the Committee to Protect Journalists also launched its Global

Impunity Index for 2009 in Manila with the help of CMFR and FFFJ. CMFR also

helped CPJ representatives get in touch with local authorities such as Supreme

Court spokesperson Midas Marquez. They also attended some of the SEAPA

mission’s meetings.

10


CMFR DATABASE ON THE KILLING OF JOURNALISTS/MEDIA PRACTITIONERS IN THE

PHILIPPINES SINCE 1986*(Updated as of January 2010)

The Center for Media Freedom and Responsibility (CMFR) has recorded 167

cases of killing of Filipino journalists/media workers since 1986.

*More detailed information may be accessed

at http://www.cmfr-phil.org/map/index_inline.html

work related114

(68%)

non-work related53

(32%)

All journalists killed since 1986 by Motive


11


Journalists killed in the line of duty since 1986

Of the 167 journalists/media workers killed since 1986, 114 were killed

because of their work. Seventy-six out of the 114 work-related cases

happened during the Arroyo administration (February 2001-present).

The number of journalists/media workers who were killed jumped to 113

after 32 were massacred in Maguindanao in November 2009. With 36

journalists/media workers killed, 2009 had the most number of Filipino

journalists/media workers killed in history.

Journalists/media workers killed in the line of dutyby administration


11

12


Most of the journalists/media workers killed in the line of duty since 1986

were based in the provinces. The Autonomous Region of Muslim Mindanao

registered the most number (34) of work-related killings since 1986.

Filipino journalists/media workers killed in the line of duty by island group

Luzon34

(30%)

Mindanao70

(61%)

Visayas10

(9%)


12

Journalists/media workers killed in the line of duty since 1986by region or place of killing

1

4

10 9

3 46

2 2

11

48

10

3

34

3

13


Filipino journalists/media workers killed in the line of duty by gender

Female8

(7%)

Male106

(93%)

One hundred and six (93 percent) of the 114 journalists/media workers killed

in the line of duty since 1986 were male.

Journalists/media practioners killed in the line of duty since 1986by medium

Most of the journalists and media workers killed in the line of duty worked

solely for print (48 of the 114 or 42 percent), followed by those who worked

for radio (42).

The number of print journalists who were killed increased after the

Maguindanao massacre where most (24 out of the 32 fatalities) were

working solely for print. This includes Reynaldo “Bebot” Momay whose body

has yet to be found.


13

14


The Ampatuan Massacre:More Than Crime

15

The Ampatuan Massacre: More Than Crime

THE MASS MURDER of at least 57 people in Maguindanao province,

including 32 journalists/media workers, and the events that followed

it highlight the weaknesses of Philippine democracy — the lack of

respect for human as well as electoral rights and press freedom by those in

power, and the culture of impunity that thrives in the country. But it was an

attack not only on the media, but also on what has passed for democracy in

the Philippines.

What’s more, the Maguindanao massacre may be a foreboding of what may

happen in the 2010 elections. The massacre happened only three days after

the Commission on Elections (Comelec) offi cially declared open the fi ling of

Certifi cates of Candidacy (CoC) for the 2010 national and local elections. The

fear by media organizations and journalist groups on the possible escalation

of violence against journalists and media practitioners, especially in the

provinces, materialized on the ill-fated day of Nov. 23.

That event made further and even worse violence more possible. But it also

highlights the long-ignored issues of political dynasties and warlords, the

proliferation of private armies in the provinces, and the negligence and lack

of political will of the national government.

What Happened

On Nov. 23, the wife and sisters of Datu Esmael “Toto” Mangudadatu, the

current vice mayor of Buluan town, were supposed to fi le his CoC at Shariff

Aguak, Maguindanao province. Vice-mayor Mangudadatu would be going

head to head against an Ampatuan, the ruling family in Maguindanao, in the

provincial gubernatorial race.

Knowing that the Ampatuans and their allies have run unopposed in the

recent elections in the Autonomous Region of Muslim Mindanao (ARMM),

Mangudadatu’s fi ling was indeed news. Any journalist in the area would cover

this event.

The fact-fi nding and humanitarian mission of the Freedom Fund for Filipino

Journalists (FFFJ), the National Union of Journalists of the Philippines (NUJP)

and MindaNews found that as early as Nov. 20, Vice-mayor Mangudadatu had

16


announced that he would be fi ling his CoC on Nov. 23. Accounts by colleagues

of the slain journalists show that during the Kalimudan festival in Sultan

Kudarat, the Mangudadatus had invited journalists and media practitioners

to cover the fi ling.

An article by Philippine Daily Inquirer correspondent Aquiles Zonio said that

the journalists had raised the issue of security to the Mangudadatus before

leaving Buluan town last Nov. 23. “An intense yet cordial exchange of ideas

ensued as this reporter (Zonio), (Alejandro “Bong”) Reblando and two other

journalists discussed with ARMM Assemblyman Khadafy Mangudadatu the

security concerns and the scenarios that may arise later that day,” he wrote in

his Nov. 24 article. Zonio was one of the three journalists who decided not to

join the convoy.

The Mangudadatus allegedly tried to ask for security support from the

Armed Forces of the Philippines and the Philippine National Police units in

the province. But both law enforcement agencies declined. So instead of Toto

Mangudadatu going to Shariff Aguak to personally fi le his CoC, he decided

to send his wife Bai Genalin “Gigi” Mangudadatu, and sisters Bai Farinah and

Bai Eden instead to fi le the CoC for him, with the journalists and lawyers as

company.

The Mangudadatus in several interviews said no member of the convoy was

armed to avoid any clash with the forces of the Ampatuans. Tension between

the Ampatuans and the Mangudadatus had intensifi ed in the past few months

after Vice-mayor Toto Mangudadatu announced his intention to run against

the Ampatuans in the gubernatorial race.

The Mangudadatu convoy never reached the municipality of Shariff Aguak.

The supposed peaceful fi ling led to the most dreadful event in the Philippines

since the restoration of democracy in the country. The Mangudadatu convoy

and several civilians who were just passing through were intercepted at a

police checkpoint in Ampatuan town and later killed by a private army of 100

men allegedly led by Datu Andal “Unsay” Ampatuan Jr. Worse, the perpetrators

tried to cover up the incident by burying the bodies and cars of the victims in

pits dug with the use of a government-owned backhoe.

17


Unprecedented

The massacre put the Philippines on top of the list of the most dangerous

places for working journalists. In 2009, 36 journalists and media workers were

killed in the line of duty, an unprecedented record in terms of the number

of journalists killed per year in the Philippines or anywhere else. (The count

includes Reynaldo “Bebot” Momay who was killed in the Ampatuan Massacre

but whose body has yet to be found, and Ismael Pasigna, a radio blocktimer in

Zamboanga del Norte who was killed on Dec. 24, 2009.)

The Center for Media Freedom and Responsibility (CMFR) had monitored

three work-related cases before the massacre. The year 2009 would have been

one of the years with a relative low number of killings since Gloria Macapagal

Arroyo became president in 2001. Before 2009, the highest number of work-

related killings was in 2004, an election year, when eight journalists/media

practitioners were killed in separate incidents. (CMFR has pointed out that

two of three cases before the Ampatuan Massacre were possibly election-

related. Broadcaster-lawyer Crispin Perez and broadcaster Godofredo Linao

were known critics of local politicians in their respective provinces. Both Perez

and Linao had been government offi cials.)

Thirty-two of the 36 journalists/media workers killed in the line of duty in 2009

were from the Ampatuan Massacre. Based on the data gathered by the FFFJ-

NUJP-MindaNews fact-fi nding and humanitarian mission to Maguindanao,

16 Mindanao-based publications, a television station, four radio stations, and

one wire agency lost employees. Three of these 16 publications were part

of the publishing house of Freddie Solinap, the publisher and editor of the

Koronodal City-based weekly Periodico Ini.

Solinap had no idea his staff would be joining the Mangudadatus in fi ling the

CoCs. “’Yun lang ang araw na hindi sila nagpaalam. Pagdating ko na lang sa

opisina doon ko na nalaman (That was the only time they did not inform me.

When I arrived at the offi ce, that’s when I learned about it),” Solinap told CMFR

in an interview last Dec. 4.

“Naintindihan ko na hindi sila nagpaalam kasi biglaan ‘yung pag-invite sa kanila

(I understand that they were not able to inform me because the invitation was

unexpected).”

18


Solinap’s business operations have been paralyzed. He plans to change the

name of his Periodico Ini after some time. “Kapag kasi ‘Periodico Ini’ pa rin, hindi

ako makakatrabaho. Maaala-ala ko ang mga tao kong namatay (If the name

remains ‘Periodico Ini,’ I will not be able to work. I will always remember my

staff members who died).”

Almost all the staff members of his three newspapers were killed in the

massacre, including his circulation manager Noel Decena for Rapido, his

account executive for Periodico Ini Fernando “Ranny” Razon and his associate

editor Rey Merisco.

Solinap is assisting the families of his staff members. When the families

expressed concern about and fear in pursuing the case, Solinap said: “Bakit

tayo matakot? Tayo na ang namatayan, tayo pa ang matakot? Dapat sila ang

matakot (Why should we be afraid? We are the ones who have lost loved ones,

and we are the ones are afraid? It is them who should be afraid).”

Unnecessary Response

But fi nding justice for the victims will not be easy, as in the other cases of

journalists/media practitioners killed in the Philippines.

Seemingly without any other recourse, the national government opted to put

the provinces of Maguindanao and Sultan Kudarat as well as Cotabato City

under its favorite remedy, a state of emergency, to allegedly solve the massacre.

But a few days after, perhaps wanting to quickly discourage the notion that

her government was not too enthusiastic in fi nding and prosecuting the killers

and masterminds, Arroyo signed Presidential Proclamation no. 1959 which

placed the two provinces and the city under martial rule and suspended the

privilege of the writ of habeas corpus.

But rather than solve the problem of private armies and lawlessness, which

the regime itself had tolerated, the declaration of martial law succeeded in

overshadowing the issue of legal diffi culties in pinning down the suspects

and masterminds in the Ampatuan Massacre.

For example, the alleged mishandling of the evidence and the crime scene

was sidetracked by the ensuing debate over the legality and intent of the

19


declaration. Several groups including the fact-fi nding team of the FFFJ-NUJP-

MindaNews saw how poorly law enforcement agencies and other agencies

involved treated the scene.

In its report, the FFFJ-NUJP-MindaNews fact-fi nding team said that “The

retrieval team from the military and police was clearly assigned to achieve

only one task: get the bodies out. There was little or no consideration given

to preserving the evidence. There was little or no consideration given to avoid

the contamination of the crime scene.”

But the attention of the public and the press was focused on what the Armed

Forces of the Philippines was doing in Maguindanao—the fi ling of rebellion

charges against the Ampatuans, the invitations for Gov. Zaldy Ampatuan and

Datu Andal Ampatuan Sr. and the raids on the houses of the Ampatuans in

Maguindanao and Davao.

Media’s Response

As always, civil society and media had to fi ll the gaps left behind by the

government.

Local media organizations immediately organized themselves to respond

to the needs of the victims of the Maguindanao massacre. Last Nov. 29,

several media organizations including CMFR, NUJP, the Kapisanan ng mga

Brodkaster ng Pilipinas (KBP, Association of Broadcasters of the Philippines)

and the Philippine Press Institute (PPI) formed the November 23 Movement.

The November 23 Movement is a loose coalition calling for an independent

investigation into the massacre in Maguindanao.

Countrywide, NUJP and its chapters held protest actions to show support for

the families and colleagues of the slain journalists and media workers.

Meanwhile, international media organizations and press freedom advocates

joined the protests against the massacre in Maguindanao and called for a

speedy resolution of the case.

Forty-seven members of the International Freedom of Expression eXchange

signed a petition calling for a swift and comprehensive investigation into the

20


Maguindanao massacre. In the letter addressed to Philippine authorities, the

group said: “Whatever the motives, the Philippine government must work

swiftly and with urgency to bring the perpetrators of this heinous crime to

justice. Beyond what is attributed to election-related violence and the reality

of ‘warlordism’ in the Philippines, we urge the Philippine government to

address the larger problem of impunity that festers in Philippine society. It

is this environment, where violence and crime go unpunished, that leads to

tragedies such as what befell our colleagues in Maguindanao. It is the same

toxic environment for which the government itself must be held accountable

and should take responsibility.”

Media and civil society organizations around the world led by the International

Federation of Journalists held protests on Dec. 9, which was the Global Day

of Action against Impunity. As early as Nov. 24, the Alliance of Independent

Journalists in Indonesia had rallied in front of the Philippine Embassy in Jakarta

to condemn the massacre.

Several missions to Maguindanao have also been activated after the massacre

to observe the investigations and to provide legal and fi nancial support to the

families of the victims.

Humanitarian Assistance

Aside from protest actions, several media organizations also off ered

humanitarian and legal assistance to the families of the slain journalists.

The FFFJ has coordinated with several international organizations like the

Committee to Protect Journalists and the Open Society Institute for possible

assistance to the victims’ loved ones and to the progress of the cases against

the alleged perpetrators.

The NUJP has off ered to include the children of slain journalists in its scholarship

program and are working with child psychologists to help the families deal

with the trauma. NUJP is also coordinating with the Inquirer.

Employees of the GMA-7 news and public aff airs department have donated

more than a million pesos to the FFFJ specifi cally to be used in assisting the

21


families of the victims of the Maguindanao Massacre. The Lopez Foundation

also gave P1 million pesos to FFFJ for the same purpose.

The ABS-CBN Bantay Bata Foundation has set aside P1 million pesos for the

education of children. Mabuting Pilipino, a non-government organization

which “advocates good governance, national discipline and transparency in

government,” also off ered college scholarships.

Legal updates

As of February 2010, Quezon City RTC Judge Jocelyn Solis Reyes has indefi nitely

postponed the bail proceedings until she has decided on the defense’s motion

for recusation asking her to inhibit from hearing the case.

A total of 197 persons including Unsay, his father Andal Sr. and brothers are

facing multiple murder cases before the RTC Quezon City Branch 221. The

Department of Justice has fi led a total of 57 counts of murder against the

alleged perpetrators.

22


PROFILE OF THE 32 MEDIA WORKERS KILLED IN THE NOVEMBER 23 AMPATUAN MASSACRE

(Updated as of Jan. 18, 2010)

Scene of the Crime Operatives recovered 57 bodies. Thirty-one of the 57

bodies recovered in the site of the Ampatuan Massacre (or 54 percent) were

those of media workers.

Please note that the graphs in the next two pages include Momay, making the count 32

journalists/media workers.

Victims of the Ampatuan Massacre

Based on interviews with the families and colleagues of the victims, the

fact-fi nding and humanitarian mission of the Freedom Fund for Filipino

Journalists, the online news magazine MindaNews, and the National

Union of Journalists of the Philippines confi rmed the identities of 32 out

of the alleged 34 journalists/media workers who supposedly joined the

Mangudadatu convoy to Shariff Aguak. The 32 slain journalists/media

workers include Midland Review’s Reynaldo “Bebot” Momay whose body is

still missing. (His dentures were found at the crime scene.)

Mangudadatus and

civilians26

(46%)

Media workers31

(54%)

22


23

The Ampatuan Trial: Resolutions Pending

Media Victims by GenderFemale

4(12%)

Male28

(88%)

Twenty-eight of the 32 media practitioners (or 88 percent) killed were male.

Four were female.

Most of the media practitioners killed were based in General Santos City (15

out of the 32 or 47 percent).

By Place of Residence

15

10

1 1 1

4

23


24


Victims by Medium

Seventy-fi ve percent (or 24) of the media practitioners killed were working

solely for print news organizations.

News organizations aff ected

Most of the journalists killed worked for Mindanao-based newspapers

(16). Some of the journalists/media workers killed worked for two news

organizations.

Only one victim, Alejandro “Bong” Reblando, worked for a wire agency

(stringer of Reuters) and the Manila Bulletin. All UNTV General Santos City

staff who joined were killed.

24


16

25


26


The Ampatuan Trial:Resolutions Pending

27


THE INVESTIGATION ON the November 23 massacre of at least 57 persons

has led to the fi ling of charges against Datu Andal “Unsay” Ampatuan

Jr. and other members of the Ampatuan clan including their patriarch

Andal Sr.

The Ampatuans, the leading political clan in Maguindanao province and in

the Autonomous Region of Muslim Mindanao (ARMM), have held crucial

positions, elective or otherwise, in the government for the past decade.

The Ampatuans—who have run unopposed in Maguindanao for several

elections—are believed to have built a powerful private army and have had a

huge infl uence over other politicians in the region. They are also believed to

be staunch political allies of Gloria Macapagal Arroyo and allegedly helped

her win the 2004 presidential elections.

The Multiple Murder Case Against Unsay

The testimonies of witnesses and evidence gathered by the prosecution allege

that Datu Unsay led around 100 armed men in the abduction and killing last

Nov. 23 of the members of the convoy led by the wife of his supposed rival for

the Maguindanao gubernatorial race, Buluan town Vice-mayor Datu Esmael

“Toto” Mangudadatu. The fatalities include 32 journalists and media workers

who were on their way to cover the fi ling of Mangudadatu’s Certifi cate of

Candidacy (CoC) at the regional Commission of Elections offi ce based in

Shariff Aguak.

By Dec. 1—fi ve days after Unsay’s Inquest—the Department of Justice (DOJ)

prosecution panel led by Senior State Prosecutor Leo Dacera had fi led 25

counts of murder before the Regional Trial Court (RTC) of Cotabato City Branch

15. At that time only 25 autopsy reports had been issued by the authorities.

Prosecutors Dacera, Al Calica, Felipe Vicente Velasco, Elmer Lastimosa, and

Edilberto Jamora composed the prosecution panel assigned by then DOJ

secretary Agnes Devanadera to process the inquest papers against Unsay.

Unsay underwent inquest proceedings on Nov. 26 after his surrender to Peace

Adviser Jesus Dureza.

A judge from Tacurong City, Sultan Kudarat was initially designated by the

Supreme Court to handle the case. But the prosecution felt it was necessary

to ask the Supreme Court to transfer the case to a court in Metro Manila

28


because of possible threats to the lives of the witnesses and the prosecutors.

The Supreme Court on Dec. 7 acted on the prosecution’s petition and ordered

the transfer of the case to RTC Quezon City. After the controversial refusal of

the fi rst judge the case was raffl ed to, the case is now with Judge Jocelyn Solis

Reyes of Branch 221.

Judge Reyes is currently hearing the petition for bail fi led by the lawyers of

Unsay. Unsay was the only one named in the 56 Informations (Criminal Cases

nos. Q-09-162148 to 162172, 162216 to 162231, and Q-10-162652 to 162666

People of the Philippines vs. Andal “Unsay” Ampatuan Jr. and John Does).

Unsay has been under the custody of the National Bureau of Investigation

(NBI) since Nov. 26, 2009.

The prosecution panel has presented a total of eight witnesses including

Vice-mayor Mangudadatu, Ampatuan town Vice-mayor Rasul Sangki, his

uncle Mohammad Sangki and NBI Anti-Terrorist Unit chief Ricardo Diaz.

Additional Perpetrators Named

A day before the sixth hearing on the petition for bail fi led by Unsay, another DOJ

special panel of prosecutors led by Senior State Prosecutor Rosanne Balauag

fi led Amended Informations for multiple murder against 197 others including

Unsay and several police and military offi cers for the Maguindanao incident.

The Amended Informations stemmed from the amended complaint fi led by

the NBI and a separate complaint fi led by the Philippine National Police’s

Criminal Investigation and Detection Group (PNP-CIDG) before the DOJ

Manila panel last December 2009. The fi rst preliminary hearing was held on

Dec. 18.

The 196 persons charged with Unsay include: Andal Sr.; Datu Zaldy “Puti”

Ampatuan; Datu Akmad “Tato” Ampatuan, Sr.; Datu Jimmy Ampatuan;

Datu Kanor Ampatuan; Datu Bahnarin Ampatuan; Datu Mama Ampatuan;

Datu Sajid Islam Ampatuan; Datu Anwar Ampatuan; Datu Saudi Ampatuan

Jr.; Datu Ulo Ampatuan; Datu Ipi Ampatuan; Datu Harris Ampatuan; Datu

Moning Ampatuan; Datu Norodin “Nords” Datumanong Ampatuan; Police

Chief Insp. Zukarno/Sukarno Dicay; Police Insp. Rex Ariel Diongon; Police

Insp. Michael Joy Macaraeg; and Police Insp. Saudi Mokamad/Mukamad.

29


In its Joint Resolution dated Feb. 5, the panel said evidence on record showed

the existence of a conspiracy.

“The confl uence of events before and immediately after the commission of the

off ense leads us to no other inference than respondents Andal U. Ampatuan

Sr., Datu Zaldy “Puti” U. Ampatuan, Datu Akmad “Tato” Ampatuan Sr., Datu

Norodin Ampatuan and Datu Jimmy Ampatuan connived with the actual

perpetrators.” (According to Article 8 of the Revised Penal Code, conspiracy

“exists when two or more persons come to an agreement concerning the

commission of a felony and decide to commit it.”)

The panel also said it was “appalling that there is viable evidence to prove

that some members of the (PNP) and Armed Forces of the Philippines (AFP),

organizations whose primary task is to ensure a more eff ective, sustained and

successful campaign against criminality, dipped their fi ngers in the preparation

and subsequent consummation of the despicable killing of the victims.”

Andal Sr., Zaldy, and other Ampatuans accused are detained in General Santos

City and Davao City after being charged with rebellion in December 2009.

Deferment of Bail Proceedings

The fi ling of the Amended Informations has led to an unforeseen development

in the trial against Unsay: the deferment of the hearing on his bail petition.

Before the court could proceed with the presentation of prosecution

witnesses last Feb. 10, 2010, defense lawyer Philip Sigfrid Fortun asked the

court for a sidebar to discuss his proposition to postpone the presentation

of witnesses that day and on the next scheduled hearing date (Feb. 17) to

give way to the consolidation of the amended informations on the ongoing

multiple murder case against Unsay and several John Does. After the sidebar,

both the prosecution and defense panels agreed to resume bail proceedings

on Feb. 24. (A sidebar is an off -the-record conference with the presiding judge

and the counsels of both parties, in this case, the prosecution and defense.)

Days before the Feb. 9 hearing, the defense fi led two motions before the

court: (1) a motion for recusation, asking Judge Reyes to inhibit herself from

30


hearing the case because of her alleged bias against accused Unsay and for

“committing serious misconduct in disregarding simple evidentiary rules”

and (2) a fourth motion for a show cause order against some members of

the prosecution panel claiming their appearance in several media shows

and publications constitute a violation of the sub-judice rule. (The sub-judice

rule prohibits the airing or publication of views and information tending to

infl uence the outcome of a hearing or trial.)

Other Developments

A witness, Police Offi cer Anwar Masukat, executed an affi davit of recantation

on Jan. 13. In his recantation—which was presented by defense lawyer Philip

Pantojan in Davao City while the bail hearing was ongoing in Manila—Masukat

claimed he was forced by the PNP-CIDG into signing his Dec. 12 affi davit.

GMANews.TV in its Jan. 20 report quoted him as saying: “Realizing that the

affi davit did not contain my truthful statement, I adamantly refused to sign

it. It was then that (SPO2 Larry Diaz) and (lawyer Armando Fabros) told me

that murder cases will be fi led against me and that they could not prevent

that from happening unless I sign the counter-affi davit they had prepared

and willfully falsify statements.” (“DOJ: Cop’s recantation in massacre case

no big loss”, http://www.gmanews.tv/story/182020/doj-cops-recantation-in-

massacre-case-no-big-loss)

The Freedom Fund for Filipino Journalists (FFFJ) has asked the PNP to explain

why Masukat, who was supposedly under restrictive custody in Camp Crame,

was able to go to Davao City and issue a recantation. The PNP had announced

earlier that all personnel allegedly involved in the murder are under restrictive

custody.

“It is disturbing that the PNP, already taking much of the negative publicity

because many of its offi cers and personnel allegedly took part in said massacre,

appears unable to keep track of the whereabouts of its men. Worse, the PNP’s

inaction indicates it is either helpless and cannot hold its men accountable for

their actions or that it is part of what appears to be an attempt to whitewash

the whole matter,” FFFJ wrote in its letter dated Feb. 5.

“Adding to the irregularities surrounding this incident is the fact that the

affi davit was not executed before any member of the DOJ panel of prosecutors

31


before whom the complaints against PO1 Masukat are pending.” (The PNP has

yet to respond to the FFFJ letter.)

The prosecution also fi led a motion to cite Pantojan in contempt. The

prosecution in its motion said Pantojan’s presentation of the recantation of

Masukat undermines the administration of justice.

Meanwhile, the Center for International Law (CenterLaw) fi led in behalf of some

relatives of the media victims several petitions: one is before the Commission

of Appointments; another before the Offi ce of the Ombudsman in Davao;

and one before the ASEAN Intergovernmental Human Rights Commission

(AIHRC).

The Jan. 12 petition before the Commission of Appointments questioned

the promotion of Major General Alfredo Cayton as Vice-commander of the

Philippine Army. In its 32-page petition, the relatives of the 13 media victims

said Cayton “miserably failed to prevent the the massacre of the journalists

and innocent women within his area of direct responsibility.”

They also argued that the Commission on Appointments should deny the

promotion because: “The security situation—and the lives of all the people

on that ill-fated convoy—became his direct responsibility once he received

the call from Manila Bulletin correspondent Alejandro ‘Bong’ Reblando for

security escorts. He could not wash his hands of that responsibility by a simple

declaration that he had no men to send out. At the very least, he should have

called the attention of his police counterparts about the security situation

occasioned by the fi ling of the CoC of Vice-mayor Mangudadatu in the heart

of the bailiwick of the Ampatuans to coordinate a joint security cordon.”

The families also fi led a complaint-affi davit against Cayton and Geslani before

the Ombudsman for violation of the Anti-graft and Corrupt Practices Act

(Republic Act [RA] 3019) and of the Code of Conduct and Ethical Standards for

Public Offi cials and Employees (RA 6713).

On Feb. 3, CenterLaw also fi led a preliminary petition before the AIHRC asking

it to “issue an urgent declaration calling on the Philippine State to abide

with its obligations under international law and ensure the prosecution and

conviction of the perpetrators of the massacre as well as the provision of

32


adequate reparations, including compensation and satisfaction, to the victims

and their heirs.”

The rebellion case against the Ampatuans, on the other hand, has also been

transferred from the RTC Davao City to RTC Quezon City Branch 77. The fi rst

hearing in the sala of presiding judge Vivencio Baclig was held last Feb. 12,

2010.

33


DATE A TIMELINE OF EVENTS IN THE MULTIPLE MURDER CASE AGAINST DATU ANDAL “UNSAY” AMPATUAN JR. (AND OTHER RELATED COMPLAINTS

AGAINST THE AMPATUANS)

YEAR 2009

November 26 Datu Andal “Unsay” Ampatuan Jr. undergoes inquest

proceedings at the General Santos City airport before being

transported to Manila.

December 1 The Department of Justice (DOJ) special prosecution panel led

by Senior State Prosecutor Leo Dacera III fi les the fi rst batch

of Informations (25 cases) for multiple murder against Unsay

Ampatuan before Cotabato Regional Trial Court (RTC) Branch 15.

The Supreme Court assigns Tacurong RTC Judge Milanio

Guerrero as special judge to handle the case in Cotabato City.

December 3 The DOJ panel asks the Supreme Court to transfer the venue

of the case to a court in Metro Manila. The Freedom Fund for

Filipino Journalists (FFFJ) and the National Union of Journalists of

the Philippines also request the same on Dec. 7.

Accused Unsay fi les a petition for bail before the Cotabato City

RTC. On Dec. 4, Judge Guerrero holds in abeyance the hearing

on the petition pending an SC resolution on the petition for

transfer of venue fi led by the prosecution.

December 7 DOJ panel fi les opposition to Unsay’s petition for bail.

December 8 Sitting en banc, the Supreme Court grants the petition for

change of venue. The prosecution learns of the decision on Dec.

10.

December 9 Additional 15 Informations are fi led before the RTC of Cotabato

City.

December 18 DOJ panel in Manila headed by Senior State Prosecutor Rosanne

Balauag holds the fi rst hearing in the preliminary investigation

on two new complaints naming other possible respondents

(still including Unsay) fi led separately by the Philippine National

Police-Criminal Investigation and Detection Group (PNP-CIDG)

and the National Bureau of Investigation (NBI).

December 21 Additional 16 Informations are fi led before the RTC in Quezon

City Branch 221. This brings to 56 the total counts of murder fi led

against Unsay.

(The murder case for UNTV anchor Victor Nuñez has yet to be

fi led. The delay came from the dispute over the identities of

some remains of the Maguindanao massacre victims.)

(Under Philippine law, no case can be fi led for Midland Review

photographer Reynaldo “Bebot” Momay because fact of death

cannot be established. Momay’s body has not yet been found.)

December 28 The second hearing in the preliminary investigation is held.

34




YEAR 2010

January 5 Unsay is arraigned for 41 counts of murder, to all of which he

pleads “not guilty.”

The 15 Informations fi led on Dec. 9 are still with RTC Cotabato,

pending an SC resolution stating these Informations are

included among those transferred to the QC RTC.

The RTC also hears Unsay’s petition for bail. The fi rst prosecution

witness for the bail proceedings is lawyer Ricardo Diaz of the NBI.

Lawyer Herminio Harry Roque fi les in behalf of his clients a

motion to transfer Unsay from the NBI detention center to the

Quezon City Jail. The motion did not bear signatures of the

public prosecutors, as required under the rules of court.

January 13 The prosecution presents Ampatuan town vice-mayor Rasul

Sangki, who allegedly saw Unsay order and lead the killing of

at least 57 people on Nov. 23, 2009. He testifi es that he was

called to Sitio Masalay by Unsay Ampatuan to participate in the

killings.

He is the fi rst prosecution witness to testify on Unsay Ampatuan’s

presence at the massacre site.

January 18 Private prosecutors Nena Santos and Prima Jesusa Quinsayas,

with the agreement of public prosecutor Al Calica, fi le a motion

before the RTC Cotabato City Branch 15 asking the same to

transmit court records of the 15 Informations for consolidation

with the 41 being heard before the RTC Quezon City Branch 221.

January 20 The prosecution presents the videographer who took footage of

the retrieval of the corpses and vehicles on Nov. 24 and 25, 2009.

January 27 The prosecution presents Mohammad Sangki, uncle of Vice-

mayor Rasul Sangki. Mohammad’s testimony corroborates

Rasul Sangki’s claim that Unsay was among those who

massacred the members of the Mangudadatu convoy including

32 media workers.

The prosecution presents representatives from Smart and

Globe telecommunications to verify the time and date of the

calls allegedly made by Bai Genalin “Gigi” Mangudadatu to her

husband, Buluan town Vice-mayor Esmael “Toto” Mangudadatu,

when the former’s convoy was blocked by Unsay and armed

men.

The prosecution presents Toto Mangudadatu. He testifi es on the

political history of the Ampatuan and Magudadatu clans, and on

the motive for the massacre.

35




February 3 Judge Jocelyn Solis Reyes announces receipt of the 15

Informations from the Cotabato RTC. Accused Unsay is arraigned

for the same, to all of which he pleaded “not guilty.”

The presentation of Toto Mangudadatu continues.

The prosecution presents Dr. Ricardo Rodaje, the NBI

medico-legal officer who examined the remains of Gigi

Mangudadatu.

February 9 The DOJ Manila special panel of prosecutors handling the

additional NBI and CIDG complaints on the Maguindanao

massacre fi les Amended Informations for multiple murder

against Unsay and 196 perpetrators including his father Andal

Ampatuan Sr.

February 10 The bail proceedings are suspended but will continue on

Feb. 24, in light of the fi ling by the DOJ panel of the amended

Informations naming 196 additional accused. The deferment was

requested by the defense.

February 24 Judge Reyes announces the indefi nite postponement of the bail

proceedings, pending resolution of motion for recusation fi led

by the lawyers of Unsay Ampatuan, motion to admit Amended

Informations fi led by the prosecution, and other pending

motions fi led by the defense.

As of March 19, the bail proceedings were still suspended.

36


Impunity in the Philippinesby Melinda Quintos de Jesus

37

Impunity in the Philippines

ON MAY 21 to 23, 2007, the Southeast Asia Press Alliance convened the

fi rst meeting of international legal academics along with lawyers and

advocates of media freedom of expression in Thailand, Indonesia and

the Philippines to explore the possibility of organizing more eff ective ways

of providing for legal defense of journalists in the region. That fi rst meeting

planned a series of conferences, the fi rst of which was held in Hong Kong. In

2009, the second Media Defense Litigation Conference was organized by the

Manila-based Center for International Law in Cebu last Oct. 27 to 29.

In her address to the conference, Center for Media Freedom and Responsibility

(CMFR) executive director Melinda Quintos de Jesus reviewed some aspects

of impunity as experienced in the Philippines, pointing out that the Philippine

context may be found also in countries where governments offi cially control the

media and restrain civil liberties or in developing democracies where policy and

implementation have yet to create a coherent framework for their protection.

I think it is important that we keep the issue of impunity fi rmly rooted in the

broad landscape of concerns for media defense. Understanding impunity will

force a more varied response to attacks and threats against the press as an

institution and against individual journalists. Hopefully, it will be a societal

response, involving various sectors in the defense and support of the press as

an institution which serves as a pillar of democracy as a political system and

as a vital feature of democracy as a way of life.

The word “impunity” refers to the failure of the state to punish criminal and

unlawful conduct. But the impact of that failure, or the result, may not always

be fully understood. We need to realize that such consistent failure evolves

into a state of lawlessness, the repeated and cyclical experience of crime from

day to day, its perpetration permeating and corrupting every system and

contaminating even the most routine transactions of daily life. Discussing

media defense without mention of impunity is to ignore and refuse to talk

about the proverbial 800-pound gorilla in the room. It is a failure to recognize

the monster in our midst.

Some of you attended the International Conference on Impunity in Manila in

2008. That meeting presented the parallel experiences of continuing attacks

and threats against the press in countries on the two sides of the Pacifi c—

Latin America and the Philippines. We saw then how The Inter-American Press

38


Association had succeeded in joining their diff erent organizations together to

act as a united front to defend la libertad de la prensa in any country in Central

and South America where their members are besieged.

Killings and Other Attacks and Threats

In the Philippines, attacks and threats against journalists persist in various

forms. The killing of journalists is an outrage and a scandal, especially when

seen against the libertarian breadth of our laws to protect freedom of

expression and press freedom. There have been years where the numbers of

Filipino journalists killed were comparable to those killed in Iraq when that

country was at war.

No one was counting those slain during the period of Martial Law for obvious

reasons. But the exercise has become quite systematic with the restoration of

democracy and the opening up of democratic space. CMFR fi rst conducted

an analysis of reported cases of the killings in 1991, fi ve years after the fall of

the Marcos dictatorship. CMFR recorded 32 killings from 1986 when People

Power events in February toppled the Marcos dictatorship up to August 1991.

Twenty-two of these cases were classifi ed as deaths in the line of duty. The

facts could not be conclusively determined for six other murders and personal

issues were involved in four. At the time of our report, no assassin in any of

these cases had ever been brought to trial.

Twelve years later, in January 2003, a network of media associations and

media NGOs joined to form a network called the Freedom Fund for Filipino

Journalists (FFFJ) to provide assistance for legal defense and prosecution of

cases of killings and humanitarian assistance to families of the slain.

Since then, FFFJ has extended support for victims of the slain as well as for

prosecution of cases and brought the suspects in two murders in Mindanao

to trial and conviction, the killers of Edgar Damalerio in Pagadian City,

Zamboanga del Sur and Marlene Esperat in Tacurong City, the province of

Sultan Kudarat. The latter case is still in court on a second phase to prosecute

the suspected masterminds, the fi rst time ever that alleged masterminds have

been identifi ed and brought to trial. Unfortunately, the police have not been

able to arrest the suspects. FFFJ support has also been given to 10 other cases

still being tried in court.

39


The killings have continued and the current count now totals 167, of which

114 have been determined by CMFR as work-related.

Obviously, our eff orts have not put a stop to killings. We expect that these

will continue because successful trials, while constituting a signifi cant part of

what needs to be done, are only a small part of the solution.

The Culture of Impunity

The killing of journalists is a horror. But this must be seen as yet another facet

of the culture of violence, a refl ection of a confl ict-ridden society, without the

corrective and stabilizing force of the rule of law. Impunity (the failure of the

state to punish) is what allows the perpetrators of evil to evade and escape

the reach of law and thereby to persist at the very core, the heart of society.

This culture cannot be changed in just a few years.

I know now that in my lifetime, we will be able to claim only small victories.

A paid assassin may spend the rest of his life in jail. A hired gun is captured

and kept out of the business of death-dealing. But I do not imagine that these

cases have dented the supply of available hired killers.

The killing of media members holds up the mirror to the failure of the state to

enforce the law, and the fl oundering of a fl awed and decrepit judicial system.

As advocates for press freedom, we have had to step into unknown territory

and go beyond the usual tasks of advocacy: to publicize or plead the cause

of another, to espouse and call for justice in the name of the latest victim, to

keep the names of the dead alive while his or her killer runs free.

FFFJ raises money for prosecution; its members observe trials, and visit with

witnesses to try and sustain their commitment to testify. We identify legal

counsels. We document and we report the progress or lack of progress in the

cases. I am aware that however futile some of these motions may be, there

would be even less of a chance of bringing a journalist’s killer to court without

these eff orts.

40


Weaknesses of Legal Education

Like many of the most serious problems in this country, we run against a wall

of contradictions and situations laden with deep irony. In this country, we

celebrate a free and vibrant press the celebrity members of whom are lionized

and celebrated. But the same country has been ranked with countries at war

for the number of journalists killed.

In this country, we are not short of lawyers, in quality or quantity.

The Integrated Bar of the Philippines counts over 50,000 lawyer members.

Each year, some 100 law schools graduate an average of 1,400 who will review

for the bar exams. While there are numerous lawyers, a relatively small number

have made themselves available to do media defense or have the experience

to litigate these cases. The lawyers who work for established national news

organizations are often experts in corporate law who then take on the

defense of the company and its members, when libel charges take them to

court. Government has created more congressional districts so there are more

lawmakers in parliament. But such legal abundance has not saved us from the

serious defi cit in “the rule of law.”

It may be off ensive to describe the national situation in these terms in a lawyers’

forum. But this is a reality that lies at the heart of the problem that has brought

us together here for the next three days.

In one of CMFR’s initial meetings with lawyers, we ventured to examine the

legal education curriculum, the way law schools educate Filipino lawyers and

judges. We found that another weakness lies in the failure of these schools to

incorporate more eff ectively courses in freedom of expression.

And so, I remind this forum that we need still to call on lawyer academics to

work with us in creating curricula that will create liberal legal minds, not just

law students who will pass the bar.

The pursuit of the suspected masterminds in the killing of Esperat has taken

legal teams to courts in three provinces in the South, including the courts here

in Cebu. I will not take your time with the legal niceties of this case. But I am

sure you will agree when briefed on these cases that the lawyers on the side of

41


the defense have well earned their keep, using every legal technicality to keep

the suspects out of court.

Weakness of Witness Protection Program

Another irony in this law-forsaken country is the weakness of our witness

protection program. In this country, quite a bit of time is given to talk. We

talk a lot and pass on information—“You know. . . but it didn’t come from

me. . .” Many people know. But the police seem to be the last to know. In

such a situation, it is easy to understand why there are few who are willing

to testify. Truth-telling, testifying and witnessing take these individuals on

perilous ground. A witness protection program must beg for funds to provide

the witnesses for their needs. In the case of the Damalerio killing, one of the

witnesses was killed before he could testify.

In the cases FFFJ has assisted to bring to court at this point, two witnesses

have recanted, pressured by relatives who have been pressured by the other

side. Witnesses in two other cases have experienced various pressures to

shake down their testimonies. Even with the best support to protect them,

witnesses are robbed of their own lives as they knew it, and one can imagine

the burden of loss of their plans and dreams for the future. In a culture where

there is no rule of law, those aff ected by their testimony will always have the

capability to attack and to threaten them for the rest of their lives.

Co-optation of the Press

Finally, there is the most disturbing irony that involves the members of the

media community. In the case of Alexander “Lex” Adonis, who served a prison

sentence for libel, no less than a national press organization was reported to

have been involved negotiating his release from prison if he publicly apologized.

Upon his release, these colleagues asked him to appear with the politician who

had fi led the charges in a press conference. But Adonis refused.

There are many in the press community who remain unperturbed by the

number of their colleagues who have been killed, imprisoned for libel, or

banned from coverage of public offi cials or entry to public offi ces. The way

42


they see it, it will not happen to them. They believe it happens only to those

who are irresponsible—or they blame those who do not want to work within

the system: “Those who are killed or taken to court for libel were asking for it.”

A Policy of Indiff erence

In the early 1990s when CMFR fi rst scrutinized the pattern of impunity, I

concluded that the killings were not a matter of offi cial policy to suppress

dissent and to silence critics. I saw the attacks as symptomatic of the

prevailing environment of violence and lawlessness; and the media and press

community, being an unusually large and visible presence in the country, had

become moving targets for those disturbed by their carp and criticism. With

available funding, CMFR has cooperated with the national media associations

to provide training and ethics and advocated for a more stringent scrutiny

of broadcast blocktimers, who may not be as strictly held by professional

disciplines, since they are independent buyers of media time.

But in the second decade of our eff orts, even as we worked to cooperate

more with government task forces in the Philippine National Police and the

Department of Justice, we have found dedicated and committed response to

cases brought to their attention the exception rather than the rule. More often

than not, we are lectured about their eff orts, asking that these be given some

media attention. As for policy messages, we have heard enough of dismissive

statements of “fl y-by-night” journalists and abusive members of the press, not

to read the sub-text clearly: Erring members of the press are to blame.

I can only conclude that the policy in operation, despite statements to the

contrary, is one of gross indiff erence.

Conclusion

Yes, I am resigned now only to small victories. But these small victories

will make possible the hope for tomorrow. So even with this despairing

acknowledgement, I would have to say that we cannot, we will not give up

on our eff orts. Rather we need to sustain the momentum of what we have

started on all sides, the legal activism, the case research and the strategies for

improved advocacy.

43


We also need to understand better how both sectors or systems work. This

conference agenda shows more inputs from advocate groups and members

of the press, and we hope we have done our part to help the lawyers in their

tasks.

But such interaction needs to continue through the diff erent cases, and the

varying levels of experience of attacks and threat. These eff orts must include

the creation of mechanisms that will make media literacy an instrument of

more vigorous defense, and legal literacy to become part of the knowledge

of journalists and the rest of the public. Such knowledge-sharing will raise

another learning curve in making our democracy work.

In the end, this cooperative engagement must bring to birth a network of

lawyers who are going to be willing and able to take up the cases as they arise,

anywhere in this archipelago and throughout the region.

So I thank all those who have made this meeting possible. May we all be

blessed with knowing that the work we do now will make possible the success

of those who follow in our paths.

44


The Prosecution and the Media:Getting Their Act Together

by Leo Dacera III and Prima Jesusa B. Quinsayas

45

The Prosecution and the Media: Getting Their Act Together

“Cases are won in the courtroom…”

THIS IS A statement often made whenever the question of the role of

media coverage of a case is raised.

Yes, there is no denying that it is the drama within the courtroom that matters

most: the pleadings and motions fi led, the evidence presented, the objections

by opposing counsel, the words and phrases that see print in the so-called

TSN (transcript of stenographic notes), and the legal strategy used to establish

proof beyond reasonable doubt, or to counter the same.

And yes, the number of times a prosecutor or defense counsel gives an

interview on television or over the radio or for publication does not do much

in ensuring a case is won.

That does not, however, mean media coverage has no role in ensuring the

successful prosecution of a case.

In the Philippines, the accused in most cases of media killings pending before

the courts either has political clout or is someone hired by one with such clout.

In a country where political infl uence usually means economic power as well,

the prosecution fi nds in media an ally against possible legal maneuverings

that can and, in fact, do take place off -court.

With graft and corruption permeating almost all levels of governance—a

fact that people tongue-in-cheek call “an open secret”—legal maneuverings

are not impossible and certainly not new. Stories abound of witnesses

threatened or bought off to execute affi davits of recantation, as do those

of people paid to bear false witness. There are also instances of witnesses

being told to remain silent lest they want to risk their lives and those of their

loved ones. Common, too, are reports on law enforcement agencies’ failing to

serve warrants of arrest, not securing much needed evidence or attempting

to whitewash the whole case. Even prosecution is not spared as there are

incidents of prosecutors administering oaths (usually of recanting witnesses)

under suspicious circumstances.

How do such legal maneuvers aff ect prosecution?

46


The strength of the prosecution’s case can be weakened in cases of recantations

as the same would mean one less prosecution witness. Private complainants

can also recant and opt to settle for a compromise with the accused. Under the

law, media killings are classifi ed as public crimes and therefore theoretically

can be prosecuted by the State even without a private complainant. In reality,

though, the absence of a private complainant aff ects prosecution eff orts and

in some cases has lead to the dismissal of the case against the accused as

what happened in the murder case of Philip Agustin.

When it is eyewitnesses who recant, things get even worse for the prosecution

as the number of eyewitnesses in media killing cases is usually very few, ranging

from one to three. In the murder case of Herson “Boy” Hinolan, two out of

three witnesses recanted. This appears to have come at a most inauspicious

time and under suspicious circumstances. Administrative charges have been

recommended against the prosecutor who assisted the witnesses in executing

their affi davits of recantation.

A common snag in prosecution eff orts is the failure to arrest the accused,

especially when he is an infl uential person or has resources that can “persuade”

arresting authorities to delay his arrest. This results in the court’s not acquiring

jurisdiction over the person of the accused, which in turn aff ects its jurisdiction

over the criminal case itself. Thus, a number of media killing cases are idle,

unable to move forward as the arraignment of the accused is dependent on

his arrest. This is the status of the cases of the suspected masterminds and

killers of Marlene Esperat and Dennis Cuesta.

How can the media help?

A vigilant media that keeps close watch over cases of media killings can help

in various ways:

• It discourages people from consenting to be part of underhanded

legal maneuvers;

• It catches the commission of these maneuvers and brings the

same to the attention of those in authority; and

• It compels those in authority to hold the perpetrators of such acts

responsible.

47

The Prosecution and the Media: Getting Their Act Together

Vigilant media coverage goes beyond simple factual reporting of the who-

said-what variety. It also means assigning journalists who have familiarized

themselves with legal jargon and criminal procedure, or who have at least

taken the trouble to consult someone who knows when double-checking his/

her facts. Such coverage must be able to see through juicy sound bites and in

the process identify the crucial turning points of a case.

The ideal media coverage is one that does not take the bait, usually packaged

with drama and fl air but which contains little substance, that should have

otherwise enriched people’s knowledge of the case, or provide airtime or

print space to prosecutors who see themselves as celebrity lawyers but hardly

contribute to the building or strengthening of the case.

The ideal media coverage also includes providing updates and reminders

on the status of the case, especially one that has dragged on and has been

overtaken by more recent events. It also includes contextual reporting that

takes into consideration the nuances of the place where the crime happened

and the interplay of political and economic relations between and among the

parties involved.

Media coverage helps sustain public interest without bordering on trial

by publicity (as the accused does have a right to a fair trial). Aside from its

tendency to highlight the drama in and of a case, media coverage should also

have the eff ect of keeping the parties on their toes.

Sustained and responsible coverage would remind the courts that media and

the public are keeping watch; thus, it serves as a constant cue for the courts to

be fair, just and impartial.

The prosecution will remain primed and prepared in its work to secure the

conviction of those who are guilty and, in doing so, attain justice.

As for the defense, such coverage can serve to discourage any devious exploits

lest the defense is tempted to pull off sneaky legal maneuvers that would

undermine prosecution and defeat the judicial process.

Can such media coverage help secure successful prosecution? Yes, as it can

help ensure that the legal battle that happens in the courtroom is free of off -

48


court deceitful legal maneuverings that would unfairly tilt the balance in favor

of those who orchestrated the same.

The process of securing justice in the Philippine judicial system is one that has

been described as “inter-generational.” But it is not unattainable. As one lawyer

who recently lost a father and a lawyer-sister in the infamous Maguindanao

massacre wryly commented, “The wheels of justice may be square, but they’re

moving.”

_______________________________________________________________

Senior State Prosecutor Leo Dacera III is the director of the Department of

Justice Witness Protection Program. Dacera has worked on several media

murder cases including the case of Marlene Esperat and the Ampatuan

Massacre case.

Prima Jesusa Quinsayas is the legal counsel of the Freedom Fund for Filipino

Journalists.

49


50


Protecting Witnessesfor the Prosecution

51

Protecting Witnesses for the Prosecution

THE CONTINUING MURDER of Filipino journalists/media practitioners

indicates how much the culture of impunity in the Philippines has

fl ourished—one more result of the systemic weaknesses of the country’s

justice system. In addition to the government’s lack of political will, ineffi cient

law enforcement, prosecutors burdened with impossible case loads, the

primitive state of forensic investigation, and the poorly-funded witness

protection program are responsible for the culture of impunity.

The prosecution of criminal cases including media murders in the Philippines

relies heavily, sometimes solely, on testimonial evidence rather than forensic

evidence, the result of the rudimentary—and sometimes careless—processing

and gathering of physical evidence by law enforcement agencies. Investigators,

prosecutors and lawyers try to gather extensive and comprehensive testimonial

evidence to make up for the lack of physical evidence, and their unreliability

if available. The families and colleagues of slain journalists have also been

burdened with the task of locating possible witnesses for the prosecution of

the suspected killers of their kin.

In the murder case against the alleged killer of Davao-based radio blocktimer

Fernando “Batman” Lintuan, the testimony of the lone witness, described by

the court judge as “ridiculous and unbelievable,” contributed most to the

dismissal of the case and the acquittal of the suspect last April 22, 2009. The

prosecution had failed to present additional evidence to corroborate the

testimony of its lone witness.

On Christmas eve more than two years ago (Dec. 24, 2007), Lintuan was shot

to death by a lone assassin.

What happened in the Lintuan case was not unusual. Many other media

murder cases, like the 2003 killing of another Davao City broadcaster, Juan

“Jun” Pala, never even reached the courts because no witness dared to come

forward.

Securing witnesses

Convincing witnesses to testify in court—especially in cases involving

powerful personalities—is itself as problematic as fi nding them.

52


In a country of guns for hire and indiff erent law enforcement, witnesses naturally

demand assurance that they and their families will be safe from retribution.

Many witnesses also worry about their socio-economic situation—the loss of

their jobs, their relocation, and problems with daily fi nances (especially for

those who will be admitted to safe houses).

Many witnesses can’t be blamed if they think twice about going into the

tedious trial process. In the Philippines, murder trials last for years. In some

cases, witnesses have died without testifying. Those who do survive end up

totally spent.

All these concerns about the protection of and support for witnesses and

their families should have been addressed by Republic Act (RA) No. 6981, also

known as the “The Witness Protection, Security and Benefi t Act of 1991.” RA

6981 mandates the creation of the government’s Witness Benefi ts, Security

and Protection Program, commonly known as the Witness Protection

Program (WPP).

But in reality, the government witness protection scheme is limited in scope

and poorly-funded. WPP director Senior State Prosecutor Leo Dacera III in his

report on the weaknesses and limitations of the state-run witness protection

program published in Center for Media Freedom and Responsibility’s

(CMFR) Philippine Press Freedom Report 2008 pointed out that support for

the prosecution services especially in the fi eld of protecting witnesses has

declined over the years despite an increase in the number of murder cases.

“Although we recognize that in a developing country like ours the witness

protection program and the prosecution service will always have to stand in

line for scarce resources which must fi rst be devoted for our people’s basic

needs, the issue should be properly addressed soonest before we reach the

point where the problems become so huge and so many they compromise

the capacity of the system where prosecution of the cases of slain journalists

becomes nearly impossible,” Dacera said.

Not all witnesses are qualifi ed for the government’s witness protection

program. RA 6981 states that: “Any person who has witnessed or has

knowledge or information on the commission of a crime and has testifi ed

or is testifying or about to testify before any judicial or quasi-judicial body

53

Protecting Witnesses for the Prosecution

or before any investigating authority, may be admitted....” provided that he/

she passed the criteria laid out by Section 3. The criteria are: (1) the case the

witness will testify for is considered a “grave felony” as defi ned in the Revised

Penal Code; (2) his/her testimony “can be substantially corroborated in its

material points”; (3) s/he and his/her family are under threat; and (4) s/he is

not a law enforcement offi cer.

The government’s inability to address the needs of witnesses has made some

witnesses vulnerable to the infl uence of the accused. In 2008, two witnesses

in the 2004 killing of Aklan-based broadcaster Herson Hinolan recanted. Both

witnesses expressed in their affi davit of recantation uncertainty that the alleged

gunman-mastermind was the one they saw shooting the broadcaster. One of

these witnesses had allegedly been convinced by his relatives to withdraw

his testimony in exchange for “help” from the defendant. (The broadcaster’s

widow has since fi led an administrative case against the state prosecutor who

signed the witnesses’ affi davits of recantation.)

Many also doubt the capacity of the government’s witness protection program

to protect them. It does not help that some witnesses have been killed as

some cases were progressing. In 2005, a key witness in the murder of Pagadian

city-based journalist Edgar Damalerio—Edgar Ongue—went into hiding after

Edgar Amoro, another witness in the Damalerio killing, was himself killed.

A gunman killed Amoro in February 2005, allegedly for identifying former

policeman Guillermo Wapile as the shooter of Damalerio. The Amoro family

reported that he had been receiving death threats since May 2002 from Wapile

and his accomplices. It took the intervention of the Freedom Fund for Filipino

Journalists (FFFJ) before the families of Damalerio, Ongue and Amoro could

be moved to a secure location. (The Cebu City Regional Trial Court convicted

Wapile on Nov. 25, 2005.)

Improving protection of witnesses

The inadequacies of the state-run witness protection program have compelled

witnesses in media killings to refuse to testify in court. Media advocates and

press groups have realized the importance of witnesses in the prosecution of

cases and the urgent need to protect them and their families as well.

54


CMFR and FFFJ regularly consult and talk with witnesses, families, and other

relatives of slain journalists to reassure them of continuing support, morally,

legally and fi nancially. Established in 2003, FFFJ is a coalition of six media

organizations formed to address the continuing attacks against journalists

and media practitioners. CMFR serves as the FFFJ Secretariat.

FFFJ has also expanded the coverage of its legal assistance to include key

witnesses in ongoing cases against the killers of journalists/media practitioners.

It has also worked closely with the prosecution teams handling media murder

cases to address the problem of impunity.

Media organizations have off ered monetary assistance for persons who

choose to testify in cases involving the killing of their employees.

Press freedom advocates have also joined civil society organizations in

pushing for a better budget for the state-run WPP. In December 2008, the

Senate approved a P30-million increase in the proposed budget of the WPP.

Senator Richard Gordon, in a December 2008 press release said that “A well-

funded protection program is an indispensable requirement for the successful

resolution of heinous crimes, such as murder, kidnapping-for-ransom and

drug traffi cking.” (Approved last March 2009, the 2009 General Appropriations

Act or RA 9524 refl ected the senate proposal to increase the WPP budget

by P30 million. For 2009, the fund reached P114 million, compared to the

approximately P84 million it received the previous year. )

55

FILIPINO JOURNALISTS/MEDIA WORKERS KILLED IN THE LINE OF DUTY SINCE 1986AS OF JANUARY 2010

No. Date of Death Name News Organization / Place of KillingRegion of

Place of Killing

1 1986-Apr-24 Pete F. Mabazza Manila Bulletin / Tuguegarao City, Cagayan Region II

2 1986-Apr-25 Wilfredo Vicoy Reuters / Tuguegarao City, Cagayan Region II

3 1987-Mar-24 Virgilio Pacala Manila Hotline / San Pablo, Laguna Region IV-A

4 1987-Apr-12 Dionisio Perpetuo Joaquin* Olongapo News / Olongapo City, Zambales Region III

5 1987-Aug-27 Narciso Balani dxRA / Davao City, Davao del Sur Region XI

6 1987-Aug-27 Rogie Zagado dxRA / Davao City, Davao del Sur Region XI

7 1987-Aug-27 Leo Palo dxRA / Davao City, Davao del Sur Region XI

8 1987-Aug-27 Cesar Maglalang dxRA / Davao City, Davao del Sur Region XI

9 1987-Aug-28 Martin Castor Pilipino Ngayon / Manila NCR

10 1987-Oct-04 Ramon Noblejas dyVL / Tacloban City, Leyte Region VIII

11 1987-Oct-10 Leo Enriquez IIIKyodo news service, Washington Times,

People’s Journal / Cebu City, Cebu Region VII

12 1988-Mar-29 Noel MirandaMindanao Scanner / Tagum City, Davao del

NorteRegion XI

13 1988-Aug-12 Ruben R. Manrique** Luzon Tribune / Balanga City, Bataan Region III

14 1988-Oct-30 Josef Aldeguer Nava Visayan Life Today and dyRP / Iloilo City, Iloilo Region VI

15 1989-Oct-17 Severino Arcones dyFM-Bombo Radyo / Iloilo City, Iloilo Region VI

16 1989-Dec-01 Eddie Telan Newscaster / Quezon City NCR

17 1990-Feb-4 Enrique LinganThe Luzon Times, The Midway Star / Lucena

City, QuezonRegion IV-A

18 1990-Feb-6 Joseph "Joe" KreugerMindoro Weekly Reporter / Pinamalayan,

Oriental MindoroRegion IV-B

19 1990-May-15 Reynaldo Catindig Sr.Northern Sierra Madre Express / Timauini,

IsabelaRegion II

20 1990-Jul-08 Jean Ladringan Southern Star / General Santos City Region XII

21 1991-Apr-14 Nesino Paulin Toling*Panguil Bay Monitor / Ozamiz, Misamis

OccidentalRegion X

22 1992-Jul-01 Danilo Vergara Philippine Post / Iligan, Lanao del Norte Region X

23 1992-July-3 Abdulajid "Jade" LadjaPrenza Zamboanga / Zamboanga City,

Zamboanga del SurRegion IX

24 1992-Sep-21 Rev. Greg Hapalla dxAS / Zamboanga City, Zamboanga del Sur Region IX

56


Place of Killing

25 1992-Dec-02 Gloria Martin dxXX / Isabela, Basilan ARMM

26 1993-Jan-11 Romeo Andrada Legaspi Voice of Zambales / Olongapo City, Zambales Region III

27 1996-Feb-12 Ferdinand ReyesPress Freedom / Dipolog City, Zamboanga del

NorteRegion IX

28 1996-Dec-15 Alberto Berbon* dzMM / Imus, Cavite Region IV-A

29 1997-Jun-03 Daniel J. Hernandez People's Journal Tonight / Quezon City NCR

30 1997-Dec-17 Regalado Mabazza Polaris cable network / Cauayan, Isabela Region II

31 1998-Feb-15 Odilon Mallari* dxCP / General Santos City Region XII

32 1998-Mar-29 Rey Bancairin dxLL / Zamboanga City, Zamboanga del Sur Region IX

33 1998-Oct-30 Dominador "Dom" Bentulan dxGS / General Santos City Region XII

34 1999-Jan-21 Bienvenido DasaldxKR Radyo Agong / Koronadal, South

CotabatoRegion XII

35 1999-Apr-25 Frank Palma*dwYB-Bombo Radyo / Bacolod City, Negros

OccidentalRegion VI

36 2000-May-23 Vincent Rodriguez dzMM / Guagua, Pampanga Region III

37 2000-Nov-17 Olimpio Jalapit dxPR / Pagadian City, Zamboanga del Sur Region IX

38 2001-Jan-03 Rolando Ureta *** dyKR / Kalibo, Aklan Region VI

39 2001-Feb-24 Mohammad Yusoph dxID / Pagadian City, Zamboanga del Sur Region IX

40 2001-May-30 Candelario “Jhun” Cayona** dxLL / Zamboanga City, Zamboanga del Sur Region IX

41 2002-May-13 Edgar Damalerio *dxKP, Zamboanga Scribe, Mindanao Gold Star /

Pagadian City, Zamboanga del SurRegion IX

42 2002-Aug-22Rhode Sonny Esguerra

Alcantara

Kokus, Celestron Cable TV / San Pablo City,

LagunaRegion IV-A

43 2003-Apr-28 John Belen Villanueva Jr. dzGB / Camalig, Albay Region V

44 2003-May-17 Apolinario "Polly" Pobeda*** dwTI / Lucena City, Quezon Region IV-A

45 2003-Jul-08 Bonifacio Gregorio Dyaryo Banat / La Paz, Tarlac Region III

46 2003-Aug-19 Noel Villarante** The Laguna Score, DZJV / Sta. Cruz, Laguna Region IV-A

47 2003-Aug-20 Rico Ramirez** dxSF / San Francisco, Agusan del Sur Region XIII

48 2003-Sept-06 Juan "Jun" Pala dxGO / Davao City, Davao del Sur Region XI

49 2003-Dec-02 Nelson Nadura dyME / Masbate City, Masbate Region V

50 2004-Feb-11 Rowell Endrinal*** dzRC, Metro News / Legazpi City, Albay Region V

51 2004-Jun-17 Elpidio “Ely” Binoya(+) MBC-DZRH Radyo Natin / General Santos City Region XII

52 2004-Jul-31 Roger Mariano*** dzJC / San Nicolas, Ilocos Norte Region I

57


Place of Killing

53 2004-Aug-05 Arnnel Manalo dzRH, Bulgar, Dyaryo Veritas / Bauan, Batangas Region IV-A

54 2004-Sept-29 Romeo Binungcal Remate, Bulgar, Mt. Samat Forum / Pilar, Bataan Region III

55 2004-Oct-19Eldy Gabinales, aka Eldy

SablasdxJR-FM Radio Real / Tandag, Surigao del Sur Region XIII

56 2004-Nov-12 Gene Boyd Lumawag MindaNews / Jolo, Sulu ARMM

57 2004-Nov-15 Herson Hinolan *** dyIN - Bombo Radyo / Kalibo, Aklan Region VI

58 2005-Mar-24 Marlene Esperat*/ ***The Midland Review / Tacurong City, Sultan

KudaratRegion XII

59 2005-May-02 Klein Cantoneros* dxAA / Dipolog City, Zambaonga del Norte Region IX

60 2005-May-10 Philip Agustin**/**** Starline Times Recorder / Dingalan, Aurora Region III

61 2005-Jul-05 Rolando Morales dxMD / General Santos City Region XII

62 2005-Nov-18 Ricardo Uy dzRS-AM / Sorsogon City, Sorsogon Region V

63 2005-Nov-20 Robert Ramos Katapat / Cabuyao, Laguna Region IV-A

64 2005-Dec-01 George Benaojan* dyDD / Cebu City, Cebu Region VII

65 2006-Jan-20 Rolly Cañete (+) dxPR / Pagadian City, Zamboanga del Sur Region IX

66 2006-Apr-02 Orlando Mendoza Tarlac Profile, Tarlac Patrol / Tarlac City, Tarlac Region III

67 2006-May-22 Fernando Batul*** dyPR / Puerto Princesa City, Palawan Region IV-B

68 2006-Jun-19 George Vigo dxND / Kidapawan, North Cotabato Region XII

69 2006-Jun-19 Maricel Alave-Vigo dxND / Kidapawan, North Cotabato Region XII

70 2006-Jul-18 Armando “Rachman” Pace* dxDS / Digos City, Davao del Sur Region XI

71 2007-Apr-18 Carmelo "Mark" Palacios dzRB / Sta. Rosa, Nueva Ecija Region III

72 2007-Dec-24Fernando "Batman" Lintuan

(+)dxGO / Davao City, Davao del Sur Region XI

73 2008-April-27 Marcos MataroUNTV / San Simon toll gate, North Luzon

ExpresswayRegion III

74 2008-June-30 Fausto "Bert" Sison*** dzAT / Sariaya, Quezon Region IV-A

75 2008-Aug-7 Martin Roxas*** dyVR / Roxas City, Capiz Region VI

76 2008-Aug-9 Dennis Cuesta*** dxMD / General Santos City Region XII

77 2008-Nov-17 Arecio Padrigao***dxRS - Radyo Natin / Gingoog City, Misamis

OrientalRegion X

78 2008-Dec-2 Leo L. Mila Radyo Natin / San Roque, Northern Samar Region VIII

79 2009-Feb-23 Ernesto Rollin*** dxSY / Oroquieta City, Misamis Occidental Region X

80 2009-Jun-9 Crispin Perez*** dwDO / San Jose City, Occidental Mindoro Region IV-B

58


Place of Killing

81 2009-Jul-27 Godofredo Linao*** Radyo Natin-Bislig / Barobo, Surigao del Sur Region XIII

82 2009-Nov-23 Bengie Adolfo***Gold Star Daily / Ampatuan town,

MaguindanaoARMM

83 2009-Nov-23 Araneta, Henry*** dzRH / Ampatuan town, Maguindanao ARMM

84 2009-Nov-23Mc Delbert "Mac-

mac" Arriola***UNTV / Ampatuan town, Maguindanao ARMM

85 2009-Nov-23 Rubello Bataluna***Gold Star Daily / Ampatuan town,

MaguindanaoARMM

86 2009-Nov-23 Arturo Betia*** Periodico Ini / Ampatuan town, Maguindanao ARMM

87 2009-Nov-23Romeo Jimmy "Palak"

Cabillo***

Midland Review / Ampatuan town,

MaguindanaoARMM

88 2009-Nov-23 Marites Cablitas***News Focus, RPN - dxDX / Ampatuan town,

MaguindanaoARMM

89 2009-Nov-23 Hannibal Cachuela***Manila Star, Punto News / Ampatuan town,

MaguindanaoARMM

90 2009-Nov-23 Jephon Cadagdagon*** Saksi News / Ampatuan town, Maguindanao ARMM

91 2009-Nov-23 John Caniban***Periodico Ini, Sultan Kudarat Gazette /

Ampatuan town, MaguindanaoARMM

92 2009-Nov-23 Eleanor "Leah" Dalmacio***Socsksargen Today / Ampatuan town,

MaguindanaoARMM

93 2009-Nov-23 Noel Decena***Periodico Ini, Rapido / Ampatuan town,

MaguindanaoARMM

94 2009-Nov-23 Gina Dela Cruz*** Saksi Balita / Ampatuan town, Maguindanao ARMM

95 2009-Nov-23 Jose "Jhoy" Duhay***Gold Star Daily / Ampatuan town,

MaguindanaoARMM

96 2009-Nov-23 Jolito Evardo*** UNTV / Ampatuan town, Maguindanao ARMM

97 2009-Nov-23 Santos Gatchalian Jr.***Mindanao Daily Gazette / Ampatuan town,

MaguindanaoARMM

98 2009-Nov-23 Bienvenido Legarta Jr. ***Prontiera News, Tingog Mindanao / Ampatuan

town, MaguindanaoARMM

99 2009-Nov-23 Lindo Lupogan***Mindanao Daily Gazette / Ampatuan town,

MaguindanaoARMM

100 2009-Nov-23Ernesto "Bombo Bart"

Maravilla***

Bombo Radyo-Koronadal City / Ampatuan

town, MaguindanaoARMM

101 2009-Nov-23 Rey Merisco*** Periodico Ini / Ampatuan town, Maguindanao ARMM

102 2009-Nov-23 Reynaldo "Bebot" MomayMidland Review / Ampatuan town,

MaguindanaoARMM

103 2009-Nov-23Marife "Neneng"

Montaño***

Saksi Balita, dxCP / Ampatuan town,

MaguindanaoARMM

59

Legend:

* - with conviction

** - dismissed

*** - on trial

**** - archived

(+) - acquittal


Place of Killing

104 2009-Nov-23 Rosell Morales*** News Focus / Ampatuan town, Maguindanao ARMM

105 2009-Nov-23 Victor Nuñez*** UNTV / Ampatuan town, Maguindanao ARMM

106 2009-Nov-23 Joel Parcon***Prontiera News / Ampatuan town,

MaguindanaoARMM

107 2009-Nov-23 Ronnie Perante***Gold Star Daily / Ampatuan town,

MaguindanaoARMM

108 2009-Nov-23 Fernando "Ranny" Razon*** Periodico Ini / Ampatuan town, Maguindanao ARMM

109 2009-Nov-23Alejandro "Bong"

Reblando***

Manila Bulletin, Reuters / Ampatuan town,

MaguindanaoARMM

110 2009-Nov-23 Napoleon Salaysay***Clear View Gazette / Ampatuan town,

MaguindanaoARMM

111 2009-Nov-23 Francisco "Ian" Subang Jr.***Socsksargen Today / Ampatuan town,

MaguindanaoARMM

112 2009-Nov-23 Andres "Andy" Teodoro***Mindanao Inquirer, People's Forum /

Ampatuan town, MaguindanaoARMM

113 2009-Nov-23 Daniel Tiamzon*** UNTV / Ampatuan town, Maguindanao ARMM

114 2009-Dec-24 Ismael Pasigna*** B- 96 FM / Labason, Zamboanga del Norte Region IX

60

About the Center for Media Freedom and Responsibility

THE FORMATION OF the Center for Media Freedom and Responsibility

(CMFR) addresses one of the critical concerns confronting the Philippines

after People Power toppled the Marcos dictatorship in February 1986.

That concern calls attention to the power of the media and the role of the free

press in the development of Philippine democracy.

All over the world, press freedom has been found to be essential to the

democratic system. Eff ective participatory government is possible only when it

can count on a well-informed society where individuals freely exchange ideas,

where public debate and discussion arise from knowledge and understanding

of national aff airs.

That freedom involves not only media professionals, but also the public served

by the media—public offi cials, the private sector, civil society groups, readers,

viewers and listeners—who receive information and are part of the cycle of

public communication. But freedom of the press, like all liberties, has its limits,

for the simple reason that it is vulnerable to abuse.

Democratic recovery confronts serious obstacles on the media front. The

press and the media need to exert special eff orts to measure up as a collective

vehicle of information, as an instrument for clarifying complex issues and

dilemmas of development that the public should understand.

Against this background, CMFR was organized in 1989 as a private, non-stock,

non-profi t organization involving the diff erent sectors of society. Its programs

uphold press freedom, promote responsible journalism and encourage

journalistic excellence.

For more information about CMFR, visit http://www.cmfr-phil.org/.

cmfr philippine press freedom report 2009

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