Go live on carnage trial

MANILA, Philippines — President Benigno S. Aquino III has written Supreme Court (SC) Chief Justice Renato Corona reiterating his support for the live media coverage of the Maguindanao massacre trial, citing that such would send the message that “justice can and will be dispensed without fear or favor and in the full light of day.”

In a letter dated Nov. 22, President Aquino said that it is his earnest hope that the SC “will, within the many considerations that enter into such a historic deliberation,” attend to the petition of some groups for the High Tribunal to lift the ban on television and radio broadcast of trials, “with the dispatch, dispassion, and humaneness, such a petition merits.”

“I have stated publicly that I support the petition filed before the Supreme Court for this purpose. You and I, and the respective independent branches of government we head, are duty-bound to uphold the Constitution and our laws. We are all bound to ensure that justice is done, and her interests served. Furthermore, we need to make people aware of, and convinced that, justice is being done and her interest served. This can be done by making the trial of important and sensational cases such as the Maguindanao massacre case, public,” Aquino said.

“Permitting the trial to be broadcast and covered fully by media would be a great consolation to the relatives of the massacre victims and our fellow citizens who might otherwise have no opportunity to see justice taking its proper course. A trial conducted in full public view, with the entire nation and the world allowed to witness the proceedings, sends the message that justice can and will be dispensed without fear or favor and in the full light of day,” he pointed out.

In Nov. 23, 2009, 58 individuals, including 32 media practitioners, were massacred at the town of Ampatuan in Maguindanao.

The primary suspects, who are members of the Ampatuan clan, have been arrested but the trial proper has yet to begin.

The gruesome massacre prompted the previous administration to place Maguindanao under Martial Law, which was eventually lifted.

“The trial will also teach us the important lessons of history. Those who cannot remember the past are condemned to repeat it, as Santayana warned,” President Aquino said.

“So it will be educational for the rest of the people to find out what actually transpired, the reasons behind the atrocity, and what steps should be done to prevent the same from happening again. The more who participate in this great teaching and corrective experience, the faster and the greater the chances will be, of this tragedy never being repeated again,” he said.

Solons back live coverage
Like President Aquino, lawmakers also called on the Supreme Court to reconsider its earlier stance on prohibiting live media coverage of the celebrated Maguindanao massacre.

Eastern Samar Rep. Ben Evardone and Deputy Speaker Lorenzo “Erin” Tañada, one of the authors of the 12 Freedom of Information (FOI) bills pending at the Lower House, asked the High Court to change its mind in banning print, radio, and television networks from making a live media coverage of the trials and hearings, particularly on the cases filed against the alleged perpetrators of the Nov. 23 carnage of 58 people in Maguindanao, including 32 journalists.

“I filed a resolution this (Tuesday) morning expressing the sense of the House of Representatives, supporting the call of the President and the Filipino people for the Supreme Court to reconsider its decision prohibiting the live media coverage on the trials and hearings,” Evardone, chairman of the Committee on Public Information, told a press conference.

In his Resolution No. 671, he argued that the ongoing trial “is not only imbued with public interest, but also the interest of the entire civilized world.”

He said the petitions to allow the conduct of live media coverage are essentially in the nature of requests or applications which must be treated on a case-to-case basis.

“The danger that is sought to be avoided in allowing the conduct of live media coverage is more apparent than real, as there had been cases more notorious than the Maguindanao massacre which had been successfully and fairly concluded despite the live media coverage, such as the trial of former Iraqi President Saddam Hussein, among others,” Evardone said.

“The right of the people to public information and the freedom of the press are constitutionally recognized and guaranteed right which the Supreme Court must uphold although on a case-to-case basis,” he said.

Promote transparency
Tañada also agreed with Evardone that the media coverage should be allowed to promote transparency.

“There is nothing to hide. I agree that the Supreme Court should reconsider its decision,” he told in the same news conference.

He said the media coverage will help “hasten in providing justice to the 58 massacre victims.”

The Quezon lawmaker said those who have impish plans to derail the court proceedings will be warned not to commit any irregularities because they are under the glare of live cameras.

“The camera can be placed behind so that the people can observe the proceedings,” Tañada said.

Evardone said should the Supreme Court decide to allow live media coverage, it is appropriate if it would issue guidelines on media covering the trial.

Lawmakers, including House Senior Deputy Minority Leader and Maguindanao Rep. Simeon Datumanong and Zambales Rep. Mitos Magsaysay have vowed to craft laws that would pursue the rights of the victims.

Datumanong even said that he would support the imposition of death penalty to help address numerous killings, as he expressed hopes for the immediate prosecution of the perpetrators of the Maguindanao massacre.

State of emergency
President reiterated that the state of emergency declared by the previous administration in Maguindanao, Cotabato City, and Sultan Kudarat will remain as incidents of violence continue in these areas.

He, however, thumbed down calls by some sectors to abolish paramilitary groups who have been blamed for the spate of human rights violations in the country, including the November 23, 2009 massacre in Ampatuan, Maguindanao.

“Not yet at this time,” Aquino said at a press conference after keynoting the 3rd annual convention of the Regional Tripartite Industrial Peace Council (RTPIC) IV-A at the Yazaki-Torres Manufacturing Center, Calamba City, Laguna, when asked why the state of emergency in Central Mindanao has not been lifted.

President Aquino noted that there are still incidents of violence in spite the declaration of the state of emergency.

Measures vs private armies
House Speaker Feliciano Belmonte Jr. likewise expressed the Lower Chamber’s readiness to come up with a legislation that would resolve the lingering problem of private armies.

Police and military records showed there are 72 remaining active private armed groups out of the total number of PAGs numbering to 107. The Autonomous Region in Muslim Mindanao (ARMM) has still the highest number of private armies with 19, followed by Region 1 with eight, and Regions 5 and 10 with seven.

The Zenarosa Commission, which was formed during the Arroyo administration, has recommended the passage of an Anti-Private Armies Act, an Anti-Political Dynasty Law, and a law imposing stiffer penalties against those who will be arrested on illegal possession of firearms and those who will be apprehended in committing crimes with the use of firearms.

‘Glacial pace’ trial
British Ambassador Stephen Lillie has scored the Philippine judicial system as he pointed out that one of the reasons why the Maguindanao massacre case is moving at a “glacial pace” is that the judge has other cases to handle in parallel to the murder trial.

“What is alarming, given the importance of this case, is the glacial pace of the trial, with the court sitting only once a week,” Lillie wrote in his blog and posted on Tuesday to commemorate the first anniversary of the Maguindanao massacre. “This is because the judge (Quezon City RTC Judge Jocelyn Solis-Reyes) has other cases to handle in parallel, a distinctive feature of the Philippine judicial system. Many commentators have voiced doubts as to whether the trial will ever be concluded.”

Judge Reyes earlier allowed a twice-a-week hearing of the Maguindanao massacre case upon request of the prosecution and the defense.

However, Reyes explained the request of both parties to continue the twice-a-week hearing until January next year is not likely since the assisting judges will only be up to December.

Last September, the Supreme Court assigned two judges, Caloocan City RTC Judge Rowena Tan and Quezon City RTC Branch 77 Presiding Judge Vivencio Baclig, to assist Reyes on her other loads so she can concentrate on the Maguindanao massacre hearing.

Lillie also noted that Justice Secretary Leila de Lima has pledged that the trial will be completed in the term of President Beningo Aquino III's administration.

“But this administration still has close on six years to run,” Lillie pointed out.

The British envoy, likewise, cited the debate about whether the trial should be televised in order to demonstrate that justice is being done in the court room.

“I can hardly take exception to the Supreme Court’s opposition to this: British court proceedings are not televised either,” Lillie explained.

He pointed out that ensuring a timely and credible conclusion to the Maguindanao massacre case remains crucial in order to reassure domestic and international opinion of the Philippine administration’s commitment to human rights and the rule of law.

“President Aquino has made clear his determination to see justice for the victims of the massacre,” Lillie said. “Clearly, there must be due process and no short cuts.”

The gruesome massacre took place one year ago when 57 civilians, 32 of them from the media, were abducted and murdered in a brutal political killing in Maguindanao. Lillie described this atrocity as “horrific both in its scale and in the brutality of the killing, with many of the victims raped and mutilated first.”

“A fact which earned the Philippines the dubious distinction of being the most dangerous country in the world for journalists last year,” Lillie said.

He said even Manila Bulletin took up his quote with a front-page banner headline – “The World is Watching” – last year shortly after the massacre took place.

Australia for speedy trial
The Australian government, meanwhile, stressed that the credible and expeditious conduct of the trial will be critical in demonstrating the Philippines’ commitment to protecting human rights and upholding the rule of law.

Australian Ambassador Rod Smith made this statement even as he welcomed the efforts of the Aquino Administration to bring the perpetrators to justice.

According to Smith, Australians join Filipinos in recalling with horror the brutal killing of innocent civilians and journalists in the Maguindanao massacre.

Prelates speak
Likewise, Catholic prelates called for the swift dispensation of justice for the massacre victims, saying justice delayed is justice denied.

“It will be in the best interest of both the accused and the victims nearest of kin to see to it that justice is rendered at the soonest possible time,” Manila Auxiliary Bishop Bernardino Cortez said in an article posted on the Catholic Bishops’ Conference of the Philippines (CBCP) website.

The chairman of the Episcopal Commission on Social Communications and Mass Media said the judicial process could have moved at a much faster pace.

Cotabato Auxiliary Bishop Jose Colin Bagaforo also echoed the call of Cortez who is greatly disappointed with the slow pace of the case.

“It’s good that they are looking into the case but the progress is a bit slow,” he said.

The Mindanao prelate then called on the Department of Justice (DoJ) to give importance to the case.

Meanwhile, the National Press Club (NPC) held on Tuesday afternoon a motorcade to condemn the Nov. 23, 2009 massacre.

Exactly one year after the tragedy, officials and members of the NPC held a motorcade starting at 1 p.m. on Tuesday from the NPC office in Intramuros, Manila to the foot of the Chino Roces Bridge (formerly Mendiola). (With a report from Roy C. Mabasa, Leslie Ann G. Aquino, and Jeamma E. Sabate)