Man convicted for '05 broadcaster's death

By Karlon Rama, SunStar Cebu

CEBU CITY -- A man charged with murdering a broadcaster in 2005 was sentenced to some 30 years in jail, Tuesday; condemned by a dying declaration, an accusing finger that haunted him from the grave.

Mohammad “Madix” Maulana stood stoic though as the 19-page judgment that found him “guilty beyond reasonable doubt” for the death of Edgar Amoro was read in open court.

“The attack was sudden and unexpected and caused his untimely death,” read the ruling penned by Judge Esther Veloso of the 6th branch of the Regional Trial Court (RTC) in Cebu City.

It left the family in “unspeakable grief,” the judge said, compelling indemnity reaching P195,000.

Yesterday’s conviction ends close to five years of living under witness protection for the Amoro family and their struggle to successfully prosecute the case which is tied to another media killing, the 2002 murder of Edgar Damalerio.

But the judgment is not yet final and the accused can still contest the ruling at the appellate court and, failing to get a favorable decision there, the High Tribunal.

Moreover, in both the Amoro and Damalerio cases, the masterminds remain at large, never having been impleaded despite the Supreme Court’s transfer of the venue of the trial from Zamobanga del Sur to Cebu City and the media’s close watch.

This is only the sixth successfully prosecuted media killing so far. There have been 137 media deaths according to various journalism groups.

Mortal wounds

Amoro died from gunshot wounds last Feb. 2, 2005, assassinated outside the gates of the Zamboanga del Sur National High School, where he taught while, at the same time, co-hosted a human rights radio program at dxPR in Pagadian City.

According to case records the Office of the Pagadian City Prosecutor sent to the Zamboanga del Sur RTC, Amoro sustained “multiple gunshot wounds in the head and body” and “died instantly.”

The motive for the killing has been directly linked to the May 13, 2002 fatal ambush of Edgar Damalerio, Amoro’s co-host at radio dxPR, which he witnessed.

Amoro’s wife, Erlinda, testified before Veloso that she and her husband received so many death threats following Damalerio’s death that they found it “too numerous to be entered into the police blotter.”

Erlinda hinted that the purpose of the threats was to coerce her husband not to testify against policeman Guillermo “Gimo” Wapile, who he tagged as the shooter in an affidavit to the National Bureau of Investigation (NBI), and to instead point to a certain Ronnie Quilme.

The killing rendered her husband unable to testify in the Damalerio case that was later brought to Cebu City, the first media-killing case to have been heard here upon orders of the Supreme Court, and ended with Wapile’s Nov. 17, 2005 conviction.

Dying declaration

Erlinda said she had just arrived home from the Zamboanga del Sur National High School, where she also taught like her husband, when the shooting took place.

She said her daughter received a call on her mobile phone and suddenly shouted that something had happened to Amoro.

Erlinda said she ran back to school and rushed to the side of her bloodied husband who uttered the name “Madix.”

She said she knew exactly who he meant because Maulana is known in their community as a gun-for-hire. He has a string of murder cases, including one which involved a police officer.

Prior to ruling on the case, Judge Veloso also heard testimony from a policeman who happened to pass by the scene during the shooting and who also got shot at. PO2 Desiderio Pancho, of the 905th Provincial Mobile Group, likewise identified Maulana as the gunman.

Witnesses

Among others, Veloso also heard the testimony of SPO1 Marcelo Quevedo, the police officer who investigated the murder and who found one witness that got a good look of the killer.

The witness subsequently described the assailant to an artist and a sketch matching the description of Maulana was obtained.

The defense also presented their own witnesses, including Maulana, and tried to impress the court that Maulana was nowhere near the crime scene at the time the murder took place.

They said Maulana was in the town of Dinas, two hours away from Pagadian City, attending his younger sister’s wedding.

Maulana himself denied the allegations in the witness stand, adding that while he was tagged for crimes in the past, he was never convicted.

Weak defense

Declaring that alibi is a weak defense, Veloso pointed out that Dinas and Pagadian were only two hours away and that Maulana, theoretically, could be at one place and then quickly move to the other.

Besides, there was Amoro’s dying declaration.

Maulana, through his lawyer, said no declaration could have happened because the case records said he died instantaneously.

Veloso however clarified that “there was nothing in the testimony of the doctor (Samuel Mendero of the Pagadian City Medical Center) to indicate that the victim died immediately.”

“The doctor was never asked if death was instantaneous, considering the gunshot wounds the victim sustained,” she said.

Moreover, she added, the defense was not able to discredit or put into doubt that Amoro the broadcaster did expose his killer’s name.

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Lanao Del Sur JSCC Convenes for 2010 Elections

Marawi City, Lanao Sur - The Lanao del Sur Joint Security Control Center formally convened on January 24, 2010 at the Social Hall of the Provincial Capitol in Marawi City after a series of preliminary meetings. This was attended by the members of the JSCC which includes the COMELEC, the Philippine National Police and the Armed Forces of the Philippines. Leading the discussions were: ARMM Election Supervisor Atty Rey Sumalipao; Police Director Felizardo Serapio of Western Mindanao Directorate for Integrated Police Operations; PSSupt Bienvenido Latag, PRO-ARMM Regional Director; Atty Nasib Yasin, Provincial Election Supervisor and BGen Rey C Ardo AFP of the 103^rd Infantry Brigade. Also present during the meeting were the Municipal Election Supervisors, the Chiefs of Police of the different municipalities and the Battalion Commanders, Company Commanders and Staffs of all units under the 103^rd Brigade.

Atty Nasib Yassin, who is also Chairman of the Lanao del Sur JSCC, discussed the workings of the JSCC. He explained the different COMELEC Resolutions covering the conduct of an honest, orderly, and peaceful elections (HOPE) on May 10, 2010. He talked lengthily on the implementation of the Gun Ban and the conduct of COMELEC checkpoints. He reported that feedbacks from the civilians favor the establishment of these checkpoints.

The briefing of the 103^rd Infantry Brigade showed that since the start of the COMELEC checkpoint last January 10, a total of 16 persons were apprehended for violation of the Gun Ban: seven (7) policemen, one (1) soldier, one (1) MILF member, one (1) security guard, and four (4) civilians. The following firearms have been confiscated: four (4) cal 45 pistol, four (4) 9mm pistol, two (2) 12 gauge shotgun, one (1) Cal.38 revolver, and three (3) M16 rifles.

In his message, BGen Ardo asked for the cooperation and understanding of everybody in the conduct of these checkpoints as the soldiers are just following the guidelines stipulated in the COMELEC resolution. He also explained that the soldiers are always reminded to be polite and respectful in dealing with the motorists. “I am inviting the public to visit my office in case a soldier under my command manifests arrogance in the conduct of checkpoint,” he said as he stressed his point. He assured everyone with a commitment that the AFP will always be around to ensure a peaceful election. He suggested that all the candidates sign a covenant that they will support the conduct of an honest, peaceful and orderly election in May.

For his part, PSSupt Bienvenido Latag enjoined everyone to do their share to make the coming election successful. He stressed, particularly to the PNP COPs, that the gun ban should be applied equally to everyone, regardless of his or her position in the government or status in life. He commended the good working relationship between the Lanao del Sur PNP and the 103^rd Brigade.

During the open forum, Atty Pacaambung Macabando, the Provincial Prosecutor, Zenaida Ampatua, School Div Supt II and the others present expressed their support to ensure the success of the incoming election. Atty Macabando relayed the expectations of the people that finally elections in Lanao del Sur will be peaceful, even as he enjoined everyone to support the JSCC.

Police Director Serapio took time to explain the importance of the Joint Security Control Center and its mechanics as well as the important role of all those present whom he called the real heroes of the elections. He emphasized that coordination among the stakeholders is important for the success of the elections.

In closing, Atty Rey Sumalipao aired his hope that with the early preparations, the elections in Lanao del Sur will be successful and more credible. He also expressed his frustration that the province has been branded as the cheating capital of the Philippines. He said that the computerization of the elections will allow for the early publication of the results and minimize the election protests. He challenged everyone to do their share in changing public perceptions on how politics is done in this part of the country.

Other personalities who attended the meeting includes: Atty Lacsasa Macabangon, Marawi City Prosecutor; PSupt Siegfredo Kanos, ROPD PRO-ARMM; Col Felix J Castro Jr, 103^rd Deputy Brigade Commander, LTC Giovanni Franza of 51IB, LTC Jed G Motus of 65IB, LTC Rolando Nerona of 64IB and Normalla Pangandaman, School Div Supt I. (PR/2Lt Mayleen P. Sagadraca,S7-103^rd Bde, 1ID PA)

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International Mission Demands Arroyo Protect Media as Elections Loom

Philippines President Gloria Macapagal Arroyo and her Government must take all necessary measures to provide local media with protection ahead of upcoming elections, says the International Federation of Journalists (IFJ) and other members of an international solidarity mission that investigated the November 23 massacre of 57 people in the southern Philippines.

Among those killed were 32 journalists and media workers.

“The massacre underlines the terrible dangers that Filipino journalists face. It also highlights the inability and unwillingness of the State to ensure the protection and safety of journalists who are seeking to perform their duties,” the mission members say in their report, Massacre in the Philippines: International Solidarity Mission Rapid Assessment, released today.

The mission conducted its investigations in the Philippines from December 5 to 10 in association with the National Union of Journalists of the Philippines (NUJP), an affiliate of the IFJ. The team included representatives from leading journalists’ rights and press freedom organisations, including the IFJ, Indonesia’s Alliance of Independent Journalists (AJI), the Committee to Protect Journalists (CPJ), International Media Support (IMS), International News Safety Institute (INSI), the Institute for Studies on the Free Flow of Information (ISAI), Australia’s Media Entertainment & Arts Alliance, the Southeast Asia Press Alliance (SEAPA), the Thai Journalists’ Association (TJA), and Union Network International (UNI).

“Power-holders in the Philippines must act urgently on all the recommendations of the mission’s report to reverse once and for all the country’s shameful culture of impunity for the murders of journalists, tragically underscored on November 23,” IFJ General Secretary Aidan White said.

As the mission report went to press, the toll of media personnel killed in the massacre was revised up to 32, as it was confirmed that Saksi News photographer Jepon Cadagdagon was among the victims in Maguindanao province, Mindanao. The toll of 32 media personnel includes 31 whose bodies were recovered, as well as Reynaldo “Bebot” Momay who remains missing.

The mission team says that it holds grave concerns for the safety of Filipino journalists as the investigation and prosecution of the accused takes place in a tense environment ahead of national and presidential elections due on May 10.

“This massacre, coming at the very beginning of the 2010 election process, not only undermines that process but has dealt a cruel blow to democracy and free media in the Philippines,” the mission members say in their report.

They call on the Government to ensure media is able to report fairly and freely on the election campaign without undue risk. It also stresses concerns about judicial and forensic processes in view of the political ties between the Arroyo administration and the Ampatuan family in Mindanao.

Although at least 100 gunmen are believed to have been involved in the massacre, Andal Ampatuan Jr, the son of the clan patriarch, is the only person to be charged and brought before a court in direct connection to the massacre. He is pleading not guilty.

Among other significant concerns highlighted in the report is the role of Major General Alfredo Cayton, the Commander of the 6th Infantry Division in Maguindinao at the time of the massacre. The mission urges a full investigation into Cayton’s role and actions preceding the massacre.

Cayton, who denied requests for a military escort to accompany the convoy that was attacked on November 23, was stood down immediately after the massacre. However, he has since been promoted to Vice Commander of the Philippine Army.

The mission further calls for an investigation into reports that several members of the Philippine National Police were involved in the massacre.

It stresses that under United Nations Security Council Resolution 1738 (2006), the Government of the Philippines is required to ensure its security forces provide the protection due to citizens in areas of conflict within national borders, including media personnel.

The mission, which Arroyo declined to meet, further recommends:

­ The Government and local authorities must undertake all necessary measures to fully investigate the massacre and to ensure all evidence is properly preserved and available.

­ The Government and local authorities must provide all necessary measures for the protection and safety of witnesses, investigators, prosecutors, lawyers and judges.

­ Families must be provided with legal support to pursue the prosecution of perpetrators.

­ Observers and human rights groups must have full open access to legal proceedings.

­ The Government is urged not to reimpose martial law ahead of the May 10 elections.

The mission report will be officially released in the Philippines today at the launch of an organisation of families of journalists killed in the massacre, Justice NOW! The NUJP and Justice NOW! will conduct a press conference in Koronadal City, South Cotabato, where many of the families live.

In Quezon City, the November 23 Movement, which has been convened by the NUJP, will hold a candle-lighting vigil, among other activities to mark two months since the massacre.

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ROXAS: PNP ZAMBO SUR SHOULD BE ACCOUNTABLE FOR MURDERS

LOCAL POLICERESHUFFLE SHOULD FOCUS ON AREAS
WHERE THESE MAY BE USED FOR PARTISAN POLITICS

Senator Mar Roxas

(PR) - The Department of Interior and Local Government (DILG) should hold the Philippine National Police (PNP) in Zamboanga del Sur accountable for the four political murders that happened in the city just within this month, Liberal Party President Senator Mar Roxas said.

"Hindi puwedeng may tumulad pa sa Maguindanao pagdating sa dami ng mga patayang pulitikal (We should not allow another spate of killings in the scale of the Maguindanao massacre to happen)," he stressed.

"Dapat panagutin ng DILG ang kapulisan sa Zamboanga del Sur kung bakit sunod-sunod ang mga patayang bumiktima sa mga lokal na empleyado doon. Dapat managot sila kung bakit wala pa ring nahuhuli sa mga mga pumaslang hanggang ngayon (DILG should hold the Zamboanga del Sur police to account on the frequent murders of local employees there. They should answer for why they have yet to arrest a single suspect in all these killings)," he said.

The senator reiterated his demand to DILG Sec. Ronaldo Puno to account for and give a thorough explanation to the public as to why he failed to stop the rising incidence of violence that has so far victimized opposition candidates and supporters.

"The government has to stop this violence. Secretary Puno's failure to do his job is a sure sign the Administration is not intent on protecting the May 10 vote. If candidates and poll volunteers are blatantly killed, how can voters feel secure? How can they freely and confidently exercise their right to vote in this environment of fear?" Roxas stressed.

He emphasized that if the DILG must reshuffle its local police directors, it should focus on areas where the local police are likely to be used for partisan political purposes.

The Liberal Party earlier decried the arbitrary replacement of local police directors in areas where the administration is perceived to be weak, such as LP strongholds Cavite, Alaminos City and Capiz.

"Ang mga provincial police director na dapat tamaan ng rigodon, yung mga overstaying na dahil may kapit sa itaas, yung mga talagang kumakampi sa mga lokal na pulitiko, yung mga nagpapagamit sa pulitika (The provincial police directors who should be affected by the rigodon are those who are already overstaying because of connections upstairs, those who obviously side with some local politicians, those allowing themselves to be used in partisan politics)," Roxas stressed.

"Hindi tayo papayag na magamit nang labag sa kanilang kalooban an gating kapulisan bilang 'private army' ng administrasyon at ng mga kaalyado nito (We will not let the administration and its allies use the police, against their will, as their 'private army')," he stressed.

This January, the following government employees have been murdered:

·

Rascal Afdal - casual employee of Labangan municipality. Murdered on January 4 along the National Highway at Dao, Pagadian City, by armed motorcycle riders in the presence of his wife and some civilians.

·

Rose Pajente - operations manager of National Food Authority in Zamboanga del sur. Killed in broad daylight on January 11 near a PNP checkpoint in the National Highway, Tiguma, Pagadian City.

·

Hadja Anira Abdulah Agcong - staff of Labangan municipality Vice Mayor Wilson Nandang (LP bet as mayor of the said municipality). Shot to death on January 16 in front of Gaisano mall and her ailing son.

·

Mohaliden Pacman "Steve" Tapodoc - LP candidate for councillor in Labangan municipality. Killed by two motorcycle-riding assailants near the Filipinista Church and the Pagadian City hall.

"Sa mga pumaslang sa kanila: hinding-hindi ninyo mapapatay ang pag-asa at pangarap ng lahat ng Pilipino para sa tunay na pagbabago (To those who killed them: you will never, never be able to kill the hope and dreams of all Filipinos for real, transformative change)," he said.

Roxas, running-mate of LP standard-bearer Senator Benigno "Noynoy" Aquino III, challenged the government to swiftly bring the murderers to justice and to escalate its efforts to eliminate electoral violence.

"Kandidato man ng Liberal, Nacionalista, Lakas-Kampi o iba pang partido, dapat pantay-pantay ang proteksyon (All candidates--whether from LP, NP, Lakas-Kampi or other parties--should be equally protected)," he added.(Press Release from the Office of Senator Mar Roxas)

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Solon files bill vs AGUS complex privatization

By Ric Clet, Mangagawang Media Ng Mindanao

Iligan City – Representative Vicente ‘Varf” Belmonte of Iligan City has filed a bill in congress providing for exclusion from privatization of the National Power Corporation Agus Hydro Electric Power (HEP) plants.

The bill was filed during the joint session last month of the Senate and the lower House. Belmonte said “He is confident that the bill will not have a hard time at the house since speaker Prospero Nograles has expressed his support to the matter.

“There are six major plants that are slated to be sold this year”, Belmonte said.

The Power Sector Assets Liabilities Management Corporation (PSALMS), the state run overseer of power assets has line up six huge power plants for privatizations this year.

Base on official data, Psalms has scheduled the first sale of the 246 mega watt (MW) Angat Power plant in February this year.

PSALMS is a state entity created under the EPIRA Law to handle the privatization of the NPC asset including their contracted capacities.

Power plants included in this year’s disposal list are the 150-MW Bacon Manito, The 235-MW Bauang, the 310 MW Navotas, the 114 MW Iligan I and II and the 850-MW decommissioned Sucat.

From 2011 to 2013 PSALMS will be selling seven more power plants package.

These include the 982 MW Agus 1-7 and Pulangi 650 MW Malaya, Power barges 101,102,103,104 and the 149 MW capacity each and the 149 MW Cebu coal I and II and Cebu diesel I.

Psalms has already concluded its power plants sale process for 2009 with the successful negotiated bid of the Naga-based gas turbine last 2009.

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