CA: No probable cause vs Reyeses in Doc Gerry Ortega slay

THE COURT OF APPEALS on Tuesday nullified the creation of a Justice Department panel that recommended the filing of criminal charges against former Palawan Governor Joel Reyes and his brother Mario for the murder of environmentalist and radio broadcaster Dr. Gerry Ortega in January 2011.

The CA ruling effectively voids the findings of that panel against the Reyes brothers, who are believed to be in hiding in Vietnam.

TV5′s online site Interaksyon said Mario Reyes’ legal counsel Ferdinand Topacio was “expectedly happy with the ruling.”

“The Court of Appeals, in deciding for Mayor Reyes, has applied the laws and the relevant jurisprudence with an even eye and a steady hand. This is as it should be,” Interaksyon quoted Topacio as saying.

Ortega’s daughter, Mika Ortega, said the family was still in shock over the CA decision.

“Comes as a punch in the gut,” Ortega told the PCIJ. Ortega said the family will release an official statement later.

Doc Gerry Ortega was assassinated by a gunman on Jan. 24, 2011 in Puerto Princessa City. The gunman, who was immediately arrested by the police, identified his other accomplices, leading to the arrest of several more people up the chain of command. In the end, the man who claims to have been the organizer of the attack turned state witness, and identified the Reyes brothers as the ones who ordered him to execute the murder.

However, the first panel of prosecutors formed by the DOJ ruled that there was no probable cause against the Reyes brothers. In the ensuing outcry, the Justice Department reconstituted a new prosecution panel that ruled in favor of filing murder charges against the Reyes brothers in March this year. The second panel was the one that the Court of Appeals voided.


A documentary produced by the PCIJ on the Doc Gerry Ortega murder

FOI bill gets past committee; tougher battle seen in plenary

THE LONG-AWAITED Freedom of Information bill finally squeezed past the House Committee on Public Information today amid failed attempts by several legislators to derail the measure, or insert a Right of Reply (ROR) provision into the bill.

Manila’s media carried reports of the measure’s stormy passage through the committee on Tuesday, as FOI proponents battled it out with legislators who insisted first on the need to control alleged abuses by the media before passing an FOI measure.

In the end, 17 pro-FOI legislators voted in favor of passing a consolidated version of the bill. Three legislators voted against the measure, and one abstained.

Nueva Ecija Rep. Rodolfo Antonino, who successfully blocked a vote on the bill in the last hearing, tried to stage a second attempt at a filibuster by speaking for almost an hour, according to a report by GMANewsTV. Antonino repeatedly insisted on inserting an ROR rider, saying that Congress must not give media “unbridled access to information” as this would be prone to abuse.

Proponents of the ROR rider insist that media give those who claim to be the subject of negative reports equal time and prominence in their subsequent replies. Media organizations insist that this is an encroachment on the editorial discretion of media organizations to determine what and how much should see print or airtime.

When legislators backing the FOI tried to put the brakes on Antonino’s apparent soliloquy, Antonino accused them of trying to railroad the passage of the FOI.

The remark drew the ire of FOI advocates who attended the hearing, as the measure has been pending in Congress for the last 14 years. The bill almost got through the congressional wringer in the 14th Congress, lacking merely a vote to ratify the consolidated versions of the House and the Senate.

TV5′s online site Interaksyon said the committee report is expected to be finalized next week, after which it would be reported on the floor.

However, the question of when the committee report will be reported on the floor will be determined by the House leadership, which has so far appeared cool to the FOI bill.

As well, Deputy Majority Floor leader Erin Tanada, one of those who pushed the bill through the committee, said that the public can expect even more debates on the FOI on the Congress floor, raising the possibility of even more delays as the measure goes up against oppositors and a lukewarm House leadership. Malacanang has also appeared to have distanced itself from the measure.

Atty. Nepomuceno Malaluan, convenor of the Right to Know Right Now! coalition, an alliance of 150 media, civil society, and lawyers’ groups pushing for the FOI, said that while the coalition is grateful to its champions in Congress, now is not the time to let their guard down.

“Despite all the odds, we got the vote.” Malaluan said. “The ball now shifts to the leadership of the country. At the House of Representatives, the challenge is for the Majority Floor Leader to calendar the sponsorship of the bill, the interpellation of the bill, and the period of amendments.”

“They have to treat this with urgency if they are really committed to pass the FOI,” Malaluan added.

“It remains an issue of political will, especially now that it is in the hands of the leadership,” he added. “There is no more buffer of a committee.”

Malaluan also pointed out that the measure still has a long way to go through the congressional wringer. “In reality, it is even farther than where we were during GMA’s administration in terms of the legislative stage,” he said.

Malaluan added that the three committee members who voted against the FOI – Reps. Rodolfo Antonino, Lani Mercado, and Amelita Villarosa – all claim that media has abused its right to freedom of the press, thus the need for an ROR rider. Malaluan said the issue of media abuse was being used as a “bogey, as a foil against the passage of the FOI.”

 

 

PNoy orders probe of Ampatuans in LP slate

PRESIDENT BENIGNO S. AQUINO III has ordered a probe into reports that several members of the Ampatuan clan have been endorsed by the ruling Liberal Party (LP) for the 2013 local elections, media organizations reported on Tuesday.

The probe comes in the wake of a report by the Philippine Center for Investigative Journalism that at least 9 members of the Ampatuan clan were included in the LP’s 2013 slate. The list includes Andal Ampatuan Sr.’s half-brother, Sarip Ampatuan, who is running for mayor of Shariff Aguak.

The PCIJ also found that 34 other candidates with the surname or middle name Ampatuan are running under the opposition’s Partido ng Masang Pilipino, led by former President Joseph Estrada, and the Partido Demokratiko Pilipino-Laban ng Pilipino (PDP-LABAN). The two parties make up the United Nationalist Alliance of Vice President Jejomar Binay.

Budget Secretary Florencio Abad said the President ordered him, Energy Secretary Jun Abaya, and Local Government Secretary Mar Roxas to conduct a probe into the matter, and determine if the endorsements of the Ampatuan candidates should be upheld by the party. Read the story that came out on GMANewsTV here.

Earlier, Senator Franklin Drilon, a senior member of the LP, strongly objected to the inclusion of the Ampatuans in the LP slate, given the role that prominent members of the clan had in the 2009 Maguindanao massacre.

For his part, UNA Secretary General Toby Tiangco had denied that the opposition coalition had endorsed any member of the Ampatuan clan. This, even though a list furnished by the Commission on Elections showed that 18 Ampatuans were running under the PDP-Laban, and another 16 were running under the PMP.

Interestingly, Tiangco said that the opposition alliance would have no problems endorsing the wife or brother of any of the Ampatuans who were charged for the massacre, so long as these candidates themselves were not involved in the crime. Tiangco said it would be unfair to remove the endorsement of a candidate just because of his last name.

The PCIJ had discovered that the wives of Zaldy Ampatuan and Andal Ampatuan Jr., both principally accused in the massacre, were running for a second term under the PDP-Laban.

 

 

Lipat-Bahay: The story of the Ampatuan assets

THE PHILIPPINE CENTER FOR INVESTIGATIVE JOURNALISM (PCIJ) is proud to publish its latest documentary, LIPAT-BAHAY: The Ampatuans – Mansions, Money, and Politics.

The 25-minute documentary is based on the two-part investigative report produced by the PCIJ on the extent of the fabled wealth of the Ampatuan clan, the family accused of masterminding the murder of 58 people, including 32 journalists, in the worst case of election-related violence in Philippine history.

As well, the documentary shows how the family has made a comeback of sorts on the political front, bagging a significant number of slots on the official slates of both the opposition United Nationalist Alliance coalition of Vice President Jejomar Binay, and the ruling Liberal Party of President Benigno Simeon Aquino III.

The documentary also exposes the sale of eight of these properties by Andal Ampatuan Jr to one of his own lawyers, raising concerns that the sale was meant to place the properties beyond the reach of the civil forfeiture case that the Anti-Money Laundering Council had filed against the clan.

The story is based on documents unearthed by the Mindanao news cooperative Mindanews and the PCIJ, including land titles or transfer certificates of title (TCT), corporate filings, and records of the Court of Appeals, the Manila Regional Trial Court, and the Commission on Elections.

PCIJ docu on Ampatuan wealth airs tonight on GMANewsTV

THE PHILIPPINE CENTER for Investigative Journalism (PCIJ) is proud to announce the airing tonight of a two-segment documentary on the extent and state of the Ampatuan clan’s real property assets.

Titled Lipat-Bahay, the documentary will be shown from 10 to 10:30 p.m. tonight, November 24, 2012, on GMANewsTV Channel 11 (on free TV) and Channel 24 (for cable subscribers).

The documentary was written, produced, and hosted by PCIJ Multimedia Director Ed Lingao, who has won a slew of awards for his outstanding work portfolio as a journalist, and for his dedicated coverage of Mindanao and conflict-torn areas in the country and overseas.

This is the latest edition of PCIJ’s documentaries on the Maguindanao massacre and other media murders in the Philippines that Lingao has produced for the PCIJ in the last three years.

The documentary that will air tonight on GMANewsTV builds on the PCIJ’s two-part special report also authored by Lingao, on the extent of the real properties of the Ampatuan clan. The patriarch and scions of the clan stand accused as masterminds of the massacre of 58 people, including 32 journalists, in 2009.

As well, the documentary exposes the sale of at least 8 pieces of real property by Andal Ampatuan Jr to one of his young lawyers. Legal experts have raised ethical and legal questions about the sale.

The Ampatuan estate remains under a court freeze order on account of a civil-forfeiture case that the Anti-Money Laundering Council filed in June 2011 initially before the Court of Appeals, and is now pending before a Manila trial court.