Category: Noynoy Watch

The clan politics of Maguindanao

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WHEN one talks about politics and elections in Maguindanao, one will have to reckon with the clans, too. Or, a web of clans to be exact.

A spider couldn’t have spun a more complicated fabric of power: an interlocking network of a dozen families that link in and out to each other, each with at least six to at most 80 clan members running yet again in May 2013 for elective positions that they have controlled for decades.

Led by the Ampatuans – whose patriarch and scions stand accused as masterminds of the Maguindanao Massacre of November 2009 – these families include the Sangkis and Mangudadatus, Midtimbangs, Sinsuats, Dilangalens, Datumanongs and Hatamans, and the Semas, among others.

By blood or affinity, they are all related, their political and economic clout strong and unrivaled in Maguindanao, and now spreading to Sultan Kudarat and Basilan.

The Commission on Elections’ official list of candidates for the May 2013 elections reads like a who’s who of Maguindanao’s royal families, with the Ampatuans still top of the roster, with 80 candidates carrying Ampatuan as their middle or last name.

They are followed by the Midtimbangs and the Sangkis who are related by marriage to the Ampatuans, with 26 and 25 candidates, respectively; and the Mangudadatus, the foremost rival of the Ampatuans in the 2010 elections, with their own team of 18 candidates.

Also with 22 candidates are the Sinsuats; 15 for the Pendatuns; 14 for the Matalams, and eight for the Masturas.

The irony of Maguindanao is this: Far too many candidates — 1,180 in all for just 369 positions up for grabs — but far too few real choices.

In this three-part report, PCIJ MUltimedia Director Ed Lingao reviews the backward and forward links of the clan politics of Maguindanao, and its likely adverse impact on the May 2013 elections — an unchanged situation of poverty, absentee local officials, bad governance, and an unyielding culture of violence.

To illustrate the ties that bind, PCIJ Research Director Karol Ilagan worked on a diagram of how Ampatuans and their relatives form the other clans connect. The result is not a family tree but a spider web of clan networks that has defined, and continues to define, Maguindanao.

The most dynastic province in the Philippines, or one host to “the fattest dynasty” in the land, Maguindanao is a constant cellar dweller in lists of the poorest provinces of the country. It also ranks significantly low in indices of good governance.

Read The Clan Politics of Maguindanao here:

Part 1: Ampatuans, web of kin warp Maguindanao polls
Sidebar 1: The ties that bind

Burgos family: New evidence shows military role in Jonas’ abduction

Ed Lingao Leave a comment

jonas burgos picture
Photo of Jonas released by Burgos family, allegedly taken while in military custody

THE FAMILY of Jonas Burgos on Monday submitted to the Supreme Court what it says is new evidence to prove the military’s role in the 2007 kidnapping of the activist, and asked the tribunal to order a new probe by the Court of Appeals.

Edita Burgos, mother of Jonas and widow of press freedom icon Jose Burgos, filed an urgent ex parte motion with the Supreme Court asking the tribunal “to refer back the cases to the same division of the Court of Appeals for further hearing on the newly discovered evidence.”

The documents, Mrs. Burgos said, include a photograph of Jonas Burgos, as well as an “after apprehension report,” a “psycho social processing report,” and an “autobiography” of the missing activist. She said the photograph of Jonas Burgos was apparently taken when he was already in military custody. The after apprehension report and psycho social processing report, in turn, were allegedly prepared by Jonas’ captors for the benefit of their superiors.

Mrs. Burgos said the documents were handed to the family by a source who had links to the military. She refused to release copies of the documents to the media, saying these were instead sealed in an envelope and submitted to the Supreme Court for the tribunal’s perusal.

The Burgos family however released copies of the photograph of Jonas, which the family believes was taken by his military captors in a safehouse. The low-resolution photo shows a dazed-looking Jonas staring at the camera. Behind him is a rough painted wall with what appears to be a window. The family believes that the shirt Jonas was wearing in the photograph was also the same shirt he was wearing when he was abducted on April 28, 2007. The family also believes that the handkerchief tied around his neck was the one used to blindfold Jonas.

“I was stunned. It took me a long time, a few minutes before I could react. And I knew 100 percent that was my son.” Mrs. Burgos said. “My first tendency was to see if he had marks on his face, but I could only see the marks produced by… probably he was blindfolded. And you could see the blindfold draped around his neck”

“We hope this will be the start of something new and the process will be faster,” Mrs. Burgos said.

“The petitioners received from a source who has requested to remain anonymous at this point documentary evidence that would prove that an intelligence unit of the 7th Infantry Division of the Philippine Army and the 56th Infantry Battalion operating together captured Jonas Burgos on April 28, 2007,” the Burgos family said in their petition.

“The newly discovered evidence will prove that the officers and enlisted personnel of the particular unit of the 7th ID and the 56th IB are responsible for the enforced disappearance of Jonas Burgos,” the petition stated. “And that these units captured and interrogated him and based on the same evidence, could probably continue to detain him or God forbid, had disposed o fhim in the manner that only they could explain.”

Military spokesman Major Emmanuel Garcia said the military cannot comment on documents that it has not seen. In the end, Garcia said, the Burgos family would have to file the appropriate charges in court if it feels the evidence warrants such a move.

“We cannot stop them from seeking legal remedies,” Garcia said. “And that (courts) is available to them.”

The revelations come just days after the Court of Appeals released its findings after a three year probe into the Jonas Burgos case. On March 18, the Court of Appeals declared that the Philippine military was both responsible and accountable for the disappearance of Jonas Burgos. The Court ordered all government agencies, including the Armed Forces of the Philippines, the Philippine National Police, and the Commission on Human Rights to exert all efforts to find Jonas Burgos and bring his kidnappers to justice.

 

Prudence in handling media cases, media group cautions DOJ

Ed Lingao Leave a comment

WHILE MEDIA ORGANIZATIONS would want swift government action on media murder cases, government should still exercise prudence and caution, a media group said over the weekend.

The National Union of Journalists of the Philippines said that the recent handling by the Department of Justice of the case of murdered broadcast journalist Gerry Ortega may have actually done more harm than good.

Last week, the Court of Appeals nullified the DOJ’s creation of a second panel of prosecutors to investigate the Gerry Ortega case. The first panel of prosecutors had dropped former Palawan Governor Joel Reyes and his brother Mario from the charge sheet in the Ortega murder case. But after an ensuing outcry, Justice Secretary Leila de Lima immediately created a second prosecution panel that indicted the two. The murder case is now pending before the Puerto Princes Regional Trial Court.

However, the CA ruled that De Lima committed grave procedural lapses in creating the second panel. The CA said that while De Lima had the authority to reverse the first panel’s findings, she should have simply overturned it instead of ignoring it and creating a second panel. In effect, the CA said the first panel’s findings were still hanging and waiting for resolution.

Also left hanging was an appeal filed by Ortega’s wife Patty to reverse the first panel’s findings. The CA said both the first panel’s findings and Ortega’s appeal should have been resolved first.

“We find no legal basis for the second panel of prosecutors to modify the finding of the first panel of prosecutors. It must be remembered that the first panel and second panel of prosecutors are co-equals. As such, both of them are on the same level and one cannot modify the resolution of the other,” the Appellate Court decision reads in part.

The NUJP said Justice officials should take greater care not to trip over legal proceedings that could endanger the case.

“However, instead of taking action on the first panel’s decision and Patty’s petition, De Lima formed a second panel of prosecutors. The DOJ should be more careful not be caught in their own bureaucracy,” said NUJP national vice chairman Alwyn Alburo. Alburo added that lapses like these could weaken Ortega’s quest for justice.

Alburo added that De Lima still faces “the challenge of doing what is right for the case so that justice will be delivered to the Ortegas.”

Alburo also said that the CA ruling does not touch on the merits of the case, but merely on the procedural aspect. Nevertheless, Alburo said greater care should be exercised by the DOJ if the case is to move forward, he said.

“But we stand by the analysis of Atty. Alex Avisado (legal counsel of the Ortegas) when he said that the CA ruling did not absolve the guilt or proved the innocence of the accused,” Alburo said.

TV5′s Interaksyon quoted Avisado saying the High Tribunal’s decision is favorable for their case. “The ruling does not in any way absolve the Reyes brothers. Nor is it final and executory. This is a purely legal issue,” Avisado was quoted by Interaksyon.

Alburo also said the NUJP is “saddened” by the slew of inaccurate news reports and misleading headlines following the decision of the CA.

“We are alarmed with the CA (Court of Appeals) ruling because it has given rise to different interpretations in the media. We are saddened at the news articles that reported the Appellate Court acquitted ex–Palawan governor Joey Reyes—some news organizations even used the term absolved,” he said. Alburo pointed out that many news sites reported that the CA had already cleared the Reyes brothers of the charges against them, when the CA only nullified the second prosecution panel and ordered De Lima to act on the findings of the first. The NUJP said these sites include GMA News Online, Inquirer, Rappler, Manila Times, The Daily Guardian, News Desk Asia, Sunstar, and Net25.

Doc Gerry Ortega—a radio broadcaster in Puerto Princesa City, Palawan—was a staunch environmental advocate and a vocal critic of then Palawan governor Joel Reyes. Ortega had criticized how Reyes handled the funds from the Malampaya Gas Project off the coast of Palawan. Along with his brother Coron mayor Mario, Reyes was tagged as the mastermind behind the shooting of Ortega inside a retail store on January 2011. The alleged gunman Marlon Recamata had confessed in court to shooting Ortega, while Rodolfo Edrad, Jr—a former aide of Joel Reyes—admitted to hiring Recamata.

Regional Trial Court (RTC) Branch 25 Judge Angelo Arizala has allowed Edrad to turn state witness. Edrad is currently under DOJ’s Witness Protection Program. Other suspects involved in the shooting are Valentin Lecias, Arturo Regalado and Romeo Serratubias. The gun used in the shooting was traced back to Serratubias—who used to serve as Reyes’ provincial administrator.

CA reverses indictment of Reyeses in Gerry Ortega murder case

Ed Lingao Leave a comment

ortega

THE CRIMINAL CASE against the main suspects in the Gerry Ortega murder struck a snag after the Court of Appeals reversed the recommendation of government prosecutors to indict former Palawan governor Joel Reyes and his brother Mario for the crime.

The Court of Appeals Special 10th Division said there were glaring procedural lapses on the part of Justice Secretary Leila de Lima.

The CA was acting on a petition filed by Mario Reyes questioning the decision of DOJ prosecutors to indict him and his brother for the Ortega murder. The CA ruling does not touch on the merits of the murder case against the two main suspects.

In a ruling penned by Associate Justice Angelita Gacutan, the CA noted that a special panel of DOJ prosecutors had dismissed the murder complaint against the Reyes brothers on June 8, 2011.

Ortega’s wife Patty immediately filed an appeal to overturn the decision.

Instead of acting on the finding and the appeal, however, Secretary de Lima immediately created a second panel of prosecutors that overturned the first panel’s decision and indicted the two brothers.

The CA said De Lima acted with grave abuse of authority when she immediately created a second panel to reinvestigate the Ortega case. By doing so, De Lima had simply ignored both the first panel’s findings, and even the appeal filed by Ortega’s widow.

The CA said De Lima should have acted on the first panel’s findings; as Secretary of Justice, she had full authority to affirm or reverse the panel’s recommendation anyway. She did not, however, have the authority to ignore it.

Thus, De Lima should now review the first panel’s findings and decide accordingly, the CA said.

“The Secretary of Justice should act on it, and she could either modify, reverse, or affirm the resolution of the first panel of prosecutor when she resolves the said petition for review,” the CA said. “While this court is in accord with the power of the Secretary of Justice to conduct investigation and reinvestigation, this court is also cognizant that in the exercise of such power and task, as mandated by law, there are specific rules of procedures to be adhered to by all concerned.”

In fact, the CA pointed out that since De Lima had not acted on either the first panel’s recommendations or Ortega’s appeal, “it is safe to assume that (they are) still waiting resolution by her office.”

“Since at this precise moment this finding by the said panel of prosecutors has not yet been reversed, affirmed or modified by public respondent Secretary of Justice, such finding is still valid. For all intents and purposes, therefore, (the Reyes brothers) should not have been indicted for the crime of murder,” The CA said.

Media groups lamented the CA decision, saying it sends the wrong message both to journalists and those who would want to harm them. The National Union of Journalists of the Philippines says the decision sends the signal that journalists could be killed with impunity. Lawyers for the Ortega family in turn said the CA ruling does not absolve the Reyes brothers of the murder case; all it does is raise legal and procedural issues that have nothing to do with the merits of the case.
The Reyes brothers were charged with masterminding the murder of Ortega in Puerto Princesa City in January 2011. Ortega was a crusading radio broadcaster and environmentalist who was also a fierce critic of former Palawan governor Joel Reyes and his handling of funds derived from the Malampaya Gas Project off Palawan. The brothers were tagged as the masterminds of the murder by the gunman and his accomplices, who were arrested immediately after the killing.

The case is now pending before the Puerto Princesa Regional Trial Court Branch 52. Arrest warrants were issued against the Reyes brothers last year; however, the brothers were reported to have fled to another country before the warrants could be served.

UNDP: PH still behind in human development

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UNDP

THE PHILIPPINES still has a long way to go while some of our neighbors in Asia have zoomed their way towards becoming the fast-rising new powers in the global stage.

According to the United Nations Development Programme (UNDP) 2013 Human Development Report, “The Rise of the South: Human Progress in a Diverse World,” there has been a “profound shift in global dynamics by the fast-rising new powers of the developing world and its long-term implications for human development.”

In its 22nd edition, the UNDP report noted that there have been 40 developing countries which earned significant strides in human development and are expected to continue to grow. The report further said that by 2030, the southern countries will be hosts of at least 80 percent of the world’s middle class.

Here in the Asia Pacific region, the report noted the strides in improvement of the Human Development Indices of China, Indonesia, Malaysia, Vietnam and Thailand. Although having significantly lower incomes than the middle class of the northern countries, the UNDP report expects the Asia Pacific region will have “billions of people becoming increasingly educated, socially engaged and internationally connected.”

“By 2020, the combined economic output of three leading developing countries alone—Brazil, China and India—will surpass the aggregate production of Canada, France, Germany, Italy, the United Kingdom and the United States. Much of the expansion is driven by new trade and technology partnerships within the South itself,” United Nations Development Programme (UNDP) administrator Helen Clark writes in the report’s foreword. The UNDP report covered a total of 186 countries.

“China has already overtaken Japan as the worlds second biggest economy while lifting hundreds of millions of its people out of poverty. India is reshaping its future with new entrepreneurial creativity and social policy innovation. Brazil is lifting its living standards through expanding international relationships and antipoverty programs that are emulated worldwide,” the UNDP report reads.

However, in the same UNDP report, Philippines lagged behind some of its Southeast Asian neighbors at 114th for the fifth consecutive year with a Human Development Index (HDI) score of 0.654. The report further noted that this improvement is “still slightly below the East Asia and the Pacific regional average of 0.683.”

Here are the other findings of the UNDP for the Philippines:

  • Life expectancy in the country is at 69 years old.
  • The country ranked 77th in the Gender Inequality Index. This ranking is the third lowest rank when compared to other neighbors in Southeast Asia.
  • At least 18.4 percent of the country’s population earned below US$1.25 from 2011 to 2012.
  • Subsequently, around 9.1 percent of the total population is vulnerable to poverty while 5.7 percent are living in severe poverty
  • The country’s Gross National Income per capita level is US$3,752.
  • Debt servicing was the highest priority in terms of public spending which accounts for 6.5 percent of the Gross National Product in 2009,while its education spending is inversely proportional averaging 2.5 percent of the GDP from 2005 to 2010.

In its latest report, UNDP also predicted there would at least 126.3 million Filipinos by the year 2030.

Along with five Southeast Asian countries, the Philippines has been ranked as a medium human development country. Thailand, with an HDI score of 0.690, has been ranked at 103, while Indonesia—tied with Kiribati and South Africa—is ranked 121 with an HDI score of 0.629. Not far behind is Vietnam ranked at 127 with an HDI score of 0.617 and Cambodia, which is ranked 138 with an HDI score of 0.543, is tied with India.

Only Malaysia—ranked 64th with an HDI score of 0.769 and tied with Libya and Serbia—was ranked as a high development country.

Read the full UNDP report here.