PECOJON Magazine AMpa Massacre

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    Editors Note

    STAGGERING. This best describes how the Philippine news mediacommunity is currently experiencing more than a month after theAmpatuan massacre last Nov. 23 that killed at least 57 people, 32 of

    them journalists and media workers.

    Even then, it has to move forward from this sorry condition to fullyget back to the crucial business of reporting about the real state of thecountry and its peoples. And seeking accountability for the brutality

    will be its most pressing challenge in moving forward.

    Bringing before the bar of justice the

    people responsible for the crime will be amajor effort to pursue.

    Another will be a more vigorous

    campaign to battle the culture of impunity.This is the very social circumstance that shaped up the character of the

    massacre perpetrators.

    In this edition of the PECOJON Digest, we train our sight on the

    signiicant issues related to the Nov. 23 massacre in aid of making senseof the dire event.

    In his story Patience in search of justice, long-time justice beatreporter Karlon Rama shows us the legal landscape attendant to thestruggle to seek accountability

    for the brutality suffered bythe victims of the Ampatuan

    massacre. This provides us apeek into the hard realitiesof litigation in which crafty

    moves are equally vital as theweight of evidence to prove a

    case.

    A sidebar story summarizes

    the arguments of severalAmpatuan clan members in

    From brutality to accountability

    FOUNDED in 2004 by Filipino and German journalists, PECOJON - The Peace

    and Conflict Journalism Network, unites reporters, editors, photographers and

    academicians and other communication professionals under the goal of providing

    human, conflict-sensitive and quality reporting of conflict, crisis and war.

    Through this type of reporting, it aims to empower people in the most challenging

    moments of their lives to make well-informed decisions and reclaim control over their

    situation despite the manipulative power of propaganda and the painful experience of

    conflict and war.

    Along this principal goal, PECOJON seeks to develop the capacity of the news

    industry to undertake conflict-sensitive journalism.

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    T h e P e a c e a n d C o n f l i c t J o u r n a l i s m N e t w o r k

    answer to allegations they planned and carried out the massacre.

    Mindanao-based journalist Ryan Rosauros Counting deaths andtoll on the living tries to fathom the impact of the massacre on thePhilippine news media community which continues to stagger with the

    event up to now.

    An accompanying article describes the effort of the National Union

    of Journalists of the Philippines to set up a Justice Fund to bankrollactivities geared at seeking accountability for the incident and the

    related circumstances that contributed to the shape up of events leadingto the carnage.

    Clans in clash provides us a historical look at the relationshipbetween the Mangudadatu and Ampatuan families, and tries to tracethe source of their falling out.

    A sidebar story by Ben Jason Tesiorna, Starting them young?describes how some scions of both the Mangudadatu and Ampatuan

    clans were reared into the gun culture widely prevalent in their homecommunities.

    A photo essay by Rommel G. Rebollido, Pen vs Sword, takes us tothe emotion-illed and gripping moments in the wake of the massacre.

    In this edition, and hopefully in the others that follow, we featureviewpoints that enrich the body of knowledge underpinning the practiceof conlict-sensitive reporting.

    The editorial, Uncovering the coverage landscape is an attempt tosqueeze lessons from the incident on reporting about sensitive topics

    from conlict-ridden areas like Maguindanao.

    We also run here a piece by Antonia Koop, An Open Letter to Non-

    journalists, which she wrote in the aftermath of the massacre. It isan appeal for greater public ownership of the journalism professionand hence, also public obligation to protect the lives of journalists.

    Journalism is not about journalists; it is about public interest.

    Beyond the enormous loss, it can be categorically said that journalists

    in the Philippines have found themselves in greater community withone another in the aftermath of the massacre. This can be the situation-

    changing asset for them, not only to cope, b ut to overcome.OUR COVER. Erlyn Umpad weeps while grieving for her loved one,

    UNTV reporter McDelbert Arriola who was killed along with 57 others in

    Maguindanao on Nov. 23. Cover photo byRommel Rebollido

    PECOJON Digest remembers the Nov. 23 massacre by the colors of its

    cover. Black joins the families, relaves and friends in mourning those

    killed and red reminds the ruthless killings on that day.

    CONTENTS PAGE TITLE

    PATIENceINSEARCH OF JUSTICE

    CLANS IN CLASH

    4 5AMPATUANSBELIEWITNESS CLAIM

    COUNTING DEATHSAND TOLL ON THE LIVING

    17GROUPS RESPONDTO MASSACRE AFTERMATH12

    18

    2728STARTING THEM YOUNG?

    PEN VS. SWORD

    EDITOR'SNOTE

    FROM BRUTALITYTO ACCOUNTABILITY

    EDITORIAL:

    uncovering thecoverage landscape

    1 30 33AN OPENLETTERTONON-JOURNALISTS

    PHOTO ESSAY

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    T h e P e a c e a n d C o n f l i c t J o u r n a l i s m N e t w o r k

    Patien ce in s earch of j ustic e

    THE gates of justice turn on slow

    hinges and the private complainants in the

    murder cases against an indicted member

    of the Ampatuan family, as well as others

    still undergoing preliminary investigation,

    can only wait.

    Yet comfort may lie in the surviving

    words of the late Sextus Empiricus. The

    mills of the gods grind slow, says the

    Roman philosopher, but they grind

    exceedingly ine.

    Chairperson Leila De Lima of the

    Commission on Human Rights reminds

    journalists and victims families not to

    take the law into their hands, followingan incident where journalists mobbed

    and hurt Andal Ampatuan Jr., principal

    suspect in the Nov. 23 massacre.

    Irrespective of what we think or feel,

    everyone has human rights, even suspects

    and convicted criminals. Violators of the

    law have limited rights but have rights

    nonetheless. The only limitations are

    those set by law, such as restrictions to

    right of liberty on account of detention,

    De Lima said.

    Andal Jr. stands charged with 56

    counts of murder before the Regional

    Trial Court (RTC) for the Nov. 23 massacre

    Swift justice has been a persistent cry ofthose who lost loved ones in the Ampatuanmassacre. Yet, the Philippine legal systemprovides enough opportunity for theaccused to prolong the process.

    COURTS. Government prosecutors file murdercharges against Andal Ampatuan Jr., at a localcourt in Cotabato City.

    D e c e m b e r 2 0 0 9

    of 57 people, 32 of whom were media

    practitioners, in Sitio Masalay, Barangay

    Salman, Ampatuan town, Maguindanao.

    On the other hand, the Philippine

    National Police has detained six other

    members of the Ampatuan family, all

    taken within hours after the Presidents

    imposition of Martial Law over the entire

    Maguindanao province on Dec. 5, 2009.

    Former Maguindanao Governor

    Andal Ampatuan Sr., Autonomous Region

    for Muslin Mindanao (ARMM) Governor

    Zaldy Ampatuan, Mamasapano Vice Mayor

    Akmad Ampatuan, Shariff Aguak Mayor

    Anwar Ampatuan, Acting Maguindanao

    Governor Sajid Ampatuan, and Krauner

    Ampatuan have yet to be charged in C ourt

    though.

    Complaints, which include rebellion,

    have also been iled against them and

    over 600 more people. As of this writing,

    these are still undergoing preliminary

    investigation.

    Complaints

    Defense lawyer Sigfrid Fortun, who

    represents Andal Jr.

    in what is sure tobe a lengthy legal

    battle, has already

    accused the justice

    department of bias.

    He highlighted

    his point by telling a

    panel of prosecutors

    last Dec. 18 that

    Andal Jr. was not

    going to submit a

    counter-afidavit.

    The panel was

    then conducting

    the preliminary

    investigation on the

    Ampatuans belie witness claimFOUR of the six Ampatuan family members the police held following the Nov. 23 killings in

    Maguindanao have formally denied any involvement to the incident and, in separate counter-

    affidavits, cited a lack of direct evidence linking them to any crime.

    Brothers Zaldy, Sajid Islam and Anwar, as well as cousin Akmad Ampatuan, all of whom hold

    public office in Maguindanao, claimed they were not aware of the massacre, with one saying

    he was with President Arroyo when the killing took place.

    In a three-page affidavit, subscribed before Assistant City Prosecutor Venchito Bangayan of

    General Santos, Zaldy, Autonomous Region in Mu slim Mindanao (ARMM) governor, called the

    allegaons of a witn ess a sham.

    The witness, Kenny Dalagdag, is an alleged member of the Ampatuans supposed private

    army who claimed to be present during a meeng a day before the killings at the ShariffAguak

    home of Andal Ampatuan Sr.

    The plan to kill the journalists and supporters of Buluan town vice mayor Esmael Toto

    Ampatuan belie 11

    CACHE. Hundreds of rounds of ammunition for machineguns, mortarsand rifles were found by government troops in hastily dug pits aroundShariff Aguak town.

    Its doors then forced

    a yawning chasm great,

    Unfolding giant wings attached with pins

    Of brass in two-way hinges.

    Squealing dins

    The air with painful moans,

    as doors ixed fast

    With rows of riveted boltswheel lazily past

    -- Parmenides maidens persuade

    vengeful Justice to open Her Gates

    5

    Text by Karlon N. Rama and

    photos by Froilan O. Gallardo

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    remaining 16 of the now 56 counts of

    murder against him.

    He also announced that other

    immediate Ampatuan family members,

    whom he also represents, will also not be

    submitting counter-afidavits in so far as

    murder is concerned.

    The justice department irst iled 25

    counts of murder against Andal Jr. last

    Dec. 1. The cases were lodged before the

    Cotabato City Regional Trial Court, which

    has jurisdiction over where the massacre

    took place.

    Additional 15 counts of murder were

    iled by the Department of Justice (DOJ)

    last Dec. 9 after processing documents

    for 15 more victims. It was also iled with

    the Cotabato RTC and submitted before

    the cases were transferred to t he Quezon

    City RTC in compliance with a Supreme

    Court order dated Dec. 8.

    Last Dec. 21, days after Fortun

    manifested that they were not submitting

    a counter-afidavit, the justice department

    lodged 16 more counts of murder against

    Andal Jr., bringing the total to 56 cases

    already in court.

    A counter-afidavit is a legal document

    whereby the respondent in a complaint

    answers the allegations leveled.

    Process

    The legal process starts with a

    complaint, executed in the form of an

    afidavit containing an allegation that

    a certain person or group of persons

    committed an illegal act before the DOJ.

    The DOJ then gives the accused, known

    as respondent, opportunity to refute the

    allegation, via a counter-afidavit.

    In the process of preliminary

    investigation, the assigned prosecutorstudies the evidences and both the

    complaint-afidavit and the counter-

    afidavit to determine whether there is

    probable cause to believe that a crime

    was committed and that the accused is

    probably responsible.

    If a respondent

    declines to submit

    a counter-afidavit,

    the prosecutor

    is compelled

    to resolve the

    complaint based

    only on the

    evidence at hand.

    If probable

    cause is

    d e t e r m i n e d ,

    the prosecutor

    prepares an i n f o r m a t i o n

    which is lodged

    before the court.

    Behemoth

    The totality

    of the complaints

    indicts 638 people and of whom only 25

    are in custody so far.

    It includes one for murder against

    Andal Sr., as well as rebellion against

    him, three of his sons Zaldy, Sajid and

    Anwar and 20 other individuals, for

    T h e P e a c e a n d C o n f l i c t J o u r n a l i s m N e t w o r k

    RAID. PNP Special forces raid several houses of the Ampatuan clan inShariff Aguak, searching for evidence that could be linked to the massacreof 57 civilians, including 32 journalists.

    D e c e m b e r 2 0 0 9

    allegedly trying to go up in arms against

    the government following Andal Jr.s Nov.

    27 arrest.

    The others indicted include Vice

    Governor Akmad Tato Ampatuan, Goldo

    Ampatuan, Abdulla Kaliangat Ampatuan,

    Kusain Akmad Sakilan, Jovel Vista Lopez,

    Rommy Gimba Mamay, Sammy Duyo

    Villanueva, Ibrahim Tukya Abdulkadir,

    Samil Manalao Mindo, Amaikugao

    Obab Dalgan, Billy Cabaya Gabriel Jr.,

    Moneb Smair Ibrahim, Umpa Ugka

    Yarya, Manding Abdulkadir, Dekay Idra

    Ulama, Kapid Gabriel Cabay, Koka Bating

    Managilid, Sammy Ganda Macabuat, DucaLendungan Amban, and Akmad Abdulijah

    Ulilisen.

    The Criminal Investigation and

    Detection Group of the Philippine

    National Police, on the other hand, have

    identiied ive other supposed leaders in

    the alleged rebellion, an allegation later

    used to justify the imposition of martial

    law, as Rajah Buayan Mayor Yacob

    Ampatuan, Mamasapano Mayor Banarin

    Ampatuan, Datu Ulo Ampatuan, Datu Ipi

    Ampatuan and Datu Kanor Ampatuan.

    The agency also indicted members

    of the Philippine National Police, the

    Bureau of Jail Management and Penology

    and some Army regulars. They submitted

    counter-afidavits during a televised

    clariicatory conference last Dec. 28.

    The number of indicted individuals

    alone, if all cases reach the court, indicatesa behemoth of a criminal proceeding in

    the making.

    Swif

    What people want, noted retired

    Cebu Regional Trial Court judge Fortunato

    de Gracia, is that the Ampatuans are all

    sentenced to jail and that the sentencing

    is done swiftly.

    But the former executive judge,

    during whose term the accused in both the

    murders of journ alists Edgar Damalerio

    and Marlene Esperat were convicted in

    2005 and 2006 respectively, also worries

    that not giving the trial court enough elbow

    room to separate the chaff from the grain gives

    token justice at the expense of the credibility

    of the judiciary.

    Doubt has already been cast against the

    judiciary this early, following the refusal of

    Judge Luisito Cortez, presiding over the 84th

    branch of the RTC in Cotabato City, to accept

    the cases.

    It was his refusal which moved the

    Supreme Court to transfer the case to Quezon

    City, at the National Capital Region, where it

    got rafled to 49-year old Judge Jocelyn Solis-

    Reyes of branch 221.

    De Gracia, a Supreme Court judicial

    excellence award recipient and current

    coordinator of the Philippine Judicial Academy

    (Philja) for the Visayas and Mindanao, says the

    Rules of Court indeed provides the accused a

    vast array of suits, motions and petitions with

    which to delay the proceedings.

    He conirmed that Andal Jr. can indeed

    question the validity of the cases against him

    by iling a motion that asks the RTC to order

    a reinvestigation on the 56 counts of murder,

    alleging lack of probable cause.

    If denied, he can ile a motion for

    reconsideration and a petition for review

    that can reach all the way to the Ofice of the

    President. Only when probable cause is inally

    determined can the court even begin to hear

    the case.

    But while the process would delay the

    proceeding, de Gracia explains, it will alsomean the prolonged detention of the Andal

    Jr., who is being held without bail.

    In the end, expediting the proceedings

    is what is best for both the people and the

    accused, he said.

    Maneuver

    De Gracia instead anticipates that

    the Ampatuans will forgo what remedies

    are available to them at the preliminary

    investigation stage and proceed directly with

    trial.

    The Ampatuan legal camp has already

    signaled that they are taking this route when

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    they, last Dec. 3, submitted a petition for

    bail before a trial court in Cotabato City. The

    pleading was attached to the docket rafled to

    Judge Solis-Reyes of Quezon City.

    By submitting a petition for bail, the defense

    will compel the judge to direct the prosecution

    to present its evidence and witnesses. The

    defense can then cross-examine the witnesses

    and present their own evidences.

    If granted, Ampatuan will be allowed to

    post bail while the trial on the murder cases

    continues.

    But while the mere existence of the of

    the petition will get people following the case

    worked up, de Gracia says getting the court to

    allow Ampatuans release on bail will actually

    be a secondary consideration for the defense,

    as granting the petition remains all up to the

    judges appreciation of the strength of the

    prosecutions evidence.

    What they would really want is to force

    the prosecution to reveal their case, de Gracia

    explained.

    Once that happens, they can prepare a

    solid defense, if they have not done so already,

    he added.

    He noted how the defense is playing its

    card close to the table and has not revealed

    anything that the prosecutors could exploit.

    He said the defense is also being consistent

    about it, referring to how they have not asked

    for a preliminary investigation against Andal

    Jr.s case as well as not submitting a counter-

    afidavit to the one against his father and thelatters co-respondents.

    Submitting a counter-afidavit will reveal

    your defense, he explained.

    De Gracia said government prosecutors

    rarely dismiss complaints involving heinous

    crimes at the level of the preliminary

    investigation anyway.

    But opting to go directly to trial with

    a motion for bail is not without cost to the

    defense, particularly since once Ampatuan is

    arraigned, he seals later avenues to point out

    whatever defects may lie in the cases iled

    against him.

    The Supreme Court, in previous decisions,

    including its Oct. 4, 2007 en banc ruling in Frias

    vs. People, declared that the right to question the

    suficiency of (an) Information is not absolute

    and that an accused is deemed to have waived

    this right if he fails to object upon his arraignment

    or during trial.

    It actually cures the defects, de Gracia said.

    At any rate, he added, trial will take time and

    the public must trust the process.

    Tradeo

    And shortcuts, like the warrantless searches

    and seizures that followed the presidents

    imposition of martial law from Dec. 5 to 11, actuallypose a disservice not only to the prosecution but

    to justice in general, says Cebu lady lawyer Ligaya

    Barcenas.

    Already, says the daughter of a former Marcos

    political detainee, due process violations done in

    the false understanding of the presidents martial

    law endanger those cases that will be iled against

    the 638 individuals the police have named, as

    warrantless arrests remain illegal and evidence

    obtained in illegal searches remain inadmissible

    in court, martial law notwithstanding.

    Whatever President Arroyos real intent was

    when she imposed martial law, the public will

    never fully know. In her speeches, she declared

    that it was to quell an impending rebellion

    which Ampatuan supporters were gearing up for

    following Andal Jr.s arrest.

    However, journalists who trooped to

    Maguindanao following the Nov. 23 massacre, and

    who stayed in the area for weeks thereafter, never

    reported seeing any evidence of such impending

    rebellion.

    Answers would have been forthcoming during

    the session the Senate and Congress jointly held

    after the imposition, but the President lifted it

    before the record got straightened.

    Some question the timing of the imposition,

    saying it came after media reported the police and

    the militarys discovery of government-procured

    irearms and ammunitions supplied to civilian

    volunteer organizations and Citizens Armed

    Forces Geographical Units (CAFGUs), which

    turned out to be the same people the government

    considered the Ampatuan familys private army.

    They also questioned why the Ampatuans

    warranted martial law but the nearby-camped

    Moro Islamic Liberation Front (MILF) forces,

    whose organization has waged a secessionist war

    against the government for years, did not.

    Rep. Teodoro Locsin Jr., speaking during the

    joint session of the House of Representatives

    and the Senate which discussed the presidents

    imposition, said martial law provided more of a

    psychological tool than a legal one.

    Indeed, Lt. Gen. Raymundo Ferrer, who

    took over Maguindanao as the highest military

    commander on the ground following theimposition, announced during a press conference

    that the military would be conducting arrests

    and searches that would be warrantless while

    martial law remained in effect.

    But even as Justice Secretary Agnes

    Devanadera, speaking with Locsin during the joint

    session, seems to suggest that martial law allowed

    warrantless arrests, searches and seizures, these

    have all been stripped away under the present

    Constitution.

    There is no such creature as a warrantless

    search in a ny feature of martial law, said criminal

    lawyer Atty. Jade Ponce of the Cebu City-based

    Aumentado Duallo and Ponce Law Ofice.

    If indeed the items were recovered pursuant

    to a warrantless search, the rules of court wont

    let it become admissible as evidence, he added.

    The (framers of the) 1987 Constitution

    created a soft martial law as a reaction to decades

    of oppressive martial rule under Marcos, agrees

    Atty. Gloria Estanzo-Ramos, a professor of political

    law at the University of Cebu.

    Paragraph 4 of Section 18, which gives the

    President power to declare martial law, alsodeines what can and cannot happen under such

    regime.

    A state of martial law does not suspend

    the operation of the Constitution, nor supplant

    the functioning of the civil courts or legislative

    assemblies, nor authorize the conferment of

    jurisdiction on military courts and agencies over

    civilians where civil courts are able to function,

    the Constitutional provision says.

    The Supreme Court, in a litany of decisions,

    ARMORY. Hundreds of rounds of ammunition for machineguns, mortars and riflesare displayed after having been seized by government troops in different parts aroundShariff Aguak town.

    T h e P e a c e a n d C o n f l i c t J o u r n a l i s m N e t w o r k D e c e m b e r 2 0 0 9

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    has dismissed criminal cases with inality

    because the evidences used by the prosecution

    were all illegally obtained and inadmissible.

    Pieces of evidence which were not legally

    obtained cannot be admitted as evidence in

    court. At the very core of the Bill of Rights is

    the right of the people to be secure in their

    persons, houses, papers. The effects against

    unreasonable searches and seizures of

    whatever nature and for any purpose shall be

    inviolable, says Ponce.

    Moreover, those arrested for murder done

    in furtherance to the supposed rebellion areeligible for bail.

    When murder, as charged against the

    Ampatuans, is complexed with rebellion, the

    crime becomes bailable because rebellion is

    bailable, Barcenas explained.

    A state prosecutor, Graeme Elmido,

    agreed. But, he said, they (defense) have to

    prove that the killings were in furtherance of

    rebellion.

    In rebellion, murder, despite being a

    heinous offense that carries an even higher

    penalty and is non-bailable, is merely

    considered incidental to the act of rebellion

    itself and deemed a mere aggravating

    circumstance to the main offense.

    But Justice Secretary Agnes

    Devanadera has assured that

    government will be prosecuting

    two cases against the Ampatuans -

    murder and rebellion.

    The cry for justice increases day

    by day, Devanadera acknowledged

    to reporters a month after the

    massacre.

    Journalists should not allow other

    bigger stories to bury developments

    on the massacre, she added.

    T h e P e a c e a n d C o n f l i c t J o u r n a l i s m N e t w o r k

    EVIDENCES. Department of Justice personnelcarry boxes of death certificates and otherdocuments during the filing of the case againstAndal Ampatuan Jr. by government prosecutorsin Cotabato City.

    D e c e m b e r 2 0 0 9

    Mangudadatu, according to Dalagdag, was supposedly hatched during that meeng,

    which was likewise allegedly aended by the brothers, Akmad and several others.

    Zaldy, in his affidavit, said he was nowhere near Shariff Aguak on Nov. 22, saying

    he was at his Juna Subdivision home in Davao City, aending to a visitor, one Ulama

    Acad.

    He stressed that it was impossible for him to have been in that meeng, Davao City

    being 300 kilometers or so away from ShariffAguak, a five-hour trip by land.

    Prior to this, Zaldy said, he was in Manila. He claimed to have le for Davao on Nov.

    20 to aend his youngest sons birthday.

    Plainly, the present complaint against me is uerly insufficient to indict me for a

    plot to murder innocent civilians. Again, it is premised on a single general allegaonthat I supposedly aended a purported meeng at ShariffAguak on Nov. 22, 2009,

    he said.

    Aside from the fact that this is not true, complainant did not even specify any act

    allegedly commied by me that would indicate my complicity thereon and jusfy my

    indictment for a serious criminal charge, Zaldy added.

    It was the ARMM governor who claimed to have been with President Arroyo in

    Malacaang on the day of the killings.

    He said they had a meeng with Reps. Yusop Jikiri, Munir Arbison, and other polical

    leaders of the province of Sulu, and discussing the peace and order situaon.

    He said he only learned of the killings aer the meeng.

    I am thus surprised that I am one of those being linked to said incident when I was

    not even in Mindanao when the same occurred, he said.

    On the other hand, Sajid, then acng governor of ARMM, said he was at the Comelec

    office in ShariffSaydona Mustapha with his wife, Bai Zandria Ampatuan, on the day

    of the incident.

    Bai Zandria was there filing her cerficate of candidacy.

    He also claimed to be not present in the supposed meeng of Nov. 22, saying as he

    was out supervising the cleaning and repairs of the municipal office of ShariffSaydona

    Mustapha.

    Similarly, Anwar, elected mayor of ShariffAguak town, claimed to be somewhere

    else - the ShariffAguak municipal hall having a meeng with the Municipal Council

    members and barangay officials on a proposed Local Water Ulies Administraon

    project - when the massacre took place.

    Anwar stated that their meeng started at around 9 a.m. and ended at noon.

    He said he and municipal engineer Halili Lucas, together with contractors and some

    laborers, inspected the site or the proposed project thereaer.

    In his affidavit, Akmad said he was at his residence in Mamasapano, Maguindanao

    on Nov. 22 preparing for a scheduled medical mission to be conducted by several

    doctors from Manila. He is the town vice mayor.

    The medical mission was scheduled the next day, Nov. 23, and was held at the

    municipal gymnasium from 7 a.m. to 5 p.m. where, he stressed, he was also present.

    KNR

    ARRESTED. Datu Unsay Mayor AndalAmpatuan Jr., primary suspect in the massmurder of journalists and unarmed civiliansthat shocked the world, is escorted by amilitary officer and Gov. Zaldy Ampatuan ofthe Autonomous Region in Muslim Mindanao,his brother, as Andal voluntarily surrenderedto Presidential Adviser Jesus Dureza at theMaguindanao Provincial Capitol in Shariff Aguak. Ampatuan denied the charge buthe was brought to General Santos City forinquest.

    Ampatuans belie... from P5

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    Counting deathsCounting deathsand toll on the livingand toll on the livingRevisiting the Massacre Arithmetic

    T h e P e a c e a n d C o n f l i c t J o u r n a l i s m N e t w o r k

    The Philippine news media community is still staggeringfrom the Ampatuan massacre that claimed 32 of itsmembers from the cities of Davao, Cotabato, Tacurong,Koronadal, and General Santos.

    by Ryan D. Rosauro

    MORE than a month after the massacre in Ampatuan, Maguindanao,both the news media and authorities have not yet categorically declare

    the exact number of people who died in the incident.

    The oft-repeated casualty count is 57 which is actually the numberof bodies recovered from the massacre site.

    But a lingering challenge to this count is the claim of the family ofTacurong City-based journalist Reynaldo Momay that he continues to

    be missing up to now. Momay was part of the convoy en route to Shariff

    Aguak town on Nov. 23 for the iling of a certiicate of candidacy forgovernor of Buluan vice-mayor Esmael Mangudadatu.

    Momays denture was recovered from the massacre site, deepening

    the suspicion of colleagues he was among those killed. At one time, his

    family was among ive families with conlicting claims over only four

    bodies in a funeral parlor in Koronadal city.

    There is no other proof that more bodies have not yet been

    recovered than this case. This also begs the question, How many

    really died in the massacre?

    Using a collation of media reports and the report of the President

    to Congress (in relation to her declaration of martial law), veteran

    journalist Patricio Diaz, who is based in General Santos city, counted

    the total massacre casualties as 65, including Momay.

    D e c e m b e r 2 0 0 9

    In his column in the news site MindaNews, Diaz said the 65 individuals

    were all identiied by names in the various sources that h e cites.

    Diaz notes that the victims were in eight vehicles: ive comprised the

    Mangudadatu convoy (the UNTV van and four Toyota Grandia vans); a red

    Toyota Vios, a Tamaraw FX, and a Pajero which all happened to be trailing the

    convoy.

    In coming up with his own count, Diaz compared the various lists available,

    and then totaled the number of individuals so named.

    Diazs count is as follows:

    a) Mangudadatu relatives12

    b) Lawyers3

    c) Journalists/media workers34

    In all, there were 65 people listed as victims, yet only 57 bodies wererecovered. The igures for some categories may change as the

    identities of some victims are known. However, this count

    provides a general overview of the approximate extent of

    human lives lost in the massacre. Taking into account that

    Araneta drove the Pajero, which he owns and was part of theconvoy, and that one of the four UNTV personnel drove their

    van, that would only make four the number of drivers listed as

    dead.

    It took a month before police authorities realize the need

    to dig for more bodies in the massacre site; announcing the

    possible launch of the effort last Dec. 21.

    The National Union of Journalists of the Philippines had so

    far documented 32 journalists killed in the massacre, based on

    the identities of bodies recovered from the site.

    Koronadal City

    1. Cachuela, Hannibal, Punto News, Koronadal City2. Razon, Fernando Rani, Periodico Ini, Koronadal City

    3. Araneta, Henry, Radio DZRH, Koronadal City4. Legarte, Bienvenido, Jr., Prontiera News,

    Koronadal City

    5. Maravilla, Ernesto Bart, Bombo Radyo,

    Koronadal City

    6. Merisco, Rey, Periodico Ini, Koronadal City

    7. Parcon, Joel, Prontiera News, Koronadal City

    8. Betia, Arturo, Periodico Ini, Koronadal City

    9. Caniban, John, Periodico Ini, Koronadal City

    10. Decina, Noel, Periodico Ini, Koronadal City

    General Santos City

    1. Arriola, McDelbert Mac-Mac, UNTV,

    General Santos City

    2. Cablitas, Maritess, News Focus, General Santos City

    d) Government employees5

    e) Drivers of vehicles6

    f) Civilians5

    Photo by NONOY ESPINA

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    T h e P e a c e a n d C o n f l i c t J o u r n a l i s m N e t w o r k

    3. Dalmacio, Lea, Socsargen News, General Santos City

    4. Dela Cruz, Gina, Saksi News, General Santos City

    5. Dohillo, Eugene, UNTV, General Santos City

    6. Montao, Marife Neneng, Saksi News, General Santos City

    7. Morales, Rosell, News Focus, General Santos City

    8. Nuez, Victor, UNTV, General Santos City

    9. Reblando, Alejandro Bong, Manila Bulletin, General Santos City

    10. Subang, Ian, Socsargen Today, General Santos City

    11. Evardo, Jolito, UNTV General Santos City

    12. Adolfo, Benjie, Gold Star Daily, General Santos City

    13. Bataluna, Robillo, Gold Star Daily, General Santos City

    14. Perante, Ronnie, Gold Star Daily correspondent, General Santos City

    15. Cadagdagon, Jepon, Saksi News staff photographer, General Santos City

    Tacurong City

    1. Cabillo, Romeo Jimmy, Midland Review, Tacurong City

    2. Duhay, Jhoy, Gold Star Daily, Tacurong City

    3. Teodoro, Andres Andy, Central Mindanao Inquirer, Tacurong City

    D e c e m b e r 2 0 0 9

    Davao City

    1. Gatchalian, Santos, DXGO, Davao City

    2. Lupogan, Lindo, Mindanao Daily Gazette,

    Davao City

    Cotabato City

    1. Salaysay, Napoleon, Mindanao Gazette, Cotabato City

    Still unaccounted for:

    1. Reynaldo Bebot Momay, Midland Review, Tacurong City

    Diaz wrote: Is it right to name 65 as having been massacred but to

    consistently report 57 as the number of victims? Were eight names among the

    65 wrongly entered? If so, identify them. It is not right to report them as dead

    if they are alive. If they were truly among the victims, it is not right to excludethem by reporting only 57. In fact, it is also unjust and uncharitable.

    Diaz said it is the obligation of the news media to correct the discrepancies

    in the casualty count if they are true to their pledge to uphold truth, justice

    and rights

    He suggested that reporters should see the families of the named and

    identiied victims from their cities.

    The main and real purpose is not to prove correct or incorrect the 65

    or the 57 but to come out with a true list the number notwithstanding

    of victims correctly named and identiied in the name of truth, justice and

    rights, Diaz stressed.

    The 65 or 57 are people, not animals or stones, Diaz quipped.

    Pervading anxiety

    One month after the massacre, the brutality still refuses to escape the

    consciousness of many people.

    For Grace Carasco, niece of Tacurong City-based journalist Reynaldo

    Momay, and for the rest of his family, the incident is made continually fresh as

    they anxiously await each day any news about where to ind their kins body.

    We tried to live as if nothing happened. We tried to believe we can still see

    his body, said Carasco.

    Until today, only the denture of Momay was recovered from the site of the

    massacre in hinterland sitio Masalay of barangay Salman.

    So far, only the bodies of 31 victims recovered from the site were identiied

    as journalists and media workers, and this does not include Momay. (The

    media workers account for 54 percent of total casualties so far counted.)

    The sheer enormity of the case and its attendant socio-political implications

    is raising widespread anxiety on the commitment and capacity of government

    the carry out a full and independent effort to bring the perpetrators to the bar

    of justice.

    Photo by Rommel Rebollido

    15

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    For one, the principal suspects are

    members of the Ampatuan family who

    has been a principal ally of the Arroyo

    administration in the province, both

    in combating the Moro insurgents and

    in delivering game-changing hordes

    of votes during the 2004 presidential

    and 2007 midterm elections.

    Second, there is the over-arching

    concern of the security of witnesses

    to the crime. The sheer thought of

    going against the Ampatuans is mind-boggling for ordinary citizens who

    have seen them carve, with impunity,a notorious image of violence.

    The onrush of public outcry over

    the incident has somehow softened

    partisan ties and moved political

    authorities to action although much

    of the legal strategies continue to be

    suspect until now.

    Legal battle of historic scale

    In a statement last Dec. 23, the

    National Union of Journalists of the

    Philippines (NUJP) said that justice

    is still a far cry for victims of the

    massacre.

    Underlining this situation,

    members of the International

    Solidarity Mission led by the

    International Federation of Journalists

    (IFJ) has called on the globalcommunity to continually

    pressure

    government to take the right actions.

    A mission report noted that the

    prosecution of the perpetrators of

    the mass murder will be one of the

    largest legal cases ever mounted in

    the Philippines history

    To ensure an open and

    transparent investigation and trial,

    sustained and determined pressure

    from international human rights

    groups will be vital, the mission

    report further said.

    Governments declaration ofmartial law over Maguindanao

    province supposedly to hasten build-

    up of the case against massacre

    suspects has raised concern it isgiving legal loophole for its erstwhile

    allies to escape responsibility.

    Many of the arrests claimedby government to be suspects in

    the massacre happened under this

    regime. But various legal circles

    question the validity of these, hence,

    make only inirm their prosecution.

    Even under martial law, the basic

    charter requires a warrant for the

    arrest of a person, or the search on

    premises. Hence, how government

    argue its case will be a most sought-

    after development in the coming

    T h e P e a c e a n d C o n f l i c t J o u r n a l i s m N e t w o r k D e c e m b e r 2 0 0 9

    days.Apart from creating huge legal

    demands, the massacre dealt a cruel

    blow to democracy and free media in the

    Philippines, according to the IFJ mission,

    noting that it came at the onset of the

    2010 electoral exercise.

    Enormous personal losses

    Our Philippine colleagues have

    suffered not only a brutal and ruthless

    assault on their profession and l ivelihood,but also incomparable personal losses,

    said Australian journalist Mike Dobbie

    who headed the

    mission.

    The incident had

    redrawn the lives of

    those the victims left

    behind.Take the case of

    UNTV cameraman

    McDelbert Arriola who

    was supposed to get

    married on Dec. 6 but

    was rolled down the

    aisle in a cofin on that

    very same day.

    In a months time, the

    wife of print journalist

    Ronnie Perante will

    deliver a baby as a

    widow.FORENSICS. Police investigators gather evidences at the dig site in Maguindanaoprovince. NONOY ESPINA

    REMAINS. Coroners collect the bodies of the 57people. NONOY ESPINA

    17

    The non-government group Center

    for International Law has noted the

    wiping out of the entire editorial staff

    of Koronadal city-based local weekly

    Periodico Ini which is published in

    Hiligaynon and circulated in South

    Cotabato and Sultan Kudarat provinces.

    Five of Periodico Inis six staff were

    killed in the massacre.

    The General Santos city-based Saksi

    Mindanaoan News also lost three of

    its six staff. But because it lost its main

    editorial people, it appears to have

    ceased operation until Issue No. 012covering Nov. 23-29, 2009.

    Of the 32 journalists and media workers

    (including Momay), 22 have children, in all

    numbering some 75. Many of the victims

    were sole breadwinners.

    When murder raps were iled against

    eight more Ampatuan family members,

    authorities have said it is their Christmas

    gift to the victims families.

    But as to when justice is inally served,

    the journalists can only wish it will not

    take the next Christmas.

    Groups respond

    to massacre aftermath

    Various groups of journalists have come forward to

    assist beleaguered colleagues in Mindanao to respond to

    a host of concerns in the wake of the Nov. 23 massacre in

    Masalay, Salman, Ampatuan, Maguindanao that killed at

    least 30 journalists and media workers.

    Last December, the Naonal Union of Journalists of

    the Philippines (NUJP) has announced it is seng up a

    fund that will bankroll efforts to seek jusce to the vicms.

    This developed as newsmen look back into the pains

    and gains in 2009, the year which saw journalists in the

    Philippines closed ranks and defiantly stood up for the

    freedom of the press and democracy.

    Groups Respond24

    by Ryan D. Rosauro

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    WHAT she saw made her numb and sent herkneeling to the ground.

    Gergin Malabanan, 15, was among several family

    members of the Nov 23 massacre in Ampatuan,

    Maguindanao, who went to the crime scene on Nov.24 in search of the remains of their loved ones.

    Photo story by Rommel G. Rebollido

    Pen vs Sword

    18

    What I irst saw were the

    ingernails. I polished it the night

    before she left, Malabanan narrated

    how she discovered the remains of

    her mother Gina, one of the 57 killed,

    31 of whom journalists,

    when she went up to sitio

    Masalay, barangay

    Salman in Ampatuan town.

    As if trying to conirm further,

    the teener said she checked on the

    remains footwear and found the

    sandal her mother bought for her that

    Sunday before Gina left for Buluan,

    Maguindanao.

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    It was in Buluan where Gina and

    other journalists were to join a convoy

    that would take female representatives

    of Toto Mangudadatu to Sharif Aguak

    to ile his certiicate of candidacy for

    Maguindanao governor.

    Speaking in the vernacular, Gergin

    said as she was about to pass out, she

    could only feel the cool wind on her face

    amid the noise of an equipment nearbydigging for more remains who were

    buried along with their vehicles.

    20

    Malabanan, who was left to care

    for her four siblings and a grandma,

    shares almost similar experience as

    the other victims family members,

    many of whom do not have the wealth

    and the means to put on a long hard

    battle for justice.

    The wife of Macmac Arriola could

    only sob in desperation while clutching

    their three weeks old baby. The

    couple were barely starting out with

    their family when the tragedy tookMacmacs life, leaving the young wife

    with almost nothing but an infant and

    memories of a happy past.

    We can only hope for justice, she

    said in the vernacular, adding that

    media will be as vigilant in seeking

    justice.

    T h e P e a c e a n d C o n f l i c t J o u r n a l i s m N e t w o r k

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    T h e P e a c e a n d C o n f l i c t J o u r n a l i s m N e t w o r k

    James, son of the late Alejandro

    Bong Reblando of Manila Bulletin,said their family will pursue a

    campaign that will seek justice for

    what was done to his father. They

    did not only kill my father, they also

    mocked at democracy, he quipped.

    Two of Reblandos daughters

    are contemplating on following his

    footsteps and also become journalists.

    22

    For the teener Malabanan, she said

    it would take a long time if she has to

    inish her studies and help raise her

    four siblings. It might just be a good ideafor her to join the police academy after

    inishing high school, she added.

    Caring for my siblings may just take

    out the pain inlicted by the loss of my

    mother. Time will heal that wound in

    my heart and justice may just be around

    then, she quipped.

    23

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    between media and the public, and to deepen

    public understanding of factors that led to the

    massacre.

    The Jusce Fund seeks to build awareness

    not just on what happened in Ampatuan,

    Maguindanao on Nov. 23, 2009, but on the

    system that breeds corrupon, warlordism and

    polical patronage which paved the way to the

    carnage, Burgos explained.

    Among others, a monthly commemoraon

    of the massacre will be done to connually

    highlight the issues related to the incident

    which is the worst case of polical violence in

    the countrys history.

    The Maguindanao massacre is the worst

    ever aack on the media throughout the

    world, placing the country on top as the most

    dangerous place to pracce journalism.

    Yet, the NUJP points out that aacks on

    the press are not likely to end despite the

    outrage srred by the Ampatuan massacre and

    many Filipino journalists connue to embark

    on dangerous coverage with praccally no

    tools to help them cope with the challenges as

    well as stress in doing the job.

    On Dec. 8, Camarines Norte broadcaster

    Efren Espaol was aacked inside the

    announcers booth by the former police

    chief of the province, who was armed with a

    .45-caliber pistol.

    Unidenfied persons also fired a gun in

    front of the house of Bacolod city journalist

    Edgar Cadagat, former NUJP chair and current

    president of the Negros Press Club. On Dec.

    24, radio commentator Ismael Pasigma of

    Labason, Zamboanga del Norte was gunned

    down 6:30am while on his way to

    work.

    Driven by the need to

    heighten coverage risk awareness

    and consciousness among news

    organizaons and journalists, the

    Internaonal News Safety Instute

    (INSI) has scheduled news safety

    trainings for Mindanao media

    praconers at the start of 2010.

    Trauma and stress debriefing

    sessions were also scheduled

    to be held December towards

    January 2010 for families of

    the slain journalists and media

    workers.

    The NUJP has considered

    2009 as a year of unprecedented

    tribulaon for the Philippine press because of

    the massacre.

    The carnage in Ampatuan capped years

    of connued impunity for killers of Filipino

    journalists, an NUJP year-ender reads.

    Before the massacre, 104 Filipino

    journalists had been slain since 1986, 67 of

    them under the administraon of President

    Gloria Macapagal-Arroyo, based on the NUJPs

    count.

    Of these, only around five cases have

    resulted in the convicon of the killers but no

    masterminds in any of the murder s have

    been arrested so far. (With reports from

    Richel Umel)

    T h e P e a c e a n d C o n f l i c t J o u r n a l i s m N e t w o r k

    According to Philippine Daily Inquirer reporter Nestor Burgos, who is NUJP chair, the fund

    will primarily support legal acons to advance the cause of jusce for the journalist-vicms, help

    address the needs of their families, and advocate the improvement of the environment of media

    pracce especially in Mindanao.

    The NUJP noted that the Maguindanao massacre has le the Philippine media community

    staggering, not just from the toll but also the task of helping rebuild the lives of those le behind,

    as well as of our colleagues who lost friends and co-workers, and have had to cover and live

    through the story as well.

    Another vital task is working to hold

    accountable all those who should be held

    accountable, not just the persons who carried out

    the carnage, but those responsible for creang

    the circumstances that made it possible, thegroup further said.

    The NUJP admits that to achieve all these

    will require substanal resources, thus, the

    need to reach out to colleagues, friends and

    the public for help.

    Burgos said that through the Jusce

    Fund, individuals and groups who wish to

    help can send their donaons.

    The acvies that the Fund will support

    will be posted on the NUJP website, www.

    nujp.org, and will be regularly audited by an

    external auditor, the results of which will

    also be published and reported to the donors,

    he added.

    But Burgos stressed that the Jusce Fund is

    more than just raising money.

    It seeks to build solidarity between the

    target beneficiaries of the program and the

    media, between media and the public, he

    explained.

    As conceived, the Fund will financially support the undertaking of a trauma and counseling

    program for the families of killed journalists and members of their local media community.

    In ligaon, the Fund seeks to support the legal acons against the suspects by assisng the

    private and public prosecutors, and providing sanctuary for witnesses and even ligants who may

    come under threat from the accused.

    The Fund will also support a series of training on risk awareness and safety, especially in

    covering and reporng events from culturally and polically sensive places.

    Apart from the Nov. 23 massacre, NUJP also seeks to document other incidents of

    harassment and aacks on the press in Mindanao, and launch a campaign to build solidarity

    LOSING HOPE. With their emotionspainted on their faces and shirts, families offallen journalists express their indignation

    not only on the fate of their slain loved ones,but, also on the manner justice is sought inthe country. ROMMEL REBOLLIDO

    D e c e m b e r 2 0 0 9

    Groups Respond... from P17

    25

    Members of the International Federation of Journalists and theNational Union of Journalists of the Philippines pay respectsto the 12 slain journalists in General Santos City.

    RICHEL UMEL

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    T h e P e a c e a n d C o n f l i c t J o u r n a l i s m N e t w o r k

    Clans in ClashClans in ClashWhen the time came that their respective parallel pursuits forpower met in a political intersection, the once warm relationsbetween the Ampatuan and Mangudadatu clans began to sour. Thisis thought to be the root of the Nov. 23 carnage that claimed at least57 lives in the countrys worst case of political violence.

    "One loyal friend is worth

    ten thousand relatives."

    -- Euripides (408 B.C.)

    VIOLENT confrontations over

    control of communities dates back to

    history in a place which was carved

    from the northwest portion of thenempire Cotabato province and to

    assume the name Maguindanao

    (swampy).

    Powerful families from what was

    then known as ilod (downstream)

    and Raya (upper delta) communities

    of Maguindanao, fought battles in

    their bid to widen and protect their

    sphere of inluence.

    The Ilod and Raya generally

    delineate the irst and second

    congressional districts of the

    province.

    On account of Cotabato City-

    based journalist John Unson, theAmpatuans and the Mangudadatus

    come from prominent clans in theRaya communities of the province.

    These two families particularly

    rose to prominence in 1986,

    when then Pres. Corazon Aquinos

    revolutionary government appointed

    personalities to serve in local elective

    posts.

    Datu Andal Ampatuan Sr. andDatu Pua Mangudadatu -- knownpatriarchs of the two clans, wereappointed mayors of their respective

    towns Maganoy (now Sharif Aguak)

    and Buluan, both in Maguindanao.

    FOR THE POSE. A reproduced photo of theMangudadatus and the Ampatuans was foundinside a drawer in the office of Andal Sr. at thecapitol. FROILAN GALLARDO

    D e c e m b e r 2 0 0 9

    The two clan elders, who are

    related to each other by afinity, have

    always been triumphant in elections,

    leading their children to follow in

    their political footsteps.

    Unson said the Mangudadatus

    are 17th generation descendants of

    Shariff Mohammad Kabunsuan, the

    irst foreign Islamic missionary to

    have set foot in mainland Mindanao,

    through the Bucana District or the

    delta of Rio Grande de Mindanao, a

    part of Cotabato City.

    Kabunsuan was of Arab-Malay

    ancestry from Johore, now an island

    state in Malaysia.

    The Ampatuans, on the other

    hand, are descendants of another

    Islamic missionary Shariff SaidonaMustapha, who reportedly came

    from a community in the old Arabian

    desert, now known as South Yemen.

    In one article he wrote, Unson said the

    present members of the two clans have acommon prominent relative in the person of

    Maguindanao First District Representative

    Didagen Dilangalen, whose matriarch

    belongs to the Piang family in Datu Piang,

    Maguindanao.

    Both the Mangudadatus and the

    Ampatuans are related to the Piangs by blood,

    he said.

    Shariff Ampatuan and Rajah Muda Datu

    Ali, a great grand uncle of now Sultan Kudarat

    Rep. Pax Mangudadatu and his cousin, Datu

    Pua, father of Vice Mayor Mangudadatu, were

    even said to have formed a strong socio-

    economic and political alliance in the 18th

    century.

    The alliance was said to be among

    strategies aimed at consolidating their forces

    who were then ighting the Spaniards and,subsequently, the Americans in the upper

    delta of Maguindanao.

    Several Moro history books describe the

    alliance as the most gallant and celebrated

    resistance against the Spaniards, where

    forces of both sides were said to have killedmore than 300 Spaniards in one attack after

    another.

    Members and followers of theMangudadatu and Ampatuan clans again saw

    action during the Second World War, when

    they resisted the Japanese occupation using

    only traditional weapons.

    Startingthem young?

    The culture of gun blamed for the

    many instances of deaths and violence

    in Mindanao is evident in how the

    young members of the two influenal

    Ampatuan and Mangudadatu clans

    present themselves in cyberspace.

    A check with the Friendster

    accounts of some scions of the two

    clans show pictures of young boys

    along with other family members and

    friends proudly carrying very high-

    powered firearms.

    The photos posted on Friendster

    show the young men carrying assorted

    Starting them young29

    By Ben Jason O. Tesiorna

    27

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    T h e P e a c e a n d C o n f l i c t J o u r n a l i s m N e t w o r k

    Two equally big Maguindanao

    families related to the Mangudadatus,

    the Mangelens and Pendatuns,

    and members of the Piang family,

    among them Datu Gumbay Piang, an

    ancestor of Rep. Dilangalen, and the

    Ampatuans joined forces and fought

    the Japanese invaders.

    Among the most decorated World

    War II veteran from among the allied

    clans was the late Gen. Salipada K.

    Pendatun, who rose to become asenator.

    Pendatun was one of the foundersof the renowned Bolo Battalion,that was armed only with spears,

    and traditional Kris and Badung,

    in defeating more than a thousand

    Japanese soldiers.

    Vice Mayor Mangudadatu of

    Buluan town and his siblings became

    adopted children of Datu Andal, Sr.

    after their father, Datu Pua, died of a

    lingering illness some ive years ago.

    It was said that before Datu

    Pua died, he had left his politician

    children under the care and g uidance

    of the elder Ampatuan, the two old

    men having been very close friends.

    In 2001, the Mangudadatus joined

    the band of local leaders supporting

    the candidacy of Ampatuan Sr. forgovernor of Maguindanao, against

    then incumbent Governor Datu

    Zacaria Candao.

    A rift between the two families

    started with rumors that Esmael

    was running for governor in the May

    2010 elections, which was seen as

    in response to a move by Ampatuan

    creating a town along the bailiwick of

    the Mangudadatus.

    Ties were severed when the

    Mangudadatus purportedly blocked

    the creation of the Adam municipality

    D e c e m b e r 2 0 0 9

    firearms, ranging from pistols to automac rifles.

    Friends of either of the Ampatuan or Mangudadatu scions admied seeingthem carry guns with them whenever they go to bars and discos in Davao City.

    In 2002, a young Ampatuan was accused of shoong and killing Carlo

    Asisdo during an altercaon

    in The Venue, a bar in Davao

    city. Mohammad Banarin

    was however absolved of

    responsibility for the crime

    aer the vicms parents

    desisted from further

    pursuing a legal tussle with

    the polically powerful family.

    The persistence of a culture of gun largely underpins the seeming social

    tolerance on the growth of private armies. According to the Armed Forces of the

    Philippines, there are about 73 private armies, including that of the Ampatuans

    and the Mangudadatus, throughout the country.

    Forty-two of these so-called parsan armed groups (PAGs) are said to be

    found in Maguindanao with nine of these under the control of the Ampatuans,

    accounng for some 2,410 armed men.

    The AFP further revealed that the Mangudadatus maintain one PAG with

    about 250 armed followers.

    Most of the PAGs are said to have a legal face either as Cizen Armed Forces

    Geographical Units (CAFGUs), Civilian Volunteers Organizaon (CVOs), or Special

    Civilian Armed Auxiliary (SCAAs).

    Though these PAGs are controlled by the policians, the military report said

    government is responsible for providing them allowance and supplying arms and

    ammunions on account of their parcipaon in the counter-insurgency effort in

    the localies.

    But Defense Secretary Norberto Gonzales said that there are already about

    132 PAGs all over the country with control of more than one million high-

    powered firearms most of which are said to be illegal.

    The police oficial, who is also

    related to the Mangudadatus being a

    Piang, is said to be loyal to the elder

    Ampatuan and also known as tutor

    to Ampatuan Jr.

    As Adam and his relatives began

    establishing residency in Pandag

    town in the political territory of

    the Mangudadatus, he reported to

    Ampatuan an attack by armed men in

    late July, this year, where in a close kin

    of the retired police oficer was killed.

    A subsequent police operation had

    some of the Mangudadatu followers

    disarmed, triggering further falling

    out of the two families with one

    challenging the others mandate to

    rule Maguindanao.

    It was said that before Datu Puadied, he had left his politicianchildren under the care and

    guidance of the elder Ampatuan,the two old men having been

    very close friends.

    Where that challenge will take

    the two families may just be another

    anecdote in Philippine politics. Whatis certain so far, it led to the gruesome

    killing of 57 people, 32 of whom were

    journalists.

    Starting them young... from P27

    to be culled from portions of thetowns that they control in the south

    eastern tip of the province. Allegedly,

    the proposed town did not meet the

    population required by law.

    Adam is reportedly the name of

    the deceased father of Supt. Piang

    Adam, who had retired as police

    provincial director of Maguindanao

    early this year.

    Inside the governors office.

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    We think that this context is vital for us to understand the shape

    up of the social circumstance leading to the death of 32 journalists

    in the Nov. 23 carnage.

    In fact, the above-described scheme of things is very true in most

    areas of the country, including Maguindanao. Except that a major

    power wielder in that province, the Ampatuans, enjoys a different

    level of impunity owing to how their powerbase was built--helping

    maneuver the electoral victory of the countrys most unpopular

    chief executive. In addition, the Ampatuans also serve as major

    fulcrum for leveraging local support in combating the widespread

    inluence and armed presence of Moro rebels in Maguindanaos

    communities.

    As with other major violent incidents in history, the massacre

    can be a watershed for very important lessons in media practice,

    especially in localities marred by varying conlicts and enmeshed in

    an intense culture of impunity.

    To achieve this, the media community must seek answers, at the

    appropriate time, to uneasy questions that arise from the incident.

    We knew that the more than 30 journalists and media workers

    were part of the Shariff Aguak-bound Mangudadatu convoy to

    cover a historic iling of certiicate of candidacy of Buluan town

    vice-mayor Esmael Mangudadatu for Maguindanao governor. His

    wife Genalyn and a host of women relatives were doing that for

    him supposedly to avoid violent reprisal from the Ampatuan clan

    who dreaded the thought of anyone challenging their hold on

    provincial government power and so were bent to prevent that from

    happening.

    But beyond simply doing coverage, the group of journalists was

    tasked to accompany the convoy to serve as deterrent to any attackplanned against the Mangudadatus, primarily on Esmael. This

    was after both the military and police had refused to provide the

    Mangudadatus with security escorts.

    Were the journalists aware of the risks attendant to such an

    undertaking? What were the considerations of the journalists in

    deciding to take part in, or even lead, the convoy? Was news safety

    among these?

    Their death in the massacre clearly shows the situation was

    perilous. What could have been the appropriate response to the

    request to accompany a political convoy? How could have coverage

    been made safe?

    Having Esmael successfully register his candidacy for

    Maguindanao governor was surely a matter of great importance for

    the electoral process in particular, and for democratic institutions

    in general, which includes the news media. But should journalists

    agonize over this?

    Still staggering from the toll and grappling to make sense of

    the incident, the Philippine media faced yet another challenging

    situation as an aftermath of the massacremartial law in

    Maguindanao.

    There was immediate resonance of Sept. 21, 1972 when the

    entire country was placed under martial law by President Ferdinand

    Marcos which marked the beginning of his strongman rule until

    deposed on February 1986. Images of the fall of democratic

    institutions, including the press, reverberated back into current

    social memory.

    While almost the entire media community raised a howl on this

    action by President Arroyo, its reportage of the martial law regime in

    Maguindanao ironically helped justify the controversial declaration.

    The media community, as the primary victim, had all wanted to

    see the Ampatuans succumb to the strength of the law and made to

    answer for allegations for perpetrating the massacre. We therefore

    feasted on what we thought were images of the b eginning of the end

    of the Ampatuans.

    Field reports of the raids that followed the martial law

    declaration came with little reference to the validity of the operation.

    Martial law was supposedly declared to help build the case against

    perpetrators of the massacre.

    Reports of the seized guns, ammunition and munitions, aside

    from a relative few, made little inquiry on how the items fell under

    ownership of the Ampatuans.

    Even until today, there is still a hangover of the grisly incident

    among journalists throughout the country. This is best shown in the

    incident whereby a photojournalist banged a camera into the head of

    Andal Ampatuan Jr., primary massacre suspect.

    Admittedly, the hangover cannot be easily foregone. But

    because the medias role is to give the public a ll the relevant and

    signiicant information it needs to make an informed choice, position

    or discourse in matters that affect their daily lives, then all the

    lessons that need to be learned from the Nov. 23 massacre must be

    uncovered.

    D e c e m b e r 2 0 0 9

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    T h e P e a c e a n d C o n f l i c t J o u r n a l i s m N e t w o r k

    An Open Letter to Non-journalistsby Antonia Koop

    THIRTY-TWO Journalists died in an ambush on Nov. 23,2009in Maguindanao, Central Mindanao, Philippines, along with 27other people who joined the family of a local politician for the filingof candidacy for the upcoming 2010 elections. The InternationalFederation of Journalists (IFJ) qualified the incident as the worstattack on journalists recorded so far in journalism history. The eventhas come to be known as the Ampatuan or Maguindanao Massacre.

    The brutal and brazen attack once more raises the most crucialquestions we as journalists have to face:

    Is there any story worth dying for?

    And for what do we journalists risk our lives?

    Being a good journalist has never been easy. In many countries thejob is poorly paid, journalists are harassed or threatened. And in toomany places reporters get killed, such as in the Philippines.

    Journalists often work in areas known to be dangerous. We askquestions that put us into trouble, that leave us hated and disliked bythose who attempt to hide their actions and intentions from public.

    Many people look at us as if we were leeches who crave for the bloodof others to feed their newspapers sales. We are seen as tool, easy to abusefor polishing an image, for gaining fame, for outing an opponent byspreading scandals.

    Even our own business driven companies often treat us journalists ascheap producers of reality entertainment for bored and disinterestedmasses waiting to be fed with delusion and potato chips on their livingroom sofa.

    And then once in a while we become essential as instrument to be usedto gain political power in the campaign for an upcoming election.

    What a dirty business. What a poor job.

    So, why do we risk so much, risk our lives our families, our personalwell being to do that?

    D e c e m b e r 2 0 0 9

    Many believe journalists are natural adrenaline junkies,adventurous, restless folks who crave for experiences beyond the limit.And to a certain extend those people are right. But one can satisfythose needs by other less dangerous means, such as bungee jumpingor sky diving. So there must be more to the journalism profession thanadventurism.

    The good ones among us deeply believe that journalism is a damnimportant profession.

    In this interconnected interdependent world we live in, informationis power and those who control information control the world.

    In this world journalism is the only institution that has the singletask to provide the public with independent, reliable information. Ourtask as journalists is to allow everybody access to vital information,

    because only if each member of society truly knows what is happeningout there, people have a chance to make good choices for their own lives.We believe that journalism as an institution is essential to keep everymember of society accountable for their actions and is thereby crucialdefense for the people in our modern interest driven societies againstabuse, lies and manipulation.

    We have painfully experienced what happens if this importantinstrument of accountability fails; in Rwanda where the media became

    agitator for the genocide, in fascist Germany, wherepeople were all too willing to believe a propagandathat paved the way for killing Millions anddevastated not only Europe but affected largeparts of the world. In war zones all over theworld journalists got targeted and killed toshut out the worlds attention. Until todaywe have seen an increasingly sophisticatedpropaganda machinery driving some of the

    Photo by RICHEL UMEL

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    most suppressive or problematic situations in the world.

    Without the courageous efforts of independent journalism we haveno chance to distinguish between what is true from what is fake; whatto believe and what to question.

    This is why being a journalist is so challenging. Why we always haveto do our best despite danger, difficulties and dislikes. Despite beingharassed and threatened and having missed another birthday of ourkids because of a road accident, a bombing, a political clash, a burningchemical factory. Despite becoming ourselves victims of a system thatdoesnt like to have reporters around to tell the truth.

    If we journalists fail, you live your lives blindfolded.

    We are not journalists for our own fun, for travel and adventure.

    We do this job for you people out there.

    For the politicians who try to truly lead their cities, regions andcountries. For business that aims to be successful without leaving burnedearth behind. For public administration that truly aims to serve thepeoples needs. And for each and every member of a society that tries toexist in abundance, peace and security.

    By keeping all stakeholders of society accountable, journalists protectyour rights.

    And now we need you to protect us.

    Do you choose to be a bored and disinterested mass that doesntcare? Or do you choose to claim your right to be concerned about whatis happening around you, willing to ask who defines the rules, willingto claim your right to speak out?

    The killing of a journalist is not an internal problem of the media.

    It is concern for each and every member of the public, of a society

    that chooses to have a say.So now is the time to claim back your right to know and your right

    to be heard.

    It is time to protect your journalists.

    Or you will lose us.

    One after the other.

    To danger or temptation wrapped in bribes, political power or thepromise of an easier way of life and earning.

    Now it is time also for you to stand up and say:

    STOP KILLING JOURNALISTS!

    notes on the contributors

    Karlon N. Rama has been covering the justice beat for over a

    decade now as reporter for Sun.Star in Cebu City. He is a member of

    the board of trustees of PECOJON International.

    Rommel G. Rebollido is a Mindanao-based writer and

    photojournalist. He is an alumnus of the Diploma in Photojournalism

    course of the Asian Center for Journalism in the Ateneo de Manila

    University.

    Ben Jason O. Tesiorna is reporter for Sun.Star in Davao City.

    Ryan D. Rosauro is a journalist based in Mindanao.

    Antonia Koop is PECOJON International Coordinator. She iscurrently based in Germany.

    We acknowledge news site Dateline Philippines (www.dateline.

    ph) for contributing information. The following members of

    the Network also contributed in the putting up of this edition:

    Nonoy Espina

    Froilan Gallardo

    Richel Umel

    Jeffrey Tupas

    Cong Corrales

    Hirohito Cadion

    Philip James Tremedal

    editorial staff

    Ryan Rosauro, Rommel Rebollido,

    Karlon Rama and Charlie Saceda

    PECOJON-The Peace and Conflict Journalism Network

    contact: Ledrolen Manriquez

    National and International Secretariat

    2/L Ab-der-Halden Haus

    1550 East Capitol Road, Capitol Site

    6000 Cebu City, Philippines

    Telefax: +63 32 505 52 62

    www.pecojon.org

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