Quezon City Regional Trial Court (QCRTC) Judge Luisito Cortez has declined to handle the trial of the multiple murder cases filed against Maguindanao massacre suspects Datu Unsay Mayor Andal Ampatuan Jr. and more than 100 John Does, due to possible threats to his life.

The massacre claimed the lives of 57 innocent civilians in Ampatuan, Maguindanao on Nov. 23, the worst election-related killing in Philippine history.

The Supreme Court earlier granted the Department of Justice’s request to transfer the venue of the multiple murder case from Cotabato City to Quezon City due to possible security threats to prosecutors and witnesses.

The multiple murder charges against the Ampatuans fell to Cortes sala, Quezon City Regional Trial Court (RTC) Branch 84, during Tuesday’s raffle of the case by the Clerk of Court.

Cortez, however, said he will inhibit himself from the case because of possible threats to his security.

“I would like to serve but there are other factors like family. I will explain my side to the highest court,” he said over national television aired over ABS-CBN’s TV Patrol Tuesday night.

The judge said the influence of the Ampatuans extends all the way to Metro Manila and could affect his family. Cortez said he had been receiving death threats after he took on the case of murdered Abra Congressman Luis “Chito” Bersamin.

Bersamin and his police bodyguard, Senior Police Officer 1 Adelfo Ortega, were shot dead at the patio of Mount Carmel Church in New Manila, Quezon City on Dec. 16, 2006.

Quezon City judges said they would conduct another raffle Wednesday, Dec. 16 of the Ampatuan massacre case, this time behind closed doors in case the chosen judge again inhibits himself from the case.

After a judge is chosen, the massacre case will be heard in Camp Crame. (PNA)RMA/JCA

The Office of the Ombudsman on Friday said it has began its lifestyle check on the Ampatuan family’s wealth worth billions of pesos.

The Ombudsman said the lifestyle check might cover various mansions owned by the Ampatuans in Maguindanao and Davao City and in other parts of the country.

Ombudsman Mark Jalandoni said in a text message that their office was now investigating the clan’s assets and liabilities pointing that the Ampatuans were able to own thousands of ammunitions, high-powered firearms, cars and cash.

Jalandoni said the money of the family was questionable, noting that the compensation of a government official was just enough, and could never buy seven mansions and vehicles scattered all over the country.

The assets could reach up to P 3 billion , reports said.

Jalandoni said that eight of the Ampatuan members would face administration cases before the Office of the Ombudsman.

Meanwhile, more ammunitions and weapons were found near the Ampatuan mansion, Armed Forces chief Victor Ibrado said in an earlier report.

Ampatuan legal counsels denied that the clan owned the weapons. They said that it was intentionally planted there to strengthen the case against the family.

The lawyers also question the continuous raids in the mansions, saying the warrant was not updated by the court.

Distant relatives of the Ampatuan have surrendered to the authorities Thursday and turned over 14 high-powered firearms.

Philippine National Police (PNP) spokesperson Chief Supt. Leonardo Espina calls out for more Ampatuans to surrender in the coming days.

Earlier, a resident tipped off the military that Ampatuan’s men hid “high explosives” inside a double wall portion of the 2-hectare warehouse.

Using metal detectors, members of the Army’s Explosives Ordnance Disposal team scoured the area and found the missiles stuffed in a newly cemented wall at the back of the rice depot.

Among the seized items were 6,500 rounds for M14 assault rifles, 134 propeller missiles for 81-mm mortar, 131 propeller missiles for 60-mm mortar, six rockets for 90-mm recoilless rifles, three rocket warheads for an MG520 attack helicopter and 92 rockets for 57-mm recoilless rifles.

Soldiers guarding the area said it took them six hours to load the recovered explosives onto a six-wheel military truck.

A bulletproof Chevrolet Suburban (GOV 888), a Toyota Land Cruiser (GOV 88), nine tractors, six 10-wheel trucks, expensive wood furniture and thousands of sacks of palay (unhusked rice) were also found in a warehouse at Shariff Aguak, Maguindanao.

The fleet of luxury vehicles Thursday greeted soldiers searching for weapons at the sprawling home of Maguindanao warlord Andal Ampatuan Sr., whose family has been blamed for the Nov. 23 massacre of 57 people.

Armed with metal detectors and shovels, the troops uncovered an arms cache in a corn dryer beside the Ampatuan mansion.

In nearby Ampatuan town Thursday night, gunmen opened fire on a military convoy carrying evidence against the Ampatuans to General Santos City at around 8 p.m., but there were no reports of fatalities.

A dazzling array of sport utility vehicles in an old stable also amazed soldiers conducting the raid in the Ampatuan compound in the heart of an impoverished region. It resembled a showroom of expensive cars in Makati City.

Among the vehicles were a military-type sports truck Hummer, a Toyota Land Cruiser, a Chevrolet Suburban, a GMC luxury truck, two Toyota Hi-Lux pickup trucks, a Ford F150, an Isuzu D-Max, a Toyota Hi-Ace van and two military trucks.

Several flatbed trucks could also be seen in an adjacent parking area. The raiding team did not check on the vehicles as these were not included in the mission order issued by Lt. Gen. Raymundo Ferrer, the martial law administrator in the province. (PNA) RMA/JCA

President Gloria Macapagal-Arroyo assured members of the fourth estate that martial law was declared in Maguindanao province not to oppress innocent civilians but to arrest the suspects in the massacre of 57 people and, most important of all, to dismantle private armies.

In a speech Thursday at the opening of the 14th National Press Congress of the Publishers Association of the Philippines Inc. (PAPI) at Subic Bay Metropolitan Authority, Mrs. Arroyo said martial law will be in force and effect only for a short period. She added politics has nothing to do with it.

“I wish to assure everyone –- not the least the press -– that innocent civilians need not worry about the declaration of martial law in Maguindanao. Proclamation 1959 is area-specific and is imposed for only a short time in accordance with Constitutional limitations,” the President stated in her speech, as read by Press Undersecretary Romeo “Butch” Junia.

The 2009 Press Congress with the theme, “The Challenges of the Information-Driven Age,” coincides with the country’s yearly observance of Human Rights Week and take added significance in the gruesome killings of innocent civilians and practicing journalists in Maguindanao.

In her message, the President assured hundreds of delegates from the academe, mass media, and non-governmental organizations that the proclamation “is hedged all around by a panoply of Constitutional safeguards against abuse.”

“The right of civilians in that province to live in peace is now under siege by those private armies,” the President said. “This situation is intolerable to the State.”

She reiterated that on Day One of the implementation of martial law in Maguindanao, the government issued rules of engagements to ensure that soldiers and police operatives will always act within the bounds of the law.

“These groups (the warlords and their private armies) alone – and nobody else – ought to be scared by martial law,” the President said.

“In order to clear the air and set the record straight once and for all, let me assure everyone that this proclamation has no political undercurrents. It will never be used for any purposes other than what have been explicitly stated,” she added.

During the program, the President paid tribute to the men and women, particularly the murdered journalists in Maguindanao last month.

“Let us honor their memory by renewing our commitment today to the ideals of press freedom for which they made the ultimate sacrifice,” the President said in the speech.

Likewise, she told hundreds of delegates to this year’s Press Congress that her administration remains firm in support of press freedom, as exercised by its practitioners and as explicitly enshrined in the Constitution.

“I have never wavered in my support for freedom of expression, even when I myself have been a victim of occasional abuses of that freedom,” she stated.

The President noted that this year’s Congress with the theme “The Challenges of the Information-Driven Age,” is appropriate with the members of the press embracing the cause of the information and communication technologies (ICT) revolution.

She recalled that eight years ago, the cost of voice communication was prohibitive, facilities costly, and the internet available only to a privileged few.

Now, she pointed out, Filipinos gain access to a whole new world largely because of the modern information technology introduced by the government.

These development, she said, are fruits of the three-point program of the current administration: development of the telecommunication, infrastructures, and formulation of policy that leads to the creation of cyber corridor, and enhancement of the capability of the country’s manpower. (PNA)
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Philippine National Police (PNP) chief Director General Jesus Verzosa has cited that the declaration of martial law in Maguindanao has enabled government forces to swiftly seize high-powered, crew-served weapons from armed groups in the province.

According to Verzosa, security forces have successfully conducted 10 search operations in different locations in Maguindanao, yielding 193 more firearms since the declaration of martial law on Dec. 5, 2009.

Verzosa said government security forces have so far accounted for 1,001 different types of firearms and light weapons, mostly from members of the Citizens Armed Forces Geographical Unit (CAFGU) and Civilian Volunteer Organization (CVO) and from residences of suspects in the November 23 massacre of 57 persons in the province.

“The declaration of martial law enabled security forces to act swiftly to confiscate these crew-served weapons and high-powered firearms incidental to the arrest of suspects charged with rebellion before these weapons can be hidden or relocated,” Verzosa said.

Before martial law was declared, security forces were able to conduct only two search operations — one at a vacant lot in Shariff Aguak owned by a certain Tamano Mamalapat that yielded a huge stockpile of assault rifles and crew-served weapons consisting of anti-tank recoilless rifles, mortar tubes, grenade launchers and machine guns; and another court-approved search operation at the house of Police Inspector Saudi Mokamad that yielded an M16 rifle and ammunition.

On November 26, CAFGU/CVO members of Ampatuan town surrendered 22 high-powered rifles.

Two days later, 698 more high-powered rifles were surrendered by CAFGU/CVO forces to military and police authorities.

Government security forces conducted a week-long series of search operations since December 5, 2009 starting with a search on a rice mill warehouse owned by the Ampatuans in Shariff Aguak wherein an armored vehicle, police patrol cars and other vehicles were discovered along with a stash of rifles and ammunition.

The PNP Criminal Investigation and Detection Group (CIDG) has identified 161 suspects in the Maguindanao massacre allegedly led by detained Datu Unsay town Mayor Andal Ampatuan Jr. and Maguindanao Governor Datu Andal Ampatuan Sr.

Andal Ampatuan Sr. and 23 other persons are respondents in a case of rebellion filed by the Department of Justice (DOJ). All 24 respondents are presently under custody. (PNA)
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Vice Mayor Esmael Mangundadatu of Buluan town in Maguindanao has defended President Gloria Macapagal-Arroyo’s declaration of martial law in the province.

Mangudadatu, who is running for the post of Maguindanao governor in next year’s elections, said in a text message to reporters that all those who have opposed the President’s imposition of martial law in the province should check out themselves the situation over there.

“Why don’t they live there and see for themselves? We invite those against the declaration to come and visit the place to see if there is violation of human rights by the police and military,” Mangudadatu said.

Press Secretary Cerge Remonde, on the other hand, said Malacañang remains confident that majority of the members of both Houses of Congress will ratify President Arroyo’s martial law proclamation.

“We remain confident that Congress, after hearing the President’s panel, will uphold the prerogative of the President to employ all means available for her,” Remonde said in a press briefing at Malacanang on Friday.

In Presidential Proclamation No. 1959, President Arroyo placed some parts of Maguindanao under a state of martial law on December 5 to quell a looming rebellion led allegedly by the Ampatuan clan.

Remonde said that seven days after martial law was imposed in the province, security forces had recovered 1,013 firearms and 591,000 rounds of ammunition.

He said the seizure would have been impossible to accomplish without the martial law declaration.

“These were extraordinary problems that call for extraordinary solutions. Unfortunately, a vocal minority joined agitators outside and inside Congress in condemnation, and the crisis in Maguindanao has become a fresh political propaganda for them,” the Press Secretary said.

Remonde added that fears of possible military abuse during the imposition of martial law should have already been doused. He noted that since December 5, not a single complaint of abuse by the security forces has been reported.

“The government is taking care of the [people's] rights. There is not a single example of abuse in the imposition of martial law,” he stressed.

He said fears of martial law “are exaggerated,” adding that the government has exercised prudence in the arrests made against members of the Ampatuan clan.

Earlier, Catholic bishops in the Philippines have already given their blessings to martial law in Maguindanao.

In a statement, Tandag, Surigao del Sur Bishop Nereo Odchimar, the new Catholic Bishops’ Conference of the Philippines (CBCP) president, asked critics of the government to let authorities do their job “for the speedy dispensation of justice to the victims of the mass murder.”

Odchimar said the CBCP fully supports the earlier statement issued by Cotabato Archbsihop Orlando Quevedo that martial law in Maguindanao may be justified because of the “complex” cultural and political situation in the province.

“We stand by the position taken by the Archdiocese of Cotabato within whose ecclesiastical jurisdiction the tragedy occurred and martial law imposed,” the CBCP said.

Government critics have warned that the declaration of martial law in Maguindanao could be a trial balloon for the forthcoming May 2010 polls.

Petitions have been filed before the Supreme Court to declare as unconstitutional Presidential Proclamation 1959 which puts Maguindanao in a state of martial rule.

The government has justified the measure, claiming that a rebellion was in the offing following the arrests of several members of the Ampatuan clan in connection with the murder of 57 people last November 23.

Odchimar said suspicions behind the declaration of martial law should be set aside and allow government to handle the Maguindanao incident.

“Biases for and against the administration can befuddle the issue. We appeal for sobriety not to let wild speculations and conjectures fly, and, at the same time, we call for restraint on the part of the administrators of martial law to exercise restraint so as not to give people the reason to suspect of any hidden agenda behind the exercise,” he said.

Meanwhile, Malacañang has said there is no reason for stock brokers to fear the declaration of martial law in Maguindanao, stressing it is limited in scope and time.

Presidential Spokesperson for Economic Affairs Gary Olivar reminded businessmen that the emergency measure was meant to arrest key suspects in the Maguindanao massacre, quell a possible rebellion and restore peace and order in the province.

“When we talk about martial law and whether or not it is to be feared or welcomed in the context of what has happened, I think these are facts that we should keep in mind. I think the stock brokers, being the rational people that they are, would take this into account,” he said.

Olivar debunked allegations that martial law will later cover the entire country, saying those claims are the handiwork of critics of President Arroyo. They have no factual basis, he said.

Meanwhile, a military spokesman said Friday that Proclamation No. 1959, declaring martial law and suspending the writ of habeas corpus in some parts of Maguindanao province, may be lifted before the end of the year.

Lt. Col. Romeo Brawner Jr., Armed Forces of the Philippines (AFP) spokesman, said that based on the military’s initial assessment, some of the objectives in declaring martial law have already been accomplished.

Brawner said a total of 67 suspects in the alleged rebellion have already been arrested, including Maguindanao Governor Andal Ampatuan Sr. and other members of the powerful political clan.

He said peace and order in the province seems to have been restored, and they are slowly restoring the judicial system in the areas affected by the martial law proclamation.

The military spokesman added that several arms cache, including firearms allegedly used in the massacre of 57 people in Ampatuan town last November 23, have already been seized during several raids and search operations, majority of which were conducted in the Ampatuans’ stronghold in Shariff Aguak town.

Brawner said there has been no let-up in efforts to look for more hidden arms cache, as they want to take advantage of the martial law declaration.

He said the military and the police have also intensified efforts to locate more than 160 suspects in the massacre. (PNA)
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Congress suspended at 9:40 Thursday evening its historic joint session to deliberate Proclamation 1959, which placed the province of Maguidanao under martial rule.

Makati Rep. Teodoro Locsin Jr., in his speech at the second day of the joint session of Congress, said the massacre of at least 57 people last Nov. 23 in Maguindanao justifies the declaration of martial law in the province.

“Nowhere and at no other time has martial law been better justified nor based more sufficiently on incontrovertible facts,” he said.

“Facts, not legal quibbles nor semantic distinctions of debatable validity, indeed, cry out for the most extreme exercise of the police power, which is nothing less than martial law,” he added.

Locsin said that people are seeing Maguindanao “unless we are morally blind, cries out for martial law — at least for now.”

“Here was an obstinate refusal to obey the law and the lawful commands of the national government, so as to constitute, on the part of the once duly constituted authorities, an illegal usurpation of the government offices they once legally held, exercising them now, not for the purposes of law, nor with the aim of doing justice, but to use the powers and functions of that same government to frustrate the law, to perpetuate injustice, to protect the perpetrators of the most horrible crime in Philippine history,” the Makati solon said referring to the gruesome killing of at least 57 civilians in Maguindanao perpetrated allegedly by the powerful Ampatuans.

“The Ampatuans were the first to impose martial law in Maguindanao without any basis but their undying thirst for power, which could only be slaked by the blood of anything of anyone they disliked,” he said.

To the martial law of the Ampatuans, Locsin said, “the only adequate response was martial law by the government, which is the exercise of the inherent police power to secure the public safety through the Armed Forces.”

Justice Secretary Agnes Devanadera, during interpellation with lawmakers, said Article 7 Section 18 of the Constitution says that the President can declare martial law. It is the exclusive prerogative of the President.

“The President has exercised her sound judgment. Martial law is an extraordinary power of the President addressing an extraordinary situation,” she pointed out.

With the imposition of martial rule in Maguindanao, Devanadera said, government forces “were able to make arrests unimpeded and unhampered.”

At least 83 of the 100 suspects in the gruesome Nov. 23 massacre have already been arrested and charged with multiple murder, of which 24 of them, mostly suspected leaders, are facing rebellion charges, she said.

Executive Secretary Eduardo Ermita supported the DOJ testimonies, saying that it was only after the declaration of martial law that witnesses came out.

“It was only that after (the declaration of) martial law that some of the witnesses came out,” he said.

“Pati mga judges (Even the judges) in the area are not willing to issue arrest warrant,” he added.

Joint session will resume at 4 p.m. Monday (December 14). (PNA)
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Armed Forces chief of staff Lt. Gen. Victor Ibrado said there is a “good possibility” that he would recommend for the lifting of Proclamation 1959, which placed the province of Maguindanao before Christmas and New Year.

“There is a good possibility that martial law is lifted before Christmas. We are heading towards that,” said Ibrado in an interview with reporters during the dinner break from the joint session of Congress.

“We have accomplished so many things already. We have arrested so many already and we have recovered so many firearms and ammunition in several places in Maguindanao,” he said.

Justice Secretary Agnes Devanadera, during interpellation with lawmakers, said Article 7 Section 18 of the Constitution provides that the President can declare martial law. It is the exclusive prerogative of the President.

“The President has exercised her sound judgment. Martial law is an extraordinary power of the President addressing an extraordinary situation,” she said.

With the imposition of martial rule in Maguindanao, Devanadera said, government forces “were able to make arrests unimpeded and unhampered.”

At least 83 of the 100 suspects in the gruesome Nov. 23 massacre have already been arrested and charged with multiple murder, of which 24 of them, mostly suspected leaders, are facing rebellion charges, she said.

Executive Secretary Eduardo Ermita supported the DOJ testimonies, saying that it was only after the declaration of martial law that witnesses came out.

“It was only that after (the declaration of) martial law that some of the witnesses came out,” he said.

“Pati mga judges (Even the judges) in the area are not willing to issue arrest warrant,” he said.

Meanwhile, Ibrado said the military top brass would be meeting to assess the situation in Maguindanao.

“We will have to make an assessment on what’s actually happening on the ground so that we can decide for the early lifting of martial law. We have done a lot already and we have almost achieved our purpose. We will know soon enough if we could recommend to the President the lifting of martial law before Christmas,” he said. (PNA)
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As Congress resumes Thursday afternoon, a lawmaker said the massacre of at least 57 people on Nov. 23 in Maguindanao constitutes the declaration of martial law in the province.

“Nowhere and at no other time has martial law been better justified nor based more sufficiently on incontrovertible facts,” said Makati Rep. Teodoro Locsin Jr. in his speech at the second day of the historic joint session Congress tackling Proclamation 1959, which placed Maguindanao under martial rule.

“Facts, not legal quibbles nor semantic distinctions of debatable validity, indeed, cry out for the most extreme exercise of the police power, which is nothing less than martial law,” he said.

Locsin said that people were seeing Maguindanao “unless we are morally blind, cries out for martial law — at least for now.”

“Here was an obstinate refusal to obey the law and the lawful commands of the national government, so as to constitute, on the part of the once duly constituted authorities, an illegal usurpation of the government offices they once legally held, exercising them now, not for the purposes of law, nor with the aim of doing justice, but to use the powers and functions of that same government to frustrate the law, to perpetuate injustice, to protect the perpetrators of the most horrible crime in Philippine history,” the Makati solon said referring to the gruesome killing of at least 57 civilians in Maguindanao perpetrated allegedly by the powerful Ampatuans.

“The Ampatuans were the first to impose martial law in Maguindanao without any basis but their undying thirst for power, which could only be slaked by the blood of anyone they disliked,” he said.

To the martial law of the Ampatuans, Locsin said, “the only adequate response was martial law by the government, which is the exercise of the inherent police power to secure the public safety through the Armed Forces.”

He said that the proclamation of martial law in Maguindanao “send the signal to all — that “soldiers are no longer to obey nor to fear the politicians they were once made to serve and pander to.”

“Martial law sends the needed signal to our soldiers and police that now they need no longer be respecters of special persons but only of the Constitution, the Bill of Rights, of the civil and criminal laws, of the State and not the temporary occupants of its public offices,” he said. (PNA)
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Executive Secretary Eduardo Ermita has assured that the law enforcers would be transparent in the implementation of martial law in the province of Maguindanao.

”You can be sure that the President (Gloria Macapagal-Arroyo) will defend on the report of our armed forces and the police coming from the field. The implementation of the proclamation is transparent,” Ermita said in the ongoing joint session of Congress that tackles Proclamation 1959.

Since the martial law was implemented last Saturday, acting National Defense Secretary Norberto Gonzales said they have not received any complaints from the people of Maguindanao.

”Records of arrest are being kept by the investigating team,” Gonzales said.

When asked by Senator Richard Gordon, the Defense chief said the Ampatuans are the leaders of rebellion in the province.

Big number of high-powered firearms and ammunition, including mortars, have been discovered in the properties allegedly owned by the Ampatuans.

Gordon urged Armed Forces of the Philippines (AFP) chief of staff Gen. Victor Ibrado to investigate the possible involvement of the law enforcers in the selling of the firearms and ammunition belonging to the military.

The senator stressed that pursuing rebellion charges against the suspects in the Maguindanao massacre is an injustice to the victims and their families.

He explained that justice should be given to each and every victim by charging the suspects with every count of murder and illegal possession of firearm committed.

In response, Department of Justice (DOJ) Secretary Agnes Devandera assured that murder cases filed against the suspects will not be affected by the possible rebellion charges. (PNA)
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President Gloria Macapagal-Arroyo was updated by the top military and police officials on the implementation of martial law in Maguindanao province.

Press Secretary Cerge Remonde said, President Arroyo constantly monitored ground in Maguindanao and she was updated by Armed Forces of the Philippines (AFP) chief of staff Victor Ibrado and Philippine National Police (PNP) director-general Jesus Versoza.

Mrs. Arroyo held a meeting with Ibrado and Versoza in Malacanang Thursday afternoon regarding the situation in Maguindanao where martial law is declared.

”We reported to the President that as far as the town centers are concerned, we have the situation under control but still we yet have the Civilian Volunteer Organizations (CVO’s) we are looking for,” Ibrado said.

”We have received certain fillers that some of these CVO’s are going to surrender, there is also report our troops have seen a group of armed men and they are confirming if these are CVO’s just to make sure if they are MILF. We are still confirming it but they are not MILF,” Ibrado said.

Versoza also said that during their meeting with the President, Mrs. Arroyo asked for the update of the cases of murder and rebellion that were filed.

”The President has asked us the morale of our men on the ground. Everybody is in high spirits and everything’s going well on the ground,” Versoza said.

”We want to end this martial law implementation as soon possible time as we reach the objectives of martial law,” Verzosa said.

President Arroyo issued Proclamation 1959 declaring martial law in Maguindanao and suspending the privilege of writ of habeas corpus on Dec. 4.

Mrs. Arroyo submitted a written report to Congress on Sunday night as required by the Constitution to submit a report on both houses of Congress within 48 hours after declaring martial law.(PNA)
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