Easier said than done

By ERNESTO F. HERRERA

Something must be done, but who has the power to do it? That is the question many citizens are now asking in the face of the violent death of witnesses to the November 2009 Maguindanao massacre of 57 persons, including 32 journalists.

After more than two and a half years, the trial of the known masterminds has not progressed much.

Some 101 out of 196 suspects have not been put behind bars.

And Malacañang can only repeat over and over again President Benigno Aquino 3rd’s order to the Philippine National Police to find and arrest them.

The latest person to be killed was Said Salik, whose death is more likely than not related to the massacre. Two motorcycle riding killers shot him dead on Saturday. He was an aide, officially a consultant, to Maguindanao Gov. Esmael “Toto” Mangudadatu.

Gov. Mangudadatu’s decision to rise against his former allies, the powerful Ampatuan clan, led to our country’s worst political massacre. Killed among the 57 victims, was the governor’s wife—who was carrying his formal certificate of candidacy for governor of Maguindanao against the scion and chosen candidate of the Ampatuan clan, Andal Ampatuan Jr. Also killed in the massacre were Gov. Mangudadatu’s two sisters. Apart from them and the journalists, the other victims were lawyers, some of Mangudadatu’s aides and motorists who witnessed the abduction of the party or were mistakenly identified by the band of killers as part of the convoy going to the Commission on Election office to file Mangudadatu’s candidacy.

Before the killing of Gov. “Toto” Mangudadatu’s aide Said Salik, at least six persons, whom the police authorities have identified as “potential witnesses” willing to testify against the Ampatuans, had been murdered.

The clan’s patriarch and several of his sons are among the 196 persons charged with conspiring to commit the massacre. Police, however, do admit that 101 suspects—maybe even more—are still at large.

Offer to testify against former president

The Ampatuans had ruled Maguindanao, as governor of the province and mayor and political leaders of the province’s towns. They were allies of former president Gloria M. Arroyo. According to Harry Roque, the leading non-government lawyer serving as attorney for some of the massacre victims, the Ampatuans are working on a ploy to serve as state witnesses against the former president in the state’s case against her for committing election fraud in the 2004 election.

The Ampatuans, Atty. Roque said, offered to testify that they were directed by the former president to ensure her victory in Mindanao against the late Fernando Poe Jr. In exchange for their testimony against former president Arroyo, Andal Ampatuan Jr. would be spared further prosecution in the Maguindanao massacre case. The government has rejected the offer.

The death of the potential witnesses, however, shows that the Ampatuans and their allies still have the power to control how the massacre trial is to go on.

Palace can “only do so much”

The situation is made more alarming—and frustrating—because the President’s men can only say of the assassination of witnesses that the Palace “could only do so much.”

Presidential Spokesman Edwin Lacierda said last Friday that the government has offered protection to these witnesses but they refused. Therefore, he said, people should not blame the Aquino administration for their deaths.

Speaking to reporters, Mr. Lacierda said it was unfortunate that, for example, the 36-year-old Alijol Ampatuan was killed on February 12 in Shariff Aguak town. This man, whose surname shows that he is a member of the Ampatuan clan, was going to bear witness against his relatives. But, said Lacierda, Alijol had rejected the government’s offer to protect him. He said President Aquino was particularly concerned about the safety of witnesses for the prosecution in the massacre trial and had told Secretary Jesse Robredo so. As secretary of the Department of Interior and Local Governments, Robredo has oversight powers over the National Police Commission and the Philippine National Police, whose duty it is to secure the lives of government prosecution witnesses.

Lacierda is proud of the government’s ability to protect witnesses. Those who have accepted government protection, said he, are still alive and only those who have refused are ending up dead.

Still, something appears to be amiss in the flow of communications between the police and the witnesses, and the DILG and Department of Justice (DOJ), which is the government unit in charge of the Witness Protection Program.

Something also seems terribly wrong with the police officers involved in the massacre trial. Or the whole structure of the PNP’s command and work flow in relation to the prosecution of the Ampatuans is hazardously flawed.

Witness Protection Program

Justice Secretary Leila de Lima worries that every potential witness could get killed as long as the principal accused are still at large. She said some Ampatuans identified as suspects have not been arrested. They still have the clout and reach to have witnesses eliminated.

She talked about Alijol as a potential witness who had not affirmed his willingness to testify for fear of being punished. She said the potential witness’ name was just mentioned in the testimony of actual prosecution witness Esmael Enog and he was killed.

Last Friday June 29, Sec. de Lima told the Inquirer she had submitted a “priority list” of 20 suspects to Sec. Robredo so he could order the Philippine National Police to arrest them. The arrest of these 20 is imperative. For they have the power and the means to have any potential witness killed.

Does Mr. Robredo have the power to get the PNP people to do their job?

Do the PNP officers and men dare to go, zealously, after the Ampatuans?