Solon urges martial law in Maguindanao

By BEN R. ROSARIO
November 29, 2009, 4:58pm

Quezon City Rep. Matias Defensor Jr., chairman of the House committee on justice, Sunday asked President Gloria Macapagal-Arroyo to declare martial law in Maguindanao to “suppress lawless violence” and cause the immediate arrest of the estimated 100 men behind the vicious massacre of close to 60 civilians in the province.

Defensor, also chairman of the ruling Lakas-Kampi-CMD in Quezon City, said critics should argue against his recommendation “not on the basis of political expediency but on the basis of how Filipinos could best obtain justice for the slain women, journalists and civilians” in the carnage.

The veteran lawmaker pointed out that Congress, voting jointly, may revoke within 48 hours the martial law proclamation. He said the suspension of the writ of habeas corpus is also an option to stop bloodshed in Maguindanao.

“Under the Constitution, Congress has the power to revoke a proclamation of martial law within 48 hours after it was declared. The Constitution also allows the President to place only Maguindanao under military rule,” Defensor said.

Despite the demonstration of national outrage against the massacre of at least 57 persons, including at least 27 journalists and 16 women, no other politician has dared call for either the lifting of the writ of habeas corpus or the declaration of martial law.

“Assessing the Maguindanao situation, I think that right now the most reasonable and quickest way to bring back law and order in the province and seek justice for victims of this most despicable act of violence is to place the entire province under martial law,” Defensor stated. “The massacre is a glaring proof of lawless violence that only a declaration of martial law can contain.”

He warned that delay in the investigation and arrest of the killers could only derail attempts to seek justice for the victims, adding that witnesses have not come out because of fear of retaliation and lack of confidence in the government’s resolve to place the culprits in jail for good.

This developed as Lakas-Kampi-CMD presidential candidate Gilberto "Gibo" Teodoro, Jr. called on the Philippine National Police to immediately order the suspension of the civilian permits to bear firearms outside of residence, particularly in war-torn areas and so-called election hotspots, to prevent another Maguindanao massacre.

“Clearly, a January gun ban may be too late since the violence is clearly happening now when candidates file their certificates of candidacy," Teodoro, former defense chief, said.

He stressed the need for a “zero-tolerance policy against private armies” for next year’s elections.

“By insuring that all authorized firearms are placed under lock and key, the PNP can concentrate on its task of arresting illegal gun owners and private armed groups out to disrupt the coming elections,” the Lakas standard bearer added.

Malacanang said it is amenable to the early suspension of permit to carry firearms in election hotspots to prevent any escalation of political violence.

Press Secretary Cerge Remonde said putting guns under lock and key could avert a repeat of the Maguindanao carnage and facilitate peaceful automated polls next year.

“Malacanang definitely will be supportive of any plans programs or moves to ensure honest orderly peaceful elections,” Remonde said over government radio. “We encourage the police, military especially after what happened in Maguindanao to identify the possible hotspots in Mindanao and work alongside with the Commission on Elections.”

Any decision to suspend gun permits of civilians in hotspots rests on the poll body, according to Remonde. The Comelec is expected to implement an election gun ban from January 9, 2010 until June 10, 2010.

Another solution to the peace problem is hastening economic development in Mindanao, according to Remonde.

But Remonde admitted that the “rido” or blood feud is a decades-old problem rooted in history and culture of Filipino Muslims and would require “long painstaking” effort to resolve.

“Yan ang isang problemang hindi basta-basta at hindi simpleng mareresolba sa isa lamang na solusyon,” he said.

Meanwhile, families of the massacre victims have welcomed the relief of police and Army officials for alleged shortcomings in their duties, although they said punitive sanctions should even translate to dismissal from service if warranted.

“That’s quite relieving news,“ a wife of one of at least 27 journalists slain in the massacre told the Manila Bulletin, referring to the relief of two Army officials and a police regional director, the Maguindanao provincial chief and all policemen in Ampatuan town.

The grieving widow, who asked not to be named for obvious reasons, stressed: “A mere relief (from present assignment) is not enough, if I were to decide. A summary dismissal from service is appropriate for those officers concerned.”

Camp Aguinaldo said Friday Col. Medardo Geslani, chief of the 601st Army Brigade, and Maj. Gen. Alfredo Cayton, head of the 6th Infantry Division, were relieved following allegations that they were remiss in their duties when the massacre was staged by militiamen linked to the Ampatuan family.

"Their relief will give way to an impartial and transparent investigation. This is also being done to erase all the doubts of the public as to the professionalism of these two officials," military spokesman Lt. Col. Romeo Brawner said.

Geslani and Cayton were allegedly responsible for security lapses that had caused some 100 militiamen in Ampatuan town to go unnoticed as they killed and buried passengers of a six-vehicle convoy en route to the Comelec provincial office in the capital town of Shariff Aguak.

Investigators said witnesses had seen the armed men checking passing vehicles at the Ampatuan highway, while the provincial government’s backhoe was digging up big holes three or four days before the massacre.

At least 57 people, including members of the Mangudadatu clan, two lawyers, and at least 27 journalists were killed in what was believed to be an election-related crime allegedly perpetrated by gunmen linked to the Ampatuans.

The Department of Social Welfare and Development put the death tolls at 60 as of press time Sunday. The figure is closer to media reports that around 30 journalists were killed in the massacre.

Camp Crame had earlier relieved Muslim Mindanao police director Chief Supt. Paisal Umpa, the Maguindanao provincial police director and all policemen in Ampatuan town where the massacre happened.

Three journalists, who were invited to join the convoy but stayed behind, and Manila Bulletin reporter Alejandro “Bong” Reblando, one of the slain journalists, tried to call but failed to gain attention from the two military officials and the police officers before the massacre.

An hour before the massacre, Reblando, a friend of Cayton, called up a colleague and said he would proceed joining the convoy because his pal in uniform allegedly told him the highway towards Shariff Aguak was “cleared” of potential dangers.

Reblando said he had also dialed the mobile phone of ARMM police director Umpa but the phone kept ringing unanswered.

The two Army officials' relief came after President Gloria Macapagal Arroyo gave Interior Secretary Ronaldo Puno the free hand to suspend local government, police, and military officials in Maguindanao after the carnage.

Puno, who also enjoys full supervisory powers over the Autonomous Region in Muslim Mindanao, said he wanted to place under preventive suspension acting Gov. Sajid Ampatuan – son of Ampatuan clan chief Andal Ampatuan Sr. – as well as all the provinces' mayors, and have them investigated.

Almost 400 members of the armed civilian auxiliary in Maguindanao originally formed to augment government forces in quelling rebels were disarmed and are being investigated due to reports that they had a hand in the killings.

However, the guns given up by the disbanded militiamen as shown in media footages were “unusable” units of Carbine, Garand and M-14 rifles, not the much modern American-, Belgian- and Israeli-made assault rifles previously seen in the possession of uniformed men in the provincial government seat.

Meanwhile, the National Bureau of Investigation did not allow the primary massacre suspect, Datu Unsay Mayor Andal Ampatuan Jr., to be transferred to a private hospital after complaining of chest pains.

NBI Director Nestor Mantaring said the transfer was not granted after they assessed that Amaptuan Jr.'s physical condition was normal.

He said they will not just allow Ampatuan to be transferred to a private hospital as the transfer itself might prove to be a security risk.

Mantaring admitted though that they were not able to conduct a thorough physical check-up on Ampatuan when the latter was placed under their custody.

The NBI director said that they will allow Ampatuan to have his personal doctor check on his condition. However, this should be done in the presence of a doctor from the NBI to verify the assessment.

The massacre continued to draw strongest condemnations from all corners and from all walks of life. Fr. Ramon Ma. Bernabe, provincial superior of the Oblates of Mary Immaculate (OMI) who is based in Cotabato City, said the savagery and ruthlessness of the massacre will “continue to chill our bones and numb our minds days, weeks, and years after the tragedy.”

Kelly M. Delgado, secretary-general of Karapatan, a human rights group based in Davao City, said: “The brutal crime committed by a private army of a warlord in one of the election hotspots in the country was proof of the barbaric impunity by which the perpetrators can kill and even try to hide the crime as if no law can be applied to prevent them from committing such a brutal act in a broad daylight.” (With reports from Genalyn Kabiling, Rizal Obanil, Ali Macabalang and Malu Cadelina Manar)