MANILA, Philippines — A defense counsel in the Maguindanao massacre case has opposed the motion of private prosecutors urging a Quezon City court to order concerned government agencies to provide psychological support to relatives of the victims.

Private Prosecutor Harry Roque in a 16-page motion he filed before Quezon City Regional Trial Court Branch 221 earlier sought court intervention in compelling the Departments of Health; Social Welfare and Development; and Interior and Local Government to provide relatives of the victims such support.

Roque filed the motion following an outburst of one of the widows outside the courtroom where the trial of the massacre cases were being held.

However, in its three-page comment, the law firm of Real, Brotarlo & Real, which represents five of the accused, said that while the relatives of the victims need such support, the private counsels are barking at the wrong tree.

“There is no question that the State has the responsibility to provide remedies to victims who suffered horrendous violation of their rights,” the law firm said in their comment.

The defense counsels argued the court would have no authority to order these quasi-judicial agencies to do so since they are not parties to the case.

“This is what is required by the simple rudiments of due process,” the law firm added.

They said the court cannot order such agencies to perform certain actions unless they are given the opportunity to be heard first.

Besides, the law firm argued that the concerned government agencies have their own priorities and respective goals towards their mandate to promote the general welfare of the majority of the Filipino people.

“Hence, they cannot be compelled to digress from these paramount priorities and their other equally important activities just because there is a motion in court to that effect.”

They said the court could be setting a dangerous precedent if it agrees to issue such order binding those who are not parties to the case before the tribunal.

“Thus, no matter how noble the intentions of the Motion for Psychological Support are, the same cannot be given due consideration by the Honorable Court without running afoul to well-settled laws and jurisprudence,” the law firm said.

Instead of asking the court to issue such order, it would be better for the private prosecutors to direct their request for psychological support to the concerned government agencies, the law firm suggested.

Roque earlier argued that the rules grant the court authority to issue an order providing such support to the families of the victims.

The law firm of Real, Brotarlo & Real is representing accused Datukan Salibo, Datutucon Esmail, Edris Kasan, Nicomedes Tolentino, and Samaon Andatuan, whom they alleged were merely victims of mistaken identity.