Declare Mindanao ‘emergency’ unconstitutional, SC asked

By Tetch Torres
INQUIRER.net
First Posted 17:15:00 12/03/2009

MANILA, Philippines – Autonomous Region in Muslim Mindanao (ARMM) Governor Datu Zaldy Ampatuan has asked the Supreme Court to declare as unconstitutional President Gloria Macapagal-Arroyo’s order placing three provinces in Mindanao under a State of Emergency.

In his petition for a temporary restraining order and preliminary
injunction, Ampatuan, together with ARMM Vice Governor Ansaruddin Adiong and ARMM-Regional Legislative Assembly Speaker Regie Sahali-Generale, said Proclamation 1946 and Administrative Order No. 273 was contrary to Article X, Section 16 of the Constitution, which provides that “the President can only interfere in the affairs and activities of a local government unit if she finds that the latter has acted contrary to law.”

Petitioners added that the proclamation also violated Section 1,
Article V and Section 2 of Article XVI of Republic Act No. 9054 (Expanded Organic Act for ARMM) which gives the regional government to exercise disciplinary authority over officials and employees in the region.

“The law is clear. The power to discipline erring officials or
employees lies with the Regional Government. Thus, to mete the penalty of suspension and replacement upon those who are merely ‘suspected’ and not to mention, not proven to have complicity in the Maguindanao ‘massacre’ is to unforgivably and despotically contravene the provision,” the petitioners said through their lawyer Sigfrid Fortun.

Proclamation No. 1946 was issued by President Arroyo on November 24, a day after the Maguindanao massacre to prevent similar incidents from spilling over to other parts of Central Mindanao.

It effectively placed the provinces of Maguindao and Sultan Kudarat, and the City of Cotabato under a state of emergency.

On the basis of the said proclamation, President Arroyo issued
Administrative Order No. 273 giving Interior and Local Government Secretary Ronaldo Puno the authority to exercise administrative control over the ARMM, including the power to suspend all local officials suspected of having complicity in the Maguindanao massacre.

The petitioners also said that the takeover of the entire ARMM has no basis since Proclamation No. 146 limited the imposition of state of emergency to the provinces of Maguindano and Sultan Kudarat and the City of Cotabato.

“Such provision is a categorical admission that as to the rest of
ARMM, no such emergency is found to exist. Thus, taking over the entire ARMM by virtue of such proclamation or any pertinent, directive or order is clearly without legal basis or is in excess of what the proclamation, assuming its validity [which is denied] allows,”
petitioners said.

Respondents include Puno, the Armed Forces of the Philippines (AFP), and the Philippine National Police (PNP).

View story as posted on Inquirer.net

Ampatuan patriarch, four more kin charged for massacre

By Tetch Torres, Abigail Kwok
INQUIRER.net
First Posted 16:41:00 12/02/2009

MANILA, Philippines—(UPDATE 3) Seven counts of murder were filed Wednesday against the Ampatuan patriarch, five members of his powerful clan, and six other suspects in the gruesome killing of at least 57 people in Maguindanao, officials said.

Maguindanao Governor Andal Ampatuan Sr., his sons Datu Unsay Mayor Andal Ampatuan Jr. and Mamasapano Mayor Bahnarin Ampatuan, his grandson Datu Ulo Ampatuan, Salibo Vice Mayor Datu Kanor Ampatuan, and Shariff Aguak police auxiliary Tony Kenis Ampatuan are accused of being involved in the mass murder of their clan’s political rival on November 23.

Chief State Prosecutor Jovencito Zuño said a panel of prosecutors would evaluate the amended complaint filed by the Philippine National Police-Criminal Investigation and Detection Group before the Department of Justice.

“The panel will evaluate the complaint that will be filed before us and we will determine the next action to be taken from there,” Zuño said.

Also charged with the Ampatuans are Datu Abdullah Sangki town councilor Muhamad Sangki, police auxiliary of Shariff Aguak Tumi Timba Abas, Tammy Masukat, Datu Unsay police officer-in-charge PO1 Abbey Guiadem, a certain Kumander Beri, a certain Dahutay and 100 other John and Jane Does.

“The names of these respondents came out from statements given by our witnesses, both police and civilians, who have actual knowledge of some of the things that happened in the area and its vicinity from the time they were abducted up to the time the incident, the massacre, occurred,” Deputy Director General for Operations Jefferson Soriano said at a press conference in Camp Crame.

Soriano, however, said there was no direct evidence yet directly linking Ampatuan Sr. to the mass slay, except for the presence of the backhoe owned by the Maguindanao provincial government at the crime scene.

“So far none. But we cannot conclude that there are no additional statements that can be given,” Soriano said.

The military on Wednesday cordoned off the residences of the Ampatuans ahead of the filing of murder charges against them, saying it was necessary in case authorities need to serve arrest warrants against any clan member.

The National Bureau of Investigation and the PNP were not ruling out the possibility
more could be charged in connection with the grisly election-linked slays, said NBI Deputy Director for Technical Services lawyer Reynaldo Esmeralda.

“It is a continuing probe and we are not ruling out possibility that more personalities would be implicated. It will not end with Ampatuan Jr. and as long as we uncover evidence to implicate other persons, then we will indict them,” Esmeralda said.

Ampatuan Jr. has been charged earlier with 25 counts of murder so far, although prosecutors have indicated he will face more charges once all the death certificates have been processed. The case was filed by the justice department with the Cotabato City regional trial court.

More Maguindanao policemen have been summoned to Camp Crame in Manila to shed light on the election-related massacre.

Soriano said that apart from the eight policemen under restrictive custody at the CIDG office, 14 others were flown in Wednesday and would be investigated about their possible involvement in the crime.

This as he admitted that several other policemen have gone AWOL (absent without leave), including chief of police PO1 Abbey Guiadem and Inspector Saudi Mokamad.

Soriano said the police officials “cannot be accounted for and some of the policemen who were with the convoy of Datu Unsay and who were also with the group of Chief Inspector [Sukarno] Dicay.”

The Ampatuans, through the backing of their own private army and the support of President Gloria Macapagal-Arroyo’s ruling coalition, have ruled the southern province of Maguindanao since 2001.

Ampatuan Jr’s father, who goes by the same name, has been governor of Maguindanao since 2001, although he has held other senior provincial positions since the fall of dictator Ferdinand Marcos in 1986.

Ampatuan Jr., who is being held at the NBI detention center, is accused of leading about 100 soldiers, policemen and other Ampatuan gunmen in the mass slay of 57 people, including the wife and two sisters of a rival from another Muslim clan, Esmael Mangudadatu.

The victims’ bodies were buried in specially dug graves or dumped on a road near a town bearing the Ampatuan name.

Among those killed were journalists, lawyers and other civilians.

Mangudadatu said the killings were carried out to stop him from running against Ampatuan Jnr for the post of governor in next year’s national elections.

The massacre has outraged the nation and embarrassed Arroyo.

Ampatuan Jr. and Sr. were expelled from Arroyo’s ruling coalition last week, but critics have said the President knew for years about their warlord reputation.

They say Arroyo kept them as allies because they delivered votes to her and the ruling coalition. The Ampatuan clan and its gunmen were also used to help contain a Muslim insurgency in the south of the country.

The Ampatuans still control many local positions in Maguindanao and are believed to have hundreds of armed followers still loyal to them, despite a government campaign to disarm them.

View story as posted on Inquirer.net

Quotable quotes…

“If you’re not sure where you stand in someone’s life, its best to leave things behind so that if they drop you off, it would be easy to forget them. Don’t waste time waiting for nothing. When efforts are not recognized, its best to just give things up.

You’ve done you’re part, LET THEM DO THEIRS…”

Ampatuan charged with multiple murder at DoJ

By Tetch Torres
Agence France-Presse, INQUIRER.net
First Posted 12:50:00 11/26/2009

MANILA, Philippines—(UPDATE 6) Datu Unsay mayor Andal Ampatuan Jr. has been formally charged with multiple murder before the Department of Justice over Monday’s slaughter of at least 57 people in Maguindanao.

Justice Secretary Agnes Devanadera said a panel of prosecutors handling the case would issue a resolution within 36 hours with regards to filing of the formal complaint before the court in Maguindanao.

Chief State Prosecutor Jovencito Zuño, who along with Devanadera, performed the inquest at the General Santos City airport Thursday, said that seven counts of multiple murder would be filed against Ampatuan.

He explained that more would be filed against the prime suspect in the grisly slays as son as they get more medico legal reports.

Ampatuan was flown to Manila and now in the custody of the National Bureau of Investigation to face charges he led a pack of about 100 gunmen in the pre-election violence that sent shock waves around the world. If proven guilty in court, he will be jailed for life without possibility of parole.

Ampatuan, scion of a powerful clan in central Mindanao, is the prime suspect in the carnage Monday morning when political rival Buluan Mayor Esmael Mangudadatu— through his wife and supporters—was set to file his certificate of candidacy for Maguindanao governor.

Tension rose at the airport as Mangudadatu came face to face and pointed an accusing finger at the prime suspect in the grisly slays. Mangudadatu’s wife Genalyn, his sisters, and other relatives were among those killed and dumped in shallow graves.

During the closed-door inquest proceedings at the airport VIP lounge, Mangudadatu affirmed his affidavit.

But the son of Maguindanao governor Andal Ampatuan Sr. insisted he did not orchestrate the horrifying killings.

“There is no truth to that,” Ampatuan Jr. told reporters at the airport when asked whether he was behind the murders.

It was his first public comment since the massacre and was made after authorities took him into custody from his home and flew him by helicopter to General Santos City, from where he was set to be flown to Manila.

Interior Secretary Ronaldo Puno earlier told reporters in Manila that witnesses to Monday’s massacre would also be brought with Ampatuan Jr. to Manila to help authorities in their investigations.

Officials had been negotiating since Tuesday with Ampatuan’s powerful family for him to submit to questioning.

The massacre occurred after about 100 Ampatuan gunmen allegedly abducted a convoy of aides and relatives of Mangudadatu, plus a group of journalists.

The victims were snatched as they were traveling in a six-vehicle convoy to nominate Mangudadatu as the opposition candidate for provincial governor in next year’s elections.

They were shot at close range, some with their hands tied behind their backs, and dumped or buried in shallow graves on a remote farming road close to a town bearing the Ampatuan name.

Fifty-seven bodies have been recovered so far, 18 of whom were journalists.

Ampatuan Jr. is the son of Maguindanao’s governor, a Muslim clan chief of the same name who commands his own private army and until this week was a close ally of President Gloria Macapagal-Arroyo’s ruling coalition.

Maguindanao is part of the Autonomous Region in Muslim Mindanao, where Muslim clans rule vast areas backed by their own private armies, often out of the national government’s control.

Ampatuan Sr. had been grooming his son, currently a local mayor, to take over as governor of Maguindanao.

The victims’ relatives alleged the Ampatuans organized the murders so that Mangudadatu would not run for that post.

In Manila, Puno said all the police from Ampatuan town were being investigated amid suspicions they were involved in the massacre.

“All members of the Ampatuan police station are under investigation for complicity in the crime,” he said.

However, indicating the situation in Maguindanao province remained extremely volatile, the military said most of the Ampatuan family’s militiamen alleged to have carried out the massacre were still on the run.

“Most of the armed group that perpetrated this crime have run away towards the mountainous area of Maguindanao,” military spokesman Lieutenant Colonel Romeo Brawner said on ABS-CBN television.

“That is where we are conducting our pursuit operations.”

The ruling Lakas Kampi CMD coalition late on Wednesday expelled both Ampatuans from the party.

Ampatuan Jr.’s brother, Zaldy, governor of the Autonomous Region in Muslim Mindanao that includes Maguindanao, was also expelled.

“(They were) expelled for their failure to uphold party ideals and principles in their area of jurisdiction,” the coalition’s nomination for president in next year’s elections, Gilberto Teodoro, said in a statement.

View story as posted on Inquirer.net

Thinking Aloud

It was like a blast from the past…the giddy feeling, happy, walking in the clouds, stupidity, sadness, confusion… all rolled into one.

I wish I could just explode with those kinds of feeling inside me. But still, here I am…thinking…

Am scared that everything will just repeat itself, the way history does always wanting a replay. I am doubtful of a happy ending. Knowing nothing about the person and not sharing you with the people he loves is a scary thought…perhaps or certainly…either way I am at the losing end, fighting it out with an expert in the game of…not love but manipulation of feelings.

Still, to love is to risk right? But there is also that old adage saying that “we can’t make something feel right when we know that it is wrong.”

Whatever happens, it will just be either the answer to my happiness or I will just add it to my collection of goodwill.

I know, God doesn’t want me to be lonely again…I know He will help me…

The RIGHT one

“The way you know you have found the right one is the inexpressible comfort of feeling safe with the person. Having neither to weigh thoughts nor measure words, but pouring them all right out, just as they are, chaff and grain together; certain that a faithful hand will take and sift them, keep what is worth keeping, and then with the breath of kindness blow the rest away.” – Dinah Craik

I wish I could feel that same way again…or someone could feel that way to me…naaahhh

Congratulations!!!

CONGRATULATIONS INQUIRER.NET for winning the BEST NEWS WEBSITE AWARD in the 4th DIGITAL FILIPINO AWARDS THIS YEAR.

GALING GALING!!!

See related news story

Happiness!!! woot…woot

I am really sick today. I was not able to go to work, not able to finish my enrollment and I have no voice. I think I will probably be absent for both work and school in a few more days until my voice gets back. Someone tried to make a fool out of me AGAIN (though prevented).

But situation like this cannot dampen my spirit. Life is sweet. Life is good and God loves me. I passed both my Corporation Code and Civil Procedure subjects. The sleepless nights I endured with energy drink as my best friend paid off. I am so happy and so blessed. I am close to my last leg in school and hopefully, God willing, it will be as smooth as it is…just like now.

:D I just cant stop smiling

Quotes to live by…

“I believe that for the most part, love is about choices. It’s about putting down the poison and the dagger and making your own happy ending…most of the time…”

-Dr. Meredith Grey-

Psychic Vampire Part 2

Four years ago, I wrote a blog on PSYCHIC VAMPIRES. I met one in the face, someone who was once upon a time very close to me.

What is a PSYCHIC VAMPIRE again? According to the “Black Book” of Anton Szandor Lavey, Psychic Vampires are emotional and needy people. They whine, they manipulate others to be able to get what they want. If we say no, they have the power to make us feel guilty, emotionally and physically drained.

“I know you will not help me return to school because I am not important to you anymore. You are already happy without me…”

This is an example of the new breed of “suckers.” They can be our relatives, colleague, or people we thought as friends or people we thought loves us. We can never tell until its too late…until we discover that they have betrayed us, exploited our trust…until they have caused enough damage leaving us physically, emotionally and to some people i know…financially drained.

This particular psychic vampire I am talking about has been exploiting my previous relationship to him. That, despite of all that he has done (without even saying sorry for it) I will help him because “he is still important.”

Some people are like that, they are vampires or opportunist suckers. They will tell you they love you but once you have helped them, they don’t need you anymore. The “love” they are talking about is gone. They will jump to another ship where they can get more benefits.

I wonder why there are psychic vampires. Did they have troubled childhood? Or just a weak personality they cannot accomplish anything without the need of other people’s help (willingly or as a result of an emotional blackmail).

At first, after being a victim of one vampire, I felt anger but in the end its just pity. I am not a perfect person. I have a lot of flaws and I mean a lot but at least I can look everyone in the eye and tell the whole world that what I have and where I am now is a result of blood sweat and tears.

To read my previous entry on psychic vampires, click here