From brutality to accountability

STAGGERING. This best describes how the Philippine news media community is currently experiencing more than a month after the Ampatuan massacre last Nov. 23 that killed at least 57 people, 32 of them journalists and media workers. Even then, it has to move forward from this sorry condition to fully get back to the crucial business of reporting about the real state of the country and its peoples. And seeking accountability for the brutality will be its most pressing challenge in moving forward.

Editors Note

Bringing before the bar of justice the people responsible for the crime will be a major eort to pursue.

Another will be a more vigorous campaign to battle the culture of impunity. This is the very social circumstance that shaped up the character of the massacre perpetrators. In this edition of the PECOJON Digest, we train our sight on the signi icant issues related to the Nov. 23 massacre in aid of making sense of the dire event. In his story Patience in search of justice, long-time justice beat reporter Karlon Rama shows us the legal landscape attendant to the struggle to seek accountability for the brutality suered by the victims of the Ampatuan massacre. This provides us a peek into the hard realities of litigation in which crafty moves are equally vital as the weight of evidence to prove a case. A sidebar story summarizes the arguments of several Ampatuan clan members in
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FOUNDED in 2004 by Filipino and German journalists, PECOJON - The Peace and Conict Journalism Network, unites reporters, editors, photographers and academicians and other communication professionals under the goal of providing human, conict-sensitive and quality reporting of conict, crisis and war. Through this type of reporting, it aims to empower people in the most challenging moments of their lives to make well-informed decisions and reclaim control over their situation despite the manipulative power of propaganda and the painful experience of conict and war. Along this principal goal, PECOJON seeks to develop the capacity of the news industry to undertake conict-sensitive journalism.

The Peace and Conf lict Journalism Network

CONTENTS answer to allegations they planned and carried out the massacre. Mindanao-based journalist Ryan Rosauros Counting deaths and toll on the living tries to fathom the impact of the massacre on the Philippine news media community which continues to stagger with the event up to now. An accompanying article describes the eort of the National Union of Journalists of the Philippines to set up a Justice Fund to bankroll activities geared at seeking accountability for the incident and the related circumstances that contributed to the shape up of events leading to the carnage. Clans in clash provides us a historical look at the relationship between the Mangudadatu and Ampatuan families, and tries to trace the source of their falling out. A sidebar story by Ben Jason Tesiorna, Starting them young? describes how some scions of both the Mangudadatu and Ampatuan clans were reared into the gun culture widely prevalent in their home communities. A photo essay by Rommel G. Rebollido, Pen vs Sword, takes us to the emotion- illed and gripping moments in the wake of the massacre. In this edition, and hopefully in the others that follow, we feature viewpoints that enrich the body of knowledge underpinning the practice of con lict-sensitive reporting. The editorial, Uncovering the coverage landscape is an attempt to squeeze lessons from the incident on reporting about sensitive topics from con lict-ridden areas like Maguindanao. We also run here a piece by Antonia Koop, An Open Letter to Nonjournalists, which she wrote in the aftermath of the massacre. It is an appeal for greater public ownership of the journalism profession and hence, also public obligation to protect the lives of journalists. Journalism is not about journalists; it is about public interest. Beyond the enormous loss, it can be categorically said that journalists in the Philippines have found themselves in greater community with one another in the aftermath of the massacre. This can be the situationchanging asset for them, not only to cope, but to overcome.

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PATIENce

COUNTING DEATHS 12TOLL ON THE LIVING AND

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PHOTO ESSAY

AMPATUANS BELIE WITNESS CLAIM

GROUPS RESPOND TO MASSACRE AFTERMATH

PEN VS. SWORD

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CLANS IN CLASH

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STARTING THEM YOUNG?

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1FROM BRUTALITY 30uncovering the 33AN OPENTO LETTER

EDITOR'S NOTE EDITORIAL:

TO ACCOUNTABILITY

coverage landscape

NON-JOURNALISTS

OUR COVER. Erlyn Umpad weeps while grieving for her loved one, UNTV reporter McDelbert Arriola who was killed along with 57 others in Maguindanao on Nov. 23. Cover photo by Rommel Rebollido PECOJON Digest remembers the Nov. 23 massacre by the colors of its cover. Black joins the families, rela ves and friends in mourning those killed and red reminds the ruthless killings on that day.

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December 2009

Patience in search of justice

Swift justice has been a persistent cry of those who lost loved ones in the Ampatuan massacre. Yet, the Philippine legal system provides enough opportunity for the accused to prolong the process.

of 57 people, 32 of whom were media practitioners, in Sitio Masalay, Barangay Salman, Ampatuan town, Maguindanao. On the other hand, the Philippine National Police has detained six other members of the Ampatuan family, all taken within hours after the Presidents imposition of Martial Law over the entire Maguindanao province on Dec. 5, 2009. Former Maguindanao Governor Andal Ampatuan Sr., Autonomous Region for Muslin Mindanao (ARMM) Governor Zaldy Ampatuan, Mamasapano Vice Mayor

Akmad Ampatuan, Shari Aguak Mayor Anwar Ampatuan, Acting Maguindanao Governor Sajid Ampatuan, and Krauner Ampatuan have yet to be charged in Court though. Complaints, which include rebellion, have also been iled against them and over 600 more people. As of this writing, these are still undergoing preliminary investigation.

Complaints
Defense lawyer Sigfrid Fortun, who represents Andal Jr. in what is sure to be a lengthy legal battle, has already accused the justice department of bias. He highlighted his point by telling a panel of prosecutors last Dec. 18 that Andal Jr. was not going to submit a counter-af idavit. The panel was then conducting the preliminary investigation on the

Text by Karlon N. Rama and photos by Froilan O. Gallardo

Its doors then forced a yawning chasm great, Unfolding giant wings attached with pins Of brass in two-way hinges. Squealing dins The air with painful moans, as doors ixed fast With rows of riveted bolts wheel lazily past -- Parmenides maidens persuade vengeful Justice to open Her Gates THE gates of justice turn on slow hinges and the private complainants in the murder cases against an indicted member of the Ampatuan family, as well as others still undergoing preliminary investigation, can only wait. Yet comfort may lie in the surviving words of the late Sextus Empiricus. The mills of the gods grind slow, says the

COURTS. Government prosecutors le murder charges against Andal Ampatuan Jr., at a local court in Cotabato City. CACHE. Hundreds of rounds of ammunition for machineguns, mortars and ries were found by government troops in hastily dug pits around Shariff Aguak town.

Roman philosopher, but they grind exceedingly ine. Chairperson Leila De Lima of the Commission on Human Rights reminds journalists and victims families not to take the law into their hands, following an incident where journalists mobbed and hurt Andal Ampatuan Jr., principal suspect in the Nov. 23 massacre. Irrespective of what we think or feel, everyone has human rights, even suspects and convicted criminals. Violators of the law have limited rights but have rights nonetheless. The only limitations are those set by law, such as restrictions to right of liberty on account of detention, De Lima said. Andal Jr. stands charged with 56 counts of murder before the Regional Trial Court (RTC) for the Nov. 23 massacre

Ampatuans belie witness claim

FOUR of the six Ampatuan family members the police held following the Nov. 23 killings in Maguindanao have formally denied any involvement to the incident and, in separate counteradavits, cited a lack of direct evidence linking them to any crime. Brothers Zaldy, Sajid Islam and Anwar, as well as cousin Akmad Ampatuan, all of whom hold public oce in Maguindanao, claimed they were not aware of the massacre, with one saying he was with President Arroyo when the killing took place. In a three-page adavit, subscribed before Assistant City Prosecutor Venchito Bangayan of General Santos, Zaldy, Autonomous Region in Muslim Mindanao (ARMM) governor, called the allega ons of a witness a sham. The witness, Kenny Dalagdag, is an alleged member of the Ampatuans supposed private army who claimed to be present during a mee ng a day before the killings at the Shari Aguak home of Andal Ampatuan Sr. The plan to kill the journalists and supporters of Buluan town vice mayor Esmael Toto

Ampatuan belie

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remaining 16 of the now 56 counts of murder against him. He also announced that other immediate Ampatuan family members, whom he also represents, will also not be submitting counter-af idavits in so far as murder is concerned. The justice department irst iled 25 counts of murder against Andal Jr. last Dec. 1. The cases were lodged before the Cotabato City Regional Trial Court, which has jurisdiction over where the massacre took place. Additional 15 counts of murder were iled by the Department of Justice (DOJ) last Dec. 9 after processing documents for 15 more victims. It was also iled with the Cotabato RTC and submitted before the cases were transferred to the Quezon City RTC in compliance with a Supreme Court order dated Dec. 8.

A counter-af idavit is a legal document whereby the respondent in a complaint answers the allegations leveled.

allegedly trying to go up in arms against the government following Andal Jr.s Nov. 27 arrest. The others indicted include Vice Governor Akmad Tato Ampatuan, Goldo Ampatuan, Abdulla Kaliangat Ampatuan, Kusain Akmad Sakilan, Jovel Vista Lopez, Rommy Gimba Mamay, Sammy Duyo Villanueva, Ibrahim Tukya Abdulkadir, Samil Manalao Mindo, Amaikugao Obab Dalgan, Billy Cabaya Gabriel Jr., Moneb Smair Ibrahim, Umpa Ugka Yarya, Manding Abdulkadir, Dekay Idra Ulama, Kapid Gabriel Cabay, Koka Bating Managilid, Sammy Ganda Macabuat, Duca Lendungan Amban, and Akmad Abdulijah Ulilisen. The Criminal Investigation and Detection Group of the Philippine National Police, on the other hand, have identi ied ive other supposed leaders in the alleged rebellion, an allegation later used to justify the imposition of martial law, as Rajah Buayan Mayor Yacob Ampatuan, Mamasapano Mayor Banarin Ampatuan, Datu Ulo Ampatuan, Datu Ipi Ampatuan and Datu Kanor Ampatuan. The agency also indicted members of the Philippine National Police, the Bureau of Jail Management and Penology and some Army regulars. They submitted counter-af idavits during a televised clari icatory conference last Dec. 28. The number of indicted individuals alone, if all cases reach the court, indicates a behemoth of a criminal proceeding in the making.

Process
The legal process starts with a complaint, executed in the form of an af idavit containing an allegation that a certain person or group of persons committed an illegal act before the DOJ. The DOJ then gives the accused, known as respondent, opportunity to refute the allegation, via a counter-af idavit. In the process of preliminary investigation, the assigned prosecutor studies the evidences and both the complaint-af idavit and the counteraf idavit to determine whether there is probable cause to believe that a crime was committed and that the accused is probably responsible. Ifarespondent declines to submit a counter-af idavit, the prosecutor is compelled to resolve the complaint based only on the evidence at hand. If probable cause is determined, the prosecutor prepares an information which is lodged before the court.

that not giving the trial court enough elbow room to separate the cha from the grain gives token justice at the expense of the credibility of the judiciary. Doubt has already been cast against the judiciary this early, following the refusal of Judge Luisito Cortez, presiding over the 84th branch of the RTC in Cotabato City, to accept the cases. It was his refusal which moved the Supreme Court to transfer the case to Quezon City, at the National Capital Region, where it got raf led to 49-year old Judge Jocelyn SolisReyes of branch 221. De Gracia, a Supreme Court judicial excellence award recipient and current coordinator of the Philippine Judicial Academy (Philja) for the Visayas and Mindanao, says the Rules of Court indeed provides the accused a vast array of suits, motions and petitions with which to delay the proceedings. He con irmed that Andal Jr. can indeed question the validity of the cases against him by iling a motion that asks the RTC to order a reinvestigation on the 56 counts of murder, alleging lack of probable cause. If denied, he can ile a motion for reconsideration and a petition for review that can reach all the way to the Of ice of the President. Only when probable cause is inally determined can the court even begin to hear the case. But while the process would delay the proceeding, de Gracia explains, it will also mean the prolonged detention of the Andal Jr., who is being held without bail. In the end, expediting the proceedings is what is best for both the people and the accused, he said.

Swift
What people want, noted retired Cebu Regional Trial Court judge Fortunato de Gracia, is that the Ampatuans are all sentenced to jail and that the sentencing is done swiftly. But the former executive judge, during whose term the accused in both the murders of journ alists Edgar Damalerio and Marlene Esperat were convicted in 2005 and 2006 respectively, also worries

RAID. PNP Special forces raid several houses of the Ampatuan clan in Shariff Aguak, searching for evidence that could be linked to the massacre of 57 civilians, including 32 journalists.

Behemoth

Last Dec. 21, days after Fortun manifested that they were not submitting a counter-af idavit, the justice department lodged 16 more counts of murder against Andal Jr., bringing the total to 56 cases already in court.

The totality of the complaints indicts 638 people and of whom only 25 are in custody so far. It includes one for murder against Andal Sr., as well as rebellion against him, three of his sons Zaldy, Sajid and Anwar and 20 other individuals, for

Maneuver
De Gracia instead anticipates that the Ampatuans will forgo what remedies are available to them at the preliminary investigation stage and proceed directly with trial. The Ampatuan legal camp has already signaled that they are taking this route when

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they, last Dec. 3, submitted a petition for bail before a trial court in Cotabato City. The pleading was attached to the docket raf led to Judge Solis-Reyes of Quezon City. By submitting a petition for bail, the defense will compel the judge to direct the prosecution to present its evidence and witnesses. The defense can then cross-examine the witnesses and present their own evidences. If granted, Ampatuan will be allowed to post bail while the trial on the murder cases continues. But while the mere existence of the of the petition will get people following the case worked up, de Gracia says getting the court to allow Ampatuans release on bail will actually be a secondary consideration for the defense, as granting the petition remains all up to the judges appreciation of the strength of the prosecutions evidence. What they would really want is to force the prosecution to reveal their case, de Gracia explained. Once that happens, they can prepare a solid defense, if they have not done so already, he added. He noted how the defense is playing its card close to the table and has not revealed anything that the prosecutors could exploit. He said the defense is also being consistent about it, referring to how they have not asked for a preliminary investigation against Andal Jr.s case as well as not submitting a counteraf idavit to the one against his father and the latters co-respondents. Submitting a counter-af idavit will reveal your defense, he explained. De Gracia said government prosecutors rarely dismiss complaints involving heinous crimes at the level of the preliminary investigation anyway. But opting to go directly to trial with a motion for bail is not without cost to the defense, particularly since once Ampatuan is arraigned, he seals later avenues to point out whatever defects may lie in the cases iled against him.

The Supreme Court, in previous decisions, including its Oct. 4, 2007 en banc ruling in Frias vs. People, declared that the right to question the suf iciency of (an) Information is not absolute and that an accused is deemed to have waived this right if he fails to object upon his arraignment or during trial. It actually cures the defects, de Gracia said. At any rate, he added, trial will take time and the public must trust the process.

considered the Ampatuan familys private army. They also questioned why the Ampatuans warranted martial law but the nearby-camped Moro Islamic Liberation Front (MILF) forces, whose organization has waged a secessionist war against the government for years, did not. Rep. Teodoro Locsin Jr., speaking during the joint session of the House of Representatives and the Senate which discussed the presidents imposition, said martial law provided more of a psychological tool than a legal one. Indeed, Lt. Gen. Raymundo Ferrer, who took over Maguindanao as the highest military commander on the ground following the imposition, announced during a press conference that the military would be conducting arrests and searches that would be warrantless while martial law remained in eect. But even as Justice Secretary Agnes Devanadera, speaking with Locsin during the joint session, seems to suggest that martial law allowed warrantless arrests, searches and seizures, these have all been stripped away under the present Constitution.

There is no such creature as a warrantless search in a ny feature of martial law, said criminal lawyer Atty. Jade Ponce of the Cebu City-based Aumentado Duallo and Ponce Law Of ice. If indeed the items were recovered pursuant to a warrantless search, the rules of court wont let it become admissible as evidence, he added. The (framers of the) 1987 Constitution created a soft martial law as a reaction to decades of oppressive martial rule under Marcos, agrees Atty. Gloria Estanzo-Ramos, a professor of political law at the University of Cebu. Paragraph 4 of Section 18, which gives the President power to declare martial law, also de ines what can and cannot happen under such regime. A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, the Constitutional provision says. The Supreme Court, in a litany of decisions,

Tradeoff
And shortcuts, like the warrantless searches and seizures that followed the presidents imposition of martial law from Dec. 5 to 11, actually pose a disservice not only to the prosecution but to justice in general, says Cebu lady lawyer Ligaya Barcenas. Already, says the daughter of a former Marcos political detainee, due process violations done in the false understanding of the presidents martial law endanger those cases that will be iled against the 638 individuals the police have named, as warrantless arrests remain illegal and evidence obtained in illegal searches remain inadmissible in court, martial law notwithstanding. Whatever President Arroyos real intent was when she imposed martial law, the public will never fully know. In her speeches, she declared that it was to quell an impending rebellion which Ampatuan supporters were gearing up for following Andal Jr.s arrest. However, journalists who trooped to Maguindanao following the Nov. 23 massacre, and who stayed in the area for weeks thereafter, never reported seeing any evidence of such impending rebellion. Answers would have been forthcoming during the session the Senate and Congress jointly held after the imposition, but the President lifted it before the record got straightened. Some question the timing of the imposition, saying it came after media reported the police and the militarys discovery of government-procured irearms and ammunitions supplied to civilian volunteer organizations and Citizens Armed Forces Geographical Units (CAFGUs), which turned out to be the same people the government

ARMORY. Hundreds of rounds of ammunition for machineguns, mortars and ries are displayed after having been seized by government troops in different parts around Shariff Aguak town.

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itself and deemed a mere aggravating circumstance to the main oense. But Justice Secretary Agnes Devanadera has assured that government will be prosecuting two cases against the Ampatuans murder and rebellion. The cry for justice increases day by day, Devanadera acknowledged to reporters a month after the massacre. Journalists should not allow other bigger stories to bury developments on the massacre, she added.
EVIDENCES. Department of Justice personnel carry boxes of death certicates and other documents during the ling of the case against Andal Ampatuan Jr. by government prosecutors in Cotabato City.

Ampatuans belie... from P5

Mangudadatu, according to Dalagdag, was supposedly hatched during that mee ng, which was likewise allegedly a ended by the brothers, Akmad and several others. Zaldy, in his adavit, said he was nowhere near Shari Aguak on Nov. 22, saying he was at his Juna Subdivision home in Davao City, a ending to a visitor, one Ulama Acad. He stressed that it was impossible for him to have been in that mee ng, Davao City being 300 kilometers or so away from Shari Aguak, a ve-hour trip by land. Prior to this, Zaldy said, he was in Manila. He claimed to have le for Davao on Nov. 20 to a end his youngest sons birthday. Plainly, the present complaint against me is u erly insucient to indict me for a plot to murder innocent civilians. Again, it is premised on a single general allega on that I supposedly a ended a purported mee ng at Shari Aguak on Nov. 22, 2009, he said. Aside from the fact that this is not true, complainant did not even specify any act allegedly commi ed by me that would indicate my complicity thereon and jus fy my indictment for a serious criminal charge, Zaldy added. It was the ARMM governor who claimed to have been with President Arroyo in Malacaang on the day of the killings.

has dismissed criminal cases with inality because the evidences used by the prosecution were all illegally obtained and inadmissible. Pieces of evidence which were not legally obtained cannot be admitted as evidence in court. At the very core of the Bill of Rights is the right of the people to be secure in their persons, houses, papers. The eects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, says Ponce. Moreover, those arrested for murder done in furtherance to the supposed rebellion are eligible for bail. When murder, as charged against the Ampatuans, is complexed with rebellion, the crime becomes bailable because rebellion is bailable, Barcenas explained. A state prosecutor, Graeme Elmido, agreed. But, he said, they (defense) have to prove that the killings were in furtherance of rebellion. In rebellion, murder, despite being a heinous oense that carries an even higher penalty and is non-bailable, is merely considered incidental to the act of rebellion

He said they had a mee ng with Reps. Yusop Jikiri, Munir Arbison, and other poli cal leaders of the province of Sulu, and discussing the peace and order situa on. He said he only learned of the killings a er the mee ng. I am thus surprised that I am one of those being linked to said incident when I was not even in Mindanao when the same occurred, he said. On the other hand, Sajid, then ac ng governor of ARMM, said he was at the Comelec oce in Shari Saydona Mustapha with his wife, Bai Zandria Ampatuan, on the day of the incident. Bai Zandria was there ling her cer cate of candidacy. He also claimed to be not present in the supposed mee ng of Nov. 22, saying as he was out supervising the cleaning and repairs of the municipal oce of Shari Saydona Mustapha. Similarly, Anwar, elected mayor of Shari Aguak town, claimed to be somewhere else - the Shari Aguak municipal hall having a mee ng with the Municipal Council members and barangay ocials on a proposed Local Water U li es Administra on project - when the massacre took place.
ARRESTED. Datu Unsay Mayor Andal Ampatuan Jr., primary suspect in the mass murder of journalists and unarmed civilians that shocked the world, is escorted by a military ofcer and Gov. Zaldy Ampatuan of the Autonomous Region in Muslim Mindanao, his brother, as Andal voluntarily surrendered to Presidential Adviser Jesus Dureza at the Maguindanao Provincial Capitol in Shariff Aguak. Ampatuan denied the charge but he was brought to General Santos City for inquest.

Anwar stated that their mee ng started at around 9 a.m. and ended at noon. He said he and municipal engineer Halili Lucas, together with contractors and some laborers, inspected the site or the proposed project therea er. In his adavit, Akmad said he was at his residence in Mamasapano, Maguindanao on Nov. 22 preparing for a scheduled medical mission to be conducted by several doctors from Manila. He is the town vice mayor. The medical mission was scheduled the next day, Nov. 23, and was held at the municipal gymnasium from 7 a.m. to 5 p.m. where, he stressed, he was also present. KNR

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Counting deaths and toll on the living

Revisiting the Massacre Arithmetic

In his column in the news site MindaNews, Diaz said the 65 individuals were all identi ied by names in the various sources that he cites. Diaz notes that the victims were in eight vehicles: ive comprised the Mangudadatu convoy (the UNTV van and four Toyota Grandia vans); a red Toyota Vios, a Tamaraw FX, and a Pajero which all happened to be trailing the convoy. In coming up with his own count, Diaz compared the various lists available, and then totaled the number of individuals so named. Diazs count is as follows: a) Mangudadatu relatives12 b) Lawyers3 c) Journalists/media workers34 d) Government employees5 e) Drivers of vehicles6 f) Civilians5

The Philippine news media community is still staggering from the Ampatuan massacre that claimed 32 of its members from the cities of Davao, Cotabato, Tacurong, Koronadal, and General Santos.
Photo by NONOY ESPINA

In all, there were 65 people listed as victims, yet only 57 bodies were recovered. The igures for some categories may change as the identities of some victims are known. However, this count provides a general overview of the approximate extent of human lives lost in the massacre. Taking into account that Araneta drove the Pajero, which he owns and was part of the convoy, and that one of the four UNTV personnel drove their van, that would only make four the number of drivers listed as dead. It took a month before police authorities realize the need to dig for more bodies in the massacre site; announcing the possible launch of the eort last Dec. 21. The National Union of Journalists of the Philippines had so far documented 32 journalists killed in the massacre, based on the identities of bodies recovered from the site. Koronadal City 1. 2. 3. 4. Cachuela, Hannibal, Punto News, Koronadal City Razon, Fernando Rani, Periodico Ini, Koronadal City Araneta, Henry, Radio DZRH, Koronadal City Legarte, Bienvenido, Jr., Prontiera News, Koronadal City 5. Maravilla, Ernesto Bart, Bombo Radyo, Koronadal City 6. Merisco, Rey, Periodico Ini, Koronadal City 7. Parcon, Joel, Prontiera News, Koronadal City 8. Betia, Arturo, Periodico Ini, Koronadal City 9. Caniban, John, Periodico Ini, Koronadal City 10. Decina, Noel, Periodico Ini, Koronadal City General Santos City 1. 2. Arriola, McDelbert Mac-Mac, UNTV, General Santos City Cablitas, Maritess, News Focus, General Santos City

by Ryan D. Rosauro
MORE than a month after the massacre in Ampatuan, Maguindanao, both the news media and authorities have not yet categorically declare the exact number of people who died in the incident. The oft-repeated casualty count is 57 which is actually the number of bodies recovered from the massacre site. But a lingering challenge to this count is the claim of the family of Tacurong City-based journalist Reynaldo Momay that he continues to be missing up to now. Momay was part of the convoy en route to Shari Aguak town on Nov. 23 for the iling of a certi icate of candidacy for governor of Buluan vice-mayor Esmael Mangudadatu. Momays denture was recovered from the massacre site, deepening the suspicion of colleagues he was among those killed. At one time, his family was among ive families with con licting claims over only four bodies in a funeral parlor in Koronadal city. There is no other proof that more bodies have not yet been recovered than this case. This also begs the question, How many really died in the massacre? Using a collation of media reports and the report of the President to Congress (in relation to her declaration of martial law), veteran journalist Patricio Diaz, who is based in General Santos city, counted the total massacre casualties as 65, including Momay.

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3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14.

Dalmacio, Lea, Socsargen News, General Santos City Dela Cruz, Gina, Saksi News, General Santos City Dohillo, Eugene, UNTV, General Santos City Montao, Marife Neneng, Saksi News, General Santos City Morales, Rosell, News Focus, General Santos City Nuez, Victor, UNTV, General Santos City Reblando, Alejandro Bong, Manila Bulletin, General Santos City Subang, Ian, Socsargen Today, General Santos City Evardo, Jolito, UNTV General Santos City Adolfo, Benjie, Gold Star Daily, General Santos City Bataluna, Robillo, Gold Star Daily, General Santos City Perante, Ronnie, Gold Star Daily correspondent, General Santos City

Davao City 1. Gatchalian, Santos, DXGO, Davao City 2. Lupogan, Lindo, Mindanao Daily Gazette, Davao City Cotabato City 1. 1. Salaysay, Napoleon, Mindanao Gazette, Cotabato City Reynaldo Bebot Momay, Midland Review, Tacurong City Still unaccounted for:

15. Cadagdagon, Jepon, Saksi News sta photographer, General Santos City Tacurong City 1. Cabillo, Romeo Jimmy, Midland Review, Tacurong City 2. Duhay, Jhoy, Gold Star Daily, Tacurong City 3. Teodoro, Andres Andy, Central Mindanao Inquirer, Tacurong City

Diaz wrote: Is it right to name 65 as having been massacred but to consistently report 57 as the number of victims? Were eight names among the 65 wrongly entered? If so, identify them. It is not right to report them as dead if they are alive. If they were truly among the victims, it is not right to exclude them by reporting only 57. In fact, it is also unjust and uncharitable. Diaz said it is the obligation of the news media to correct the discrepancies in the casualty count if they are true to their pledge to uphold truth, justice and rights He suggested that reporters should see the families of the named and identi ied victims from their cities. The main and real purpose is not to prove correct or incorrect the 65 or the 57 but to come out with a true list the number notwithstanding of victims correctly named and identi ied in the name of truth, justice and rights, Diaz stressed. The 65 or 57 are people, not animals or stones, Diaz quipped.

Pervading anxiety
One month after the massacre, the brutality still refuses to escape the consciousness of many people. For Grace Carasco, niece of Tacurong City-based journalist Reynaldo Momay, and for the rest of his family, the incident is made continually fresh as they anxiously await each day any news about where to ind their kins body. We tried to live as if nothing happened. We tried to believe we can still see his body, said Carasco. Until today, only the denture of Momay was recovered from the site of the massacre in hinterland sitio Masalay of barangay Salman. So far, only the bodies of 31 victims recovered from the site were identi ied as journalists and media workers, and this does not include Momay. (The media workers account for 54 percent of total casualties so far counted.) The sheer enormity of the case and its attendant socio-political implications is raising widespread anxiety on the commitment and capacity of government the carry out a full and independent eort to bring the perpetrators to the bar of justice.
Photo by Rommel Rebollido

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For one, the principal suspects are members of the Ampatuan family who has been a principal ally of the Arroyo administration in the province, both in combating the Moro insurgents and in delivering game-changing hordes of votes during the 2004 presidential and 2007 midterm elections. Second, there is the over-arching concern of the security of witnesses to the crime. The sheer thought of going against the Ampatuans is mindboggling for ordinary citizens who have seen them carve, with impunity, a notorious image of violence. The onrush of public outcry over the incident has somehow softened partisan ties and moved political authorities to action although much of the legal strategies continue to be suspect until now. Legal battle of historic scale In a statement last Dec. 23, the National Union of Journalists of the Philippines (NUJP) said that justice is still a far cry for victims of the massacre. Underlining this situation, members of the International Solidarity Mission led by the International Federation of Journalists (IFJ) has called on the global community to continually pressure

government to take the right actions. A mission report noted that the prosecution of the perpetrators of the mass murder will be one of the largest legal cases ever mounted in the Philippines history To ensure an open and transparent investigation and trial, sustained and determined pressure from international human rights groups will be vital, the mission report further said. Governments declaration of martial law over Maguindanao province supposedly to hasten buildup of the case against massacre suspects has raised concern it is giving legal loophole for its erstwhile allies to escape responsibility. Many of the arrests claimed by government to be suspects in the massacre happened under this regime. But various legal circles question the validity of these, hence, make only in irm their prosecution. Even under martial law, the basic charter requires a warrant for the arrest of a person, or the search on premises. Hence, how government argue its case will be a most soughtafter development in the coming

The non-government group Center for International Law has noted the wiping out of the entire editorial sta of Koronadal city-based local weekly Periodico Ini which is published in Hiligaynon and circulated in South Cotabato and Sultan Kudarat provinces. Five of Periodico Inis six sta were killed in the massacre. The General Santos city-based Saksi Mindanaoan News also lost three of REMAINS. Coroners collect the bodies of the 57 its six sta. But because it lost its main people. NONOY ESPINA editorial people, it appears to have ceased operation until Issue No. 012 days. covering Nov. 23-29, 2009. Apart from creating huge legal Of the 32 journalists and media workers demands, the massacre dealt a cruel blow to democracy and free media in the (including Momay), 22 have children, in all Philippines, according to the IFJ mission, numbering some 75. Many of the victims noting that it came at the onset of the were sole breadwinners. 2010 electoral exercise. When murder raps were iled against

Enormous personal losses

Our Philippine colleagues have suered not only a brutal and ruthless assault on their profession and livelihood, but also incomparable personal losses, said Australian journalist Mike Dobbie who headed the mission. The incident had redrawn the lives of those the victims left behind. Take the case of UNTV cameraman McDelbert Arriola who was supposed to get married on Dec. 6 but was rolled down the aisle in a cof in on that very same day. In a months time, the wife of print journalist Ronnie Perante will deliver a baby as a widow.

eight more Ampatuan family members, authorities have said it is their Christmas gift to the victims families. But as to when justice is inally served, the journalists can only wish it will not take the next Christmas.

Groups respond to massacre aftermath

by Ryan D. Rosauro

Various groups of journalists have come forward to assist beleaguered colleagues in Mindanao to respond to a host of concerns in the wake of the Nov. 23 massacre in Masalay, Salman, Ampatuan, Maguindanao that killed at least 30 journalists and media workers. Last December, the Na onal Union of Journalists of the Philippines (NUJP) has announced it is se ng up a fund that will bankroll eorts to seek jus ce to the vic ms. This developed as newsmen look back into the pains and gains in 2009, the year which saw journalists in the Philippines closed ranks and deantly stood up for the freedom of the press and democracy. Groups Respond 24

FORENSICS. Police investigators gather evidences at the dig site in Maguindanao province. NONOY ESPINA

Pen vs Sword
Photo story by Rommel G. Rebollido

What I irst saw were the ingernails. I polished it the night before she left, Malabanan narrated how she discovered the remains of her mother Gina, one of the 57 killed, 31 of whom journalists, when she went up to sitio Masalay, barangay

Salman in Ampatuan town. As if trying to con irm further, the teener said she checked on the remains footwear and found the sandal her mother bought for her that Sunday before Gina left for Buluan, Maguindanao.

HAT she saw made her numb and sent her kneeling to the ground. Gergin Malabanan, 15, was among several family members of the Nov 23 massacre in Ampatuan, Maguindanao, who went to the crime scene on Nov. 24 in search of the remains of their loved ones.

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Malabanan, who was left to care for her four siblings and a grandma, shares almost similar experience as the other victims family members, many of whom do not have the wealth and the means to put on a long hard battle for justice. The wife of Macmac Arriola could only sob in desperation while clutching their three weeks old baby. The couple were barely starting out with their family when the tragedy took Macmacs life, leaving the young wife with almost nothing but an infant and memories of a happy past. We can only hope for justice, she said in the vernacular, adding that media will be as vigilant in seeking justice.

It was in Buluan where Gina and other journalists were to join a convoy that would take female representatives of Toto Mangudadatu to Sharif Aguak to ile his certi icate of candidacy for Maguindanao governor. Speaking in the vernacular, Gergin said as she was about to pass out, she could only feel the cool wind on her face amid the noise of an equipment nearby digging for more remains who were buried along with their vehicles.

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James, son of the late Alejandro Bong Reblando of Manila Bulletin, said their family will pursue a campaign that will seek justice for what was done to his father. They did not only kill my father, they also mocked at democracy, he quipped. Two of Reblandos daughters are contemplating on following his footsteps and also become journalists.

For the teener Malabanan, she said it would take a long time if she has to inish her studies and help raise her four siblings. It might just be a good idea for her to join the police academy after inishing high school, she added. Caring for my siblings may just take out the pain in licted by the loss of my mother. Time will heal that wound in my heart and justice may just be around then, she quipped.

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Groups Respond ... from P17 According to Philippine Daily Inquirer reporter Nestor Burgos, who is NUJP chair, the fund will primarily support legal ac ons to advance the cause of jus ce for the journalist-vic ms, help address the needs of their families, and advocate the improvement of the environment of media prac ce especially in Mindanao. The NUJP noted that the Maguindanao massacre has le the Philippine media community staggering, not just from the toll but also the task of helping rebuild the lives of those le behind, as well as of our colleagues who lost friends and co-workers, and have had to cover and live through the story as well. Another vital accountable all those accountable, not just the the carnage, but those the circumstances that group further said. The NUJP admits will require substan al need to reach out to the public for help. Burgos said that Fund, individuals and help can send their The ac vi es that will be posted on the nujp.org, and will be external auditor, the also be published and he added. But Burgos stressed more than just raising It seeks to build target beneciaries of media, between media explained.
LOSING HOPE. With their emotions painted on their faces and shirts, families of fallen journalists express their indignation not only on the fate of their slain loved ones, but, also on the manner justice is sought in the country. ROMMEL REBOLLIDO

between media and the public, and to deepen public understanding of factors that led to the massacre. The Jus ce Fund seeks to build awareness not just on what happened in Ampatuan, Maguindanao on Nov. 23, 2009, but on the system that breeds corrup on, warlordism and poli cal patronage which paved the way to the carnage, Burgos explained. Among others, a monthly commemora on

On Dec. 8, Camarines Norte broadcaster Efren Espaol was a acked inside the announcers booth by the former police chief of the province, who was armed with a .45-caliber pistol. Uniden ed persons also red a gun in front of the house of Bacolod city journalist Edgar Cadagat, former NUJP chair and current president of the Negros Press Club. On Dec. 24, radio commentator Ismael Pasigma of Labason, Zamboanga del Norte was gunned down 6:30am while on his way to work. Driven by the need to heighten coverage risk awareness and consciousness among news organiza ons and journalists, the Interna onal News Safety Ins tute (INSI) has scheduled news safety trainings for Mindanao media prac oners at the start of 2010. Trauma and stress debrieng sessions were also scheduled to be held December towards January 2010 for families of the slain journalists and media workers.

task is working to hold who should be held persons who carried out responsible for crea ng made it possible, the that to achieve all these resources, thus, the colleagues, friends and through the Jus ce groups who wish to dona ons. the Fund will support NUJP website, www. regularly audited by an results of which will reported to the donors, that the Jus ce Fund is money. solidarity between the the program and the and the public, he

Members of the International Federation of Journalists and the National Union of Journalists of the Philippines pay respects to the 12 slain journalists in General Santos City. RICHEL UMEL

of the massacre will be done to con nually highlight the issues related to the incident which is the worst case of poli cal violence in the countrys history. The Maguindanao massacre is the worst ever a ack on the media throughout the world, placing the country on top as the most dangerous place to prac ce journalism. Yet, the NUJP points out that a acks on the press are not likely to end despite the outrage s rred by the Ampatuan massacre and many Filipino journalists con nue to embark on dangerous coverage with prac cally no tools to help them cope with the challenges as well as stress in doing the job.

The NUJP has considered 2009 as a year of unprecedented tribula on for the Philippine press because of the massacre. The carnage in Ampatuan capped years of con nued impunity for killers of Filipino journalists, an NUJP year-ender reads. Before the massacre, 104 Filipino journalists had been slain since 1986, 67 of them under the administra on of President Gloria Macapagal-Arroyo, based on the NUJPs count.

As conceived, the Fund will nancially support the undertaking of a trauma and counseling program for the families of killed journalists and members of their local media community. In li ga on, the Fund seeks to support the legal ac ons against the suspects by assis ng the private and public prosecutors, and providing sanctuary for witnesses and even li gants who may come under threat from the accused. The Fund will also support a series of training on risk awareness and safety, especially in covering and repor ng events from culturally and poli cally sensi ve places. Apart from the Nov. 23 massacre, NUJP also seeks to document other incidents of harassment and a acks on the press in Mindanao, and launch a campaign to build solidarity

Of these, only around ve cases have resulted in the convic on of the killers but no masterminds in any of the murder s have been arrested so far. (With reports from Richel Umel)

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The two clan elders, who are related to each other by af inity, have always been triumphant in elections, leading their children to follow in their political footsteps. Unson said the Mangudadatus are 17th generation descendants of Shari Mohammad Kabunsuan, the irst foreign Islamic missionary to have set foot in mainland Mindanao, through the Bucana District or the delta of Rio Grande de Mindanao, a part of Cotabato City.

Clans in Clash
When the time came that their respective parallel pursuits for power met in a political intersection, the once warm relations between the Ampatuan and Mangudadatu clans began to sour. This is thought to be the root of the Nov. 23 carnage that claimed at least 57 lives in the countrys worst case of political violence.
"One loyal friend is worth ten thousand relatives." -- Euripides (408 B.C.) VIOLENT confrontations over control of communities dates back to history in a place which was carved from the northwest portion of then empire Cotabato province and to assume the name Maguindanao (swampy). Powerful families from what was then known as ilod (downstream) and Raya (upper delta) communities of Maguindanao, fought battles in their bid to widen and protect their sphere of in luence. The Ilod and Raya generally delineate the irst and second congressional districts of the province.
FOR THE POSE. A reproduced photo of the Mangudadatus and the Ampatuans was found inside a drawer in the ofce of Andal Sr. at the capitol. FROILAN GALLARDO

Kabunsuan was of Arab-Malay ancestry from Johore, now an island state in Malaysia. The Ampatuans, on the other hand, are descendants of another Islamic missionary Shari Saidona Mustapha, who reportedly came from a community in the old Arabian desert, now known as South Yemen.

In one article he wrote, Unson said the present members of the two clans have a common prominent relative in the person of Maguindanao First District Representative Didagen Dilangalen, whose matriarch belongs to the Piang family in Datu Piang, Maguindanao. Both the Mangudadatus and the Ampatuans are related to the Piangs by blood, he said. Shari Ampatuan and Rajah Muda Datu Ali, a great grand uncle of now Sultan Kudarat Rep. Pax Mangudadatu and his cousin, Datu Pua, father of Vice Mayor Mangudadatu, were even said to have formed a strong socioeconomic and political alliance in the 18th century. The alliance was said to be among strategies aimed at consolidating their forces who were then ighting the Spaniards and, subsequently, the Americans in the upper delta of Maguindanao. Several Moro history books describe the alliance as the most gallant and celebrated resistance against the Spaniards, where forces of both sides were said to have killed more than 300 Spaniards in one attack after another. Members and followers of the Mangudadatu and Ampatuan clans again saw action during the Second World War, when they resisted the Japanese occupation using only traditional weapons.

Starting them young?

By Ben Jason O. Tesiorna
The culture of gun blamed for the many instances of deaths and violence in Mindanao is evident in how the young members of the two inuen al Ampatuan and Mangudadatu clans present themselves in cyberspace. A check with the Friendster accounts of some scions of the two clans show pictures of young boys along with other family members and friends proudly carrying very highpowered rearms. The photos posted on Friendster show the young men carrying assorted Starting them young

On account of Cotabato Citybased journalist John Unson, the Ampatuans and the Mangudadatus come from prominent clans in the Raya communities of the province. These two families particularly rose to prominence in 1986, when then Pres. Corazon Aquinos revolutionary government appointed personalities to serve in local elective posts. Datu Andal Ampatuan Sr. and Datu Pua Mangudadatu -- known patriarchs of the two clans, were appointed mayors of their respective towns Maganoy (now Sharif Aguak) and Buluan, both in Maguindanao.

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Two equally big Maguindanao families related to the Mangudadatus, the Mangelens and Pendatuns, and members of the Piang family, among them Datu Gumbay Piang, an ancestor of Rep. Dilangalen, and the Ampatuans joined forces and fought the Japanese invaders. Among the most decorated World War II veteran from among the allied clans was the late Gen. Salipada K. Pendatun, who rose to become a senator. Pendatun was one of the founders of the renowned Bolo Battalion, that was armed only with spears, and traditional Kris and Badung, in defeating more than a thousand Japanese soldiers. Vice Mayor Mangudadatu of Buluan town and his siblings became adopted children of Datu Andal, Sr. after their father, Datu Pua, died of a lingering illness some ive years ago. It was said that before Datu Pua died, he had left his politician children under the care and guidance of the elder Ampatuan, the two old men having been very close friends. In 2001, the Mangudadatus joined the band of local leaders supporting the candidacy of Ampatuan Sr. for governor of Maguindanao, against then incumbent Governor Datu Zacaria Candao. A rift between the two families started with rumors that Esmael was running for governor in the May 2010 elections, which was seen as in response to a move by Ampatuan creating a town along the bailiwick of the Mangudadatus. Ties were severed when the Mangudadatus purportedly blocked the creation of the Adam municipality

to be culled from portions of the towns that they control in the south eastern tip of the province. Allegedly, the proposed town did not meet the population required by law. Adam is reportedly the name of the deceased father of Supt. Piang Adam, who had retired as police provincial director of Maguindanao early this year.

A subsequent police operation had some of the Mangudadatu followers disarmed, triggering further falling out of the two families with one challenging the others mandate to rule Maguindanao.

Where that challenge will take the two families may just be another anecdote in Philippine politics. What is certain so far, it led to the gruesome killing of 57 people, 32 of whom were journalists.

Starting them young... from P27 rearms, ranging from pistols to automa c ries. Friends of either of the Ampatuan or Mangudadatu scions admi ed seeing them carry guns with them whenever they go to bars and discos in Davao City. In 2002, a young Ampatuan was accused of shoo ng and killing Carlo Asis do during an alterca on in The Venue, a bar in Davao It was said that before Datu Pua city. Mohammad Banarin died, he had left his politician was however absolved of children under the care and responsibility for the crime guidance of the elder Ampatuan, a er the vic ms parents the two old men having been desisted from further very close friends. pursuing a legal tussle with the poli cally powerful family. The persistence of a culture of gun largely underpins the seeming social tolerance on the growth of private armies. According to the Armed Forces of the Philippines, there are about 73 private armies, including that of the Ampatuans and the Mangudadatus, throughout the country.

Inside the governors ofce.

Forty-two of these so-called par san armed groups (PAGs) are said to be found in Maguindanao with nine of these under the control of the Ampatuans, accoun ng for some 2,410 armed men. The AFP further revealed that the Mangudadatus maintain one PAG with about 250 armed followers.

The police of icial, who is also related to the Mangudadatus being a Piang, is said to be loyal to the elder Ampatuan and also known as tutor to Ampatuan Jr. As Adam and his relatives began establishing residency in Pandag town in the political territory of the Mangudadatus, he reported to Ampatuan an attack by armed men in late July, this year, where in a close kin of the retired police of icer was killed.

Most of the PAGs are said to have a legal face either as Ci zen Armed Forces Geographical Units (CAFGUs), Civilian Volunteers Organiza on (CVOs), or Special Civilian Armed Auxiliary (SCAAs). Though these PAGs are controlled by the poli cians, the military report said government is responsible for providing them allowance and supplying arms and ammuni ons on account of their par cipa on in the counter-insurgency eort in the locali es. But Defense Secretary Norberto Gonzales said that there are already about 132 PAGs all over the country with control of more than one million highpowered rearms most of which are said to be illegal.

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Editorial

Uncovering the coverage landscape

APART from doing their usual business of covering events and reporting about these, journalists in the Philippines oftentimes igure as subjects of the news. This is mirrored in the numerous cases of harassments and the string of killings of news media practitioners which are largely unresolved up to this day. According to the National Union of Journalists of the Philippines (NUJP), some 104 journalists and media workers, mostly in the provinces, have been killed from February 1986 up to November 2009, just before the Nov. 23 Ampatuan massacre that added 32 more deaths to the list. The igures re lect an average of four or ive deaths in a year. This is the worst form of mockery of Philippine democracy. Although having the distinction of being Asias freest, the Philippine press is literally under the gun. Blame this on a prevailing culture of impunity throughout the country, underpinned by governments failure in so many respects to implement the law without favor on whoever has power and in luence. The death of hundreds of political dissenters since 2001, with almost no one held responsible, has fueled an atmosphere of impunity to those wielding power. And the longer they felt unperturbed by this scandalous state of aairs, the deeper the culture of impunity develops and seemingly left unquestioned. Set against such inhospitable social environment, community journalists carry out their work in the furtherance of the peoples right to know. Provincial media practitioners take on their daily grind choosing whether to abide by the limits of public scrutiny acceptable to the powers-that-be, or tread an independent perspective and potentially earn their backlash. The backlash could amount from verbal abuse to death, depending on the harm in licted by the journalist and the number of times the unwritten code has been violated. The powers-that-be also use inancial rewards both to entice community journalists to parrot their lines and to cement cozy relations among those who already are. This is soft coercion, their most preferred form, the strength of which is founded on real

examples of the will of those in power virtually serving as the law. Amid the generally poor economic return of community journalism, media pay-os provide the necessary business lifeline for many news organizations. The enterprising ones even leverage a demand for greater scrutiny of of icial actions, not necessarily for expanding public knowledge of these, but to exact more juicy concessions from the powers-that-be. In this context, business is generated by creatively playing around the tension between public scrutiny and of icial secrecy. Tension builds up when there are challengers to the current holders of power like in a political contest when aspirants to elective posts compete for public appeal. The greater the tension, the more business can be squeezed from the situation that this even encourage the proliferation of ly-by-night media out its.

As with other major violent incidents in history, the massacre can be a watershed for very important lessons in media practice, especially in localities marred by varying con licts and enmeshed in an intense culture of impunity.
The persistence of these ethically questionable deals show how soft coercion methods, by pandering to the economic survival demands of journalists, reduced to nominal signi icance the professional standards of journalism practice. All these are helping deepen the sense of impunity of those holding power. But despite this repressive and corruptive atmosphere, community journalists are largely committed to standing up for freedom and morality hence, pushing the boundary of the social territory for independent news media. By doing so, their daily work grind represents the frontline in the struggle for civil liberties and for cultivating peoples faith in democratic ideals.

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We think that this context is vital for us to understand the shape up of the social circumstance leading to the death of 32 journalists in the Nov. 23 carnage. In fact, the above-described scheme of things is very true in most areas of the country, including Maguindanao. Except that a major power wielder in that province, the Ampatuans, enjoys a dierent level of impunity owing to how their powerbase was built--helping maneuver the electoral victory of the countrys most unpopular chief executive. In addition, the Ampatuans also serve as major fulcrum for leveraging local support in combating the widespread in luence and armed presence of Moro rebels in Maguindanaos communities. As with other major violent incidents in history, the massacre can be a watershed for very important lessons in media practice, especially in localities marred by varying con licts and enmeshed in an intense culture of impunity. To achieve this, the media community must seek answers, at the appropriate time, to uneasy questions that arise from the incident. We knew that the more than 30 journalists and media workers were part of the Shari Aguak-bound Mangudadatu convoy to cover a historic iling of certi icate of candidacy of Buluan town vice-mayor Esmael Mangudadatu for Maguindanao governor. His wife Genalyn and a host of women relatives were doing that for him supposedly to avoid violent reprisal from the Ampatuan clan who dreaded the thought of anyone challenging their hold on provincial government power and so were bent to prevent that from happening. But beyond simply doing coverage, the group of journalists was tasked to accompany the convoy to serve as deterrent to any attack planned against the Mangudadatus, primarily on Esmael. This was after both the military and police had refused to provide the Mangudadatus with security escorts. Were the journalists aware of the risks attendant to such an undertaking? What were the considerations of the journalists in deciding to take part in, or even lead, the convoy? Was news safety among these? Their death in the massacre clearly shows the situation was perilous. What could have been the appropriate response to the request to accompany a political convoy? How could have coverage been made safe?

Having Esmael successfully register his candidacy for Maguindanao governor was surely a matter of great importance for the electoral process in particular, and for democratic institutions in general, which includes the news media. But should journalists agonize over this? Still staggering from the toll and grappling to make sense of the incident, the Philippine media faced yet another challenging situation as an aftermath of the massacremartial law in Maguindanao. There was immediate resonance of Sept. 21, 1972 when the entire country was placed under martial law by President Ferdinand Marcos which marked the beginning of his strongman rule until deposed on February 1986. Images of the fall of democratic institutions, including the press, reverberated back into current social memory. While almost the entire media community raised a howl on this action by President Arroyo, its reportage of the martial law regime in Maguindanao ironically helped justify the controversial declaration. The media community, as the primary victim, had all wanted to see the Ampatuans succumb to the strength of the law and made to answer for allegations for perpetrating the massacre. We therefore feasted on what we thought were images of the beginning of the end of the Ampatuans. Field reports of the raids that followed the martial law declaration came with little reference to the validity of the operation. Martial law was supposedly declared to help build the case against perpetrators of the massacre. Reports of the seized guns, ammunition and munitions, aside from a relative few, made little inquiry on how the items fell under ownership of the Ampatuans. Even until today, there is still a hangover of the grisly incident among journalists throughout the country. This is best shown in the incident whereby a photojournalist banged a camera into the head of Andal Ampatuan Jr., primary massacre suspect. Admittedly, the hangover cannot be easily foregone. But because the medias role is to give the public all the relevant and signi icant information it needs to make an informed choice, position or discourse in matters that aect their daily lives, then all the lessons that need to be learned from the Nov. 23 massacre must be uncovered.

The Peace and Conf lict Journalism Network

December 2009

An Open Letter to Non-journalists

by Antonia Koop

THIRTY-TWO Journalists died in an ambush on Nov. 23,2009 in Maguindanao, Central Mindanao, Philippines, along with 27 other people who joined the family of a local politician for the filing of candidacy for the upcoming 2010 elections. The International Federation of Journalists (IFJ) qualified the incident as the worst attack on journalists recorded so far in journalism history. The event has come to be known as the Ampatuan or Maguindanao Massacre. The brutal and brazen attack once more raises the most crucial questions we as journalists have to face: Is there any story worth dying for? And for what do we journalists risk our lives? Being a good journalist has never been easy. In many countries the job is poorly paid, journalists are harassed or threatened. And in too many places reporters get killed, such as in the Philippines. Journalists often work in areas known to be dangerous. We ask questions that put us into trouble, that leave us hated and disliked by those who attempt to hide their actions and intentions from public. Many people look at us as if we were leeches who crave for the blood of others to feed their newspapers sales. We are seen as tool, easy to abuse for polishing an image, for gaining fame, for outing an opponent by spreading scandals. Even our own business driven companies often treat us journalists as cheap producers of reality entertainment for bored and disinterested masses waiting to be fed with delusion and potato chips on their living room sofa. And then once in a while we become essential as instrument to be used to gain political power in the campaign for an upcoming election. What a dirty business. What a poor job. So, why do we risk so much, risk our lives our families, our personal well being to do that?

Many believe journalists are natural adrenaline junkies, adventurous, restless folks who crave for experiences beyond the limit. And to a certain extend those people are right. But one can satisfy those needs by other less dangerous means, such as bungee jumping or sky diving. So there must be more to the journalism profession than adventurism. The good ones among us deeply believe that journalism is a damn important profession. In this interconnected interdependent world we live in, information is power and those who control information control the world. In this world journalism is the only institution that has the single task to provide the public with independent, reliable information. Our task as journalists is to allow everybody access to vital information, because only if each member of society truly knows what is happening out there, people have a chance to make good choices for their own lives. We believe that journalism as an institution is essential to keep every member of society accountable for their actions and is thereby crucial defense for the people in our modern interest driven societies against abuse, lies and manipulation. We have painfully experienced what happens if this important instrument of accountability fails; in Rwanda where the media became agitator for the genocide, in fascist Germany, where people were all too willing to believe a propaganda that paved the way for killing Millions and devastated not only Europe but affected large parts of the world. In war zones all over the world journalists got targeted and killed to shut out the worlds attention. Until today we have seen an increasingly sophisticated propaganda machinery driving some of the

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notes on the contributors

most suppressive or problematic situations in the world. Without the courageous efforts of independent journalism we have no chance to distinguish between what is true from what is fake; what to believe and what to question. This is why being a journalist is so challenging. Why we always have to do our best despite danger, difficulties and dislikes. Despite being harassed and threatened and having missed another birthday of our kids because of a road accident, a bombing, a political clash, a burning chemical factory. Despite becoming ourselves victims of a system that doesnt like to have reporters around to tell the truth. If we journalists fail, you live your lives blindfolded. We are not journalists for our own fun, for travel and adventure. We do this job for you people out there. For the politicians who try to truly lead their cities, regions and countries. For business that aims to be successful without leaving burned earth behind. For public administration that truly aims to serve the peoples needs. And for each and every member of a society that tries to exist in abundance, peace and security. By keeping all stakeholders of society accountable, journalists protect your rights. And now we need you to protect us. Do you choose to be a bored and disinterested mass that doesnt care? Or do you choose to claim your right to be concerned about what is happening around you, willing to ask who defines the rules, willing to claim your right to speak out? The killing of a journalist is not an internal problem of the media. It is concern for each and every member of the public, of a society that chooses to have a say. So now is the time to claim back your right to know and your right to be heard. It is time to protect your journalists. Or you will lose us. One after the other. To danger or temptation wrapped in bribes, political power or the promise of an easier way of life and earning. Now it is time also for you to stand up and say: STOP KILLING JOURNALISTS!

Karlon N. Rama has been covering the justice beat for over a decade now as reporter for Sun.Star in Cebu City. He is a member of the board of trustees of PECOJON International. Rommel G. Rebollido is a Mindanao-based writer and photojournalist. He is an alumnus of the Diploma in Photojournalism course of the Asian Center for Journalism in the Ateneo de Manila University. Ben Jason O. Tesiorna is reporter for Sun.Star in Davao City. Ryan D. Rosauro is a journalist based in Mindanao. Antonia Koop is PECOJON International Coordinator. She is currently based in Germany. We acknowledge news site Dateline Philippines (www.dateline. ph) for contributing information. The following members of the Network also contributed in the putting up of this edition: Nonoy Espina Froilan Gallardo Richel Umel Jeffrey Tupas Cong Corrales Hirohito Cadion Philip James Tremedal

editorial staff
Ryan Rosauro, Rommel Rebollido, Karlon Rama and Charlie Saceda PECOJON-The Peace and Conict Journalism Network contact: Ledrolen Manriquez National and International Secretariat 2/L Ab-der-Halden Haus 1550 East Capitol Road, Capitol Site 6000 Cebu City, Philippines Telefax: +63 32 505 52 62 www.pecojon.org