CMFR Philippine Press Freedom Report 2009

Philippine
Press Freedom
Report 2009
Center for Media Freedom and Responsibility
Center for Media Freedom and Responsibility:
Philippine Press Freedom Report 2009
Published with the support of the
Network Media Program, Open Society Institute
Copyright © 2010
By the Center for Media Freedom and Responsibility
ISSN 1908-8299
All rights reserved. No part of this publication may be reproduced

in any form or by electronic or mechanical means, including
information storage and retrieval systems, without permission
in writing from the publisher.
Acknowledgments
A grant from the Network Media Program of the

Open Society Institute made this publication possible.
Melinda Quintos De Jesus

Publisher
Luis V. Teodoro
Editor
Melinda Quintos De Jesus

Leo Dacera III
Prima Jesusa B. Quinsayas
Melanie Y. Pinlac
Writers
Melanie Y. Pinlac
Editorial assistant
Design Plus
Cover and layout design
Lito Ocampo
Melanie Y. Pinlac
Photos
iii
Contents
The Year That Was in the Philippine Press 1
The Ampatuan Massacre: More Than Crime 15
The Ampatuan Trial: Resolutions Pending 27
Impunity in the Philippines 37
The Prosecution and the Media: Getting Their Act Together 45
Protecting Witnesses for the Prosecution 51
List of Work-related Killings of Journalists 56

and Media Workers Since 1986
71
v
Foreword
T
HE KILLING OF 32 journalists and media workers in a single incident on
Nov. 23, 2009 shocked both foreign observers as well as most Filipinos.
But as has been remarked mostly on hindsight, the slaughter was an
atrocity waiting to happen.
The killing of journalists had after all been taking place with such regularity
since 1986 that they were in danger of receding into the realms of forgetfulness
to which too many Filipinos relegate crimes and other atrocities that defy
remedy and understanding. Before Nov. 23, out of 81 killings since 1986, only
three had been solved, and only partially in that the masterminds had yet
to be tried and even arrested. Not only this sorry record encourages further
killings. The resulting resignation and hopelessness among Filipinos that the
killers of journalists and their masterminds can ever be brought to justice is
also a self-fulfilling prophecy that helps sustain the culture of impunity.
Largely unremarked in the media as well as in public discourse was the

return of warlordism due to the feudal relations that obtain in the Philippine
countryside. Those relations make the co-optation by local officials of the
government-funded militias and even police and military officers and men
inevitable, as does the corruption that allows the same officials to use
government funds to arm their private armies—and, even more importantly,
the Arroyo regime’s toleration of such warlord clans as the Ampatuans in
exchange for their support in keeping the regime in power through various
means.
So certain were the perpetrators of the November 23 massacre of high-

level protection that they hardly bothered to hide their intent as well as the
actual crime itself. After all, it was in furtherance of their remaining in power
themselves—the necessary condition for them to provide the votes the
regime needs in May 2010 as in 2004 and 2007—that they killed at least 57
men and women, of whom 32 were journalists and media workers, who were
traveling to the provincial office of the Commission on Elections to file the
certificate of candidacy for Maguindanao governor of Esmael Mangudadatu,
whose wife and women relatives were among those brutally murdered.
vii
The killing of journalists in the Philippines is thus driven not only by local
interests who fear exposure, and a crime sustained by a weak justice system;
it is also symptomatic of a flawed political and social structure democratic in
form but authoritarian in substance.
The present Report, made possible by the support of the Open Society Institute,
looks into the complexities of media defense within the particularities of the
Philippine context, and provides the details of yet another year in which,
because of the killing of journalists, press freedom remains under siege in the
Philippines, with the difference that because of the November 23 Massacre,
holding the line in defense of that freedom has become even more urgent.
viii
The Year That Was in the Philippine Press
The Year That Was in the

Philippine Press
1
PHILIPPINE PRESS FREEDOM REPORT 2009
T
HE AMPATUAN MASSACRE of 2009 is one more indication of the
failure of democratic institutions in the Philippines. The massacre of at
least 57 men and women including 32 journalists and media workers
demonstrate the utter disrespect for freedom of the press and for the electoral
process by powerful figures in the Philippine political arena.
The 32 journalists/media workers were covering the filing of the certificate of

candidacy by Buluan town Vice-mayor Esmael “Toto” Mangudadatu in the town
of Shariff Aguak. They joined the convoy headed by Mangudadatu’s wife, Bai
Genalin, to the Commission of Elections satellite office in Shariff Aguak. But before
reaching Shariff Aguak, the convoy was stopped and the 57 brutally murdered by
armed men allegedly headed by Datu Andal “Unsay” Ampatuan Jr.
Ampatuan would have been the rival of Toto Mangudadatu in the gubernatorial
race for Maguindanao in May 2010. (For more information on the murder case
against Unsay, please visit http://www.cmfr-phil.org/ampatuanwatch/.)
A number of media organizations and journalists’ groups have warned

practitioners of a spike in the number of attacks against journalists and
media workers as the 2010 elections, the first fully automated elections in
the Philippines, approached. Some of the killings of journalists in 2009 could
in fact have also been election-related, the elections being, among other
characteristics, crucial for the agenda of both the Arroyo regime and the
reform candidates challenging it.
Other Incidents
Four other radio broadcasters were killed in 2009. CMFR research suggests
that most of these incidents could also have been politically-motivated or
election-related.
On Christmas eve 2009, a gunman on a motorcycle shot Ismael Pasigna—one

of the anchors of the local government-funded blocktime program “South
Express Balita”—while he was on his way to work in Labason, Zamboanga
del Norte at around 6:55 a.m. (local time). The incident happened around
30 kilometers from the house of town mayor Wilfredo Balais, where Pasigna
had come from. Balais said Pasigna usually passed by his house before going
2
to the radio station. A murder complaint has already been filed against the
alleged gunman.
Neneng, Pasigna’s widow, said that there was a possibility that the killing
could be related to her husband’s radio work. Neneng said Pasigna had aired
over radio a controversy regarding the filing of a certificate of candidacy by a
political party in Zamboanga del Norte.
Balais believes the incident to be politically-motivated. He claims that he

received an anonymous text message after the killing of Pasigna saying that he
would be the next victim. Both Pasigna and Balais are members of the Alliance
Party for Progress, a local political party in Zamboanga del Norte. In a Jan. 13,
2010 interview, Police Inspector Chamber Lacay also said police investigation
suggests that the incident was election-related.
The other journalists killed in 2009 were Mindoro Occidental lawyer-

broadcaster Crispin Perez, who was killed on June 9; Surigao del Sur
broadcaster Godofredo Linao, killed on July 27; and Misamis Occidental
broadcaster Ernesto Rollin, Feb. 3. (The Linao, Perez and Rollin cases have
been filed before local courts. PO1 Darwin Quimoyog, the alleged gunman in
the killing of Perez, was arraigned last Feb.19, 2010.)
Aside from being killed, however, journalists and media workers were also
attacked and threatened in 2009. For example, on March 5, 2009, Cagayan de
Oro City-based Nilo Labares barely escaped death after a gunman shot him
in the back. Labares, the head reporter of dxCC-Radio Mindanao Network ,
was known for his crusade against illegal gambling in Cagayan de Oro City.
Labares has identified the gunman, who is allegedly in the pay of a local
gambling lord.
Some Victories
There were some victories in the fight against impunity in the year 2009.
The killers in the killing of two journalists were convicted last year. Before
these two convictions, only in the cases of Edgar Damalerio, Marlene Esperat
and George Benaojan had gunmen been convicted since President Gloria
Macapagal Arroyo came to power in 2001.
3
In a decision dated Nov. 24, 2009, Branch 6 Judge Hipolito Bael Jr. of the
Regional Trial Court (RTC) in Dipolog City found accused Robert “Wangyu” Woo
guilty in the murder of Zamboanga del Norte broadcaster Klein Cantoneros.
Cantoneros was killed on May 4, 2005 in Dipolog City by three assailants on a
motorcycle.
Woo was sentenced to a maximum imprisonment of 14 years, eight months

and one day and was asked by the court to pay a death indemnity of P50,000,
actual damages of P167,000, and moral damages of P50,000 to the family of
Cantoneros. Woo was charged with “Murder Qualified by Treachery, Evident
Premeditation and Abuse of Superior Strength”.
Also in 2009, the RTC of Digos City convicted Joy Anticamara for the 2006
killing of radio broadcaster Armando Pace. But the charge against Anticamara
had been downgraded to homicide because the prosecution had failed to
prove evident premeditation and the aggravating circumstance of the use of
a motorcycle. Evident premeditation pertains to “a finding that the accused
made a decision to commit the crime prior to the moment of its execution
and that this decision was the result of meditation, calculation or reflection,
or persistent attempt (People v. Carillo, 77 Phil 579).”
Pace was killed on July 18, 2006 minutes after he signed off from his dxDS-
Radyo Ukay program “Ukadyang”, slang in Davao for “ukaya” which means “stir
up”. Pace was shot thrice by two men on a black motorcycle in Digos City,
Davao del Sur.
Note that several cases of murder have been transferred to safer trial venues after
the Supreme Court, through its Court Administrators, approved the requests of
the families of slain journalists and of the Freedom Fund for Filipino Journalists
(FFFJ) in 2009. These include the murder cases of Esperat, Dennis Cuesta and of
the attempted murder case against the attacker of broadcaster Labares.
Arrest Failures
Despite the issuance and re-issuance of arrest warrants against some of the
alleged masterminds and killers of journalists, media practitioners and media
workers, many remain free.
4
The failure of the Philippine National Police (PNP) to arrest the suspects
and accused persons has been noted and criticized by media practitioners
and press freedom organizations. This prompted Arroyo to order during a
meeting with media organizations last year the formation of “dedicated
tracker teams” for each suspect in the killings of journalists. During a
meeting with the representatives of media groups, the PNP Task Force Usig
secretariat headed by Major Henry Libay said that the tracker teams were
functional. Nonetheless, the press has still to see any result of the work of
the tracker teams, especially in the cases of Cuesta where the suspect has
been seen freely roaming General Santos City and of Esperat, where the
alleged masterminds are said to be in Cotabato City, and who in fact have
been reported to have returned to work.
Meanwhile, throughout the year, Presidential Task Force Against Political

Violence (popularly known as TF 211) had been announcing its speedy
resolution of cases by simply filing charges against suspects.
Arrests Hampered
Despite frequent announcements that the authorities would arrest the

alleged masterminds in the killing of Esperat, in December 2009 the Court of
Appeals in Cagayan De Oro City issued a preliminary injunction prohibiting
the serving of the warrants of arrest against suspects Osmeña Montañer and
Estrella Sabay. A preliminary injunction, according to Rule 58 of the Rules of
Court, is “an order granted at any stage of an action prior to the final judgment,
requiring a person to refrain from a particular act.”
In a resolution by Associate Justice Elihu A. Ybañez, the Twenty-first Division

of the Court of Appeals of Cagayan de Oro City stopped the implementation
of the October 2008 arrest warrant issued by Tacurong City RTC Judge Milanio
Guerrero against Montañer and Sabay.
Esperat was killed on March 24, 2005 in front of her children in her home in
Tacurong City, Sultan Kudarat province. The gunman and his accomplice pled
guilty and were sentenced in October 2006. More than two years later, the
prosecutors filed murder charges against Montañer and Sabay who allegedly
masterminded the killing to retaliate for Esperat’s exposes of corruption in the
Department of Agriculture in Region XII.
5
Meanwhile, the case against the alleged gunman in the killing of Fernando
Lintuan was acquitted by the RTC Davao after the prosecution failed to present
additional evidence against the accused. Lintuan was killed by a gunman on
Dec. 24, 2007 in Davao City.
Legal Harassment
Even as the government claims victories in what it describes as a crusade for a

better press environment, many powerful officials and personalities have also
been harassing journalists through legal suits.
The case of Joaquin Briones, journalist and publisher of a community

newspaper in Masbate, escaped the attention of the Manila-based media
advocacy organizations. In 2000, Briones was sentenced in absentia and spent
more than five years in prison, serving longer than Alexander Adonis, whose
case was the first known case of a media practitioner’s being imprisoned in a
libel case. Briones was given parole in 2005.
Four years after his parole, Briones and Ronnie Valladores, a columnist in
the Masbate Tribune, are facing several counts of libel before a local court in
Masbate. Briones was the former publisher of the Masbate Tribune.
These libel cases were filed by Masbate Vice Governor Vicente Homer Revil and
by the board of directors, employees and the lawyer of the Masbate Electric
Cooperative (MASELCO) against Briones and Valladores.
The libel complaint filed by Revil stemmed from Valladores’s column on the
questionable issuance of an environmental compliance certification by the
Department of Environment and Natural Resources (DENR) to a contractor of
a coal-powered plant. The columnist criticized Revil’s failure to send to DENR
the Provincial Board resolution against the construction of a coal-powered
plant due to technical difficulties (e.g. the supposed lack of ink printer at his
office).
The board of directors, employees and the lawyer of the MASELCO on the
other hand filed three separate libel complaints for Valladores’s column on the
poor services rendered by the company published in the Masbate Tribune.
6
Briones and Valladores were arraigned for the libel cases filed by MASELCO
in January 2010. Meanwhile, they filed a petition before the DOJ Manila to
review the local prosecutor’s recommendation to file Revil’s libel complaint
before a local court.
Aside from legal harassment, some government agencies have “infringed” on

the right to information. Last September 2009, the Office of the Ombudsman
suddenly drew up stringent rules regulating the release of the Statements of
Assets and Liabilities and Networth (SALN) of government officials after reports
on the alleged undeclared wealth of the Arroyos appeared in the media. In
its Memorandum Circular 95-13, the Office of the Ombudsman said “Where
the purpose stated is contrary to morals or public policy, or is commercial in
nature other than by news and communications media for dissemination to
the general public, the request shall be denied outright.”
Journalists and other groups have pointed out that these guidelines infringe on
the right of the public to access public documents such as SALNs. The Manila
broadsheet Philippine Daily Inquirer in one of its editorials last September
2009 said: “The memorandum is unconstitutional and undemocratic.
Unconstitutional because the Constitution recognizes ‘the right of the
people to information on matters of public concern.’ Undemocratic because
information is the oxygen of democracy; the citizens of a democratic nation
cannot form intelligent opinions and make wise decisions unless they have
the necessary information on which they can base their judgment on matters
that affect them.”
Legislation
Journalists and media organizations have expressed concern over the approval
by the Senate of its version of a right of reply bill in 2008 and the eagerness of
the House of Representatives to pass its own version in 2009.
Both right of reply bills compel news organizations to publish replies from
news subjects. Most of the provisions in Senate Bill no. 2150 and House Bill no.
3306 are the same, except in the proposed penalties. At one point, the House
version included imprisonment as a penalty when a reply is not published.
The latest House version has removed imprisonment terms and inserted the
phrase “editorial discretion” as a condition for the publication of a reply.
7
Journalists foresee abuse of the right of reply law if passed. Nonoy Espina of
the National Union of Journalists of the Philippines said in a forum on the bills
that a right of reply law is likely to be used to push the political agenda of
some politicians. Espina said: “Once again, press freedom is under siege from
political forces insidiously trying to further their personal agenda, this time
through the legislature. Elections are coming up and enacting this bill into law
will benefit those who want to deflect criticism and gain media mileage.”
In several dialogues with politicians, journalist and media organizations were

firm in their view that the bill should be rejected. They maintain that a right of
reply law is unnecessary since presenting both sides of an issue and respecting
the right of reply are among the ethical responsibilities of the press.
Meanwhile, the bicameral committee report on the proposed Freedom of

Information (FOI) Act is pending ratification at the House of Representatives.
The Senate ratified the bicameral report in February 2010 before Congress
went into recess. Once ratified by the House, the bicameral committee report
will be forwarded to the President for enactment into law.
In a letter to House Speaker Prospero Nograles, the Right to Know, Right Now,
a network of media organizations and public interest groups pushing for the
passage of the FOI Act, urged the House leadership to prioritize the ratification
of the bicameral committee report on May 31, 2010 when the 14th Congress
resumes sessions.
The network said that “(t)he passage of the Freedom of Information Act is long
overdue. It is a promise to the Filipino people that the Constitution assured in
1987, or 23 years ago, yet. Our people need and truly deserve this law. It is as
well a demand of the times, a vote for good governance, democracy, and the
people’s right to know.”
It added that “(w)hen finally signed into law by the President, we have no
doubt that the Freedom of Information Act will be a strategic and most
significant contribution of the 14th Congress to the fundamental renewal of
public institutions in our country.”
8
International Attention
The international community has also raised concern over the problem of
impunity in the killing of and attacks against journalists and media practitioners
in the Philippines.
Last March 2009, the Center for Media Freedom and Responsibility (CMFR)
helped organize the anti-impunity mission of the Southeast Asian Press
Alliance (SEAPA) to the Philippines. The SEAPA anti-impunity mission met
with representatives from the two government task forces supposedly
formed to bring the criminals to justice and to stop the killings—PNP Task
Force Usig and TF 211. They also talked with FFFJ chair and counter-impunity
officer Jose L. Pavia, FFFJ legal counsel Prima Jesusa Quinsayas, lawyer Nena
Santos, and some legislators.
Simultaneously, the Committee to Protect Journalists also launched its Global

Impunity Index for 2009 in Manila with the help of CMFR and FFFJ. CMFR also
helped CPJ representatives get in touch with local authorities such as Supreme
Court spokesperson Midas Marquez. They also attended some of the SEAPA
mission’s meetings.
9
PHILIPPINE
The Year That
PRESS
WasFREEDOM
in the Philippine
REPORT Press
2009
CMFR DATABASE ON THE KILLING OF

JOURNALISTS/MEDIA PRACTITIONERS IN THE
PHILIPPINES SINCE 1986*
(Updated as of January 2010)
All journalists killed since 1986 by Motive
non-work related
53
(32%)
work related
114
(68%)
The Center for Media Freedom and Responsibility (CMFR) has recorded 167
cases of killing of Filipino journalists/media workers since 1986.
*More detailed information may be accessed

at http://www.cmfr-phil.org/map/index_inline.html
10
PHILIPPINE
The Year That
PRESS
WasFREEDOM
in the Philippine
REPORT Press
2009
Journalists killed in the line of duty since 1986
Of the 167 journalists/media workers killed since 1986, 114 were killed
because of their work. Seventy-six out of the 114 work-related cases
happened during the Arroyo administration (February 2001-present).
The number of journalists/media workers who were killed jumped to 113

after 32 were massacred in Maguindanao in November 2009. With 36
journalists/media workers killed, 2009 had the most number of Filipino
journalists/media workers killed in history.
Journalists/media workers killed in the line of duty

by administration
11
PHILIPPINE
The Year That
PRESS
WasFREEDOM
in the Philippine
REPORT Press
2009
Journalists/media workers killed in the line of duty since 1986

by region or place of killing
34
10 11
9 10
8
6
4 4 4
3 3 3
1 2 2
Most of the journalists/media workers killed in the line of duty since 1986
were based in the provinces. The Autonomous Region of Muslim Mindanao
registered the most number (34) of work-related killings since 1986.
Filipino journalists/media workers killed in the

line of duty by island group
Luzon
34
(30%)
Mindanao
70
(61%)
Visayas
10
(9%)
12
PHILIPPINE
The Year That
PRESS
WasFREEDOM
in the Philippine
REPORT Press
2009
Filipino journalists/media workers killed in the

line of duty by gender
Female
8
(7%)
Male
106
(93%)
One hundred and six (93 percent) of the 114 journalists/media workers killed
in the line of duty since 1986 were male.
Journalists/media practioners killed in the line of duty since 1986

by medium
Most of the journalists and media workers killed in the line of duty worked
solely for print (48 of the 114 or 42 percent), followed by those who worked
for radio (42).
The number of print journalists who were killed increased after the
Maguindanao massacre where most (24 out of the 32 fatalities) were
working solely for print. This includes Reynaldo “Bebot” Momay whose body
has yet to be found.
13
The Ampatuan Massacre:

More Than Crime
14
The Ampatuan Massacre: More Than Crime
T
HE MASS MURDER of at least 57 people in Maguindanao province,
including 32 journalists/media workers, and the events that followed
it highlight the weaknesses of Philippine democracy — the lack of
respect for human as well as electoral rights and press freedom by those in
power, and the culture of impunity that thrives in the country. But it was an
attack not only on the media, but also on what has passed for democracy in
the Philippines.
What’s more, the Maguindanao massacre may be a foreboding of what may

happen in the 2010 elections. The massacre happened only three days after
the Commission on Elections (Comelec) officially declared open the filing of
Certificates of Candidacy (CoC) for the 2010 national and local elections. The
fear by media organizations and journalist groups on the possible escalation
of violence against journalists and media practitioners, especially in the
provinces, materialized on the ill-fated day of Nov. 23.
That event made further and even worse violence more possible. But it also
highlights the long-ignored issues of political dynasties and warlords, the
proliferation of private armies in the provinces, and the negligence and lack
of political will of the national government.
What Happened
On Nov. 23, the wife and sisters of Datu Esmael “Toto” Mangudadatu, the
current vice mayor of Buluan town, were supposed to file his CoC at Shariff
Aguak, Maguindanao province. Vice-mayor Mangudadatu would be going
head to head against an Ampatuan, the ruling family in Maguindanao, in the
provincial gubernatorial race.
Knowing that the Ampatuans and their allies have run unopposed in the
recent elections in the Autonomous Region of Muslim Mindanao (ARMM),
Mangudadatu’s filing was indeed news. Any journalist in the area would cover
this event.
The fact-finding and humanitarian mission of the Freedom Fund for Filipino
Journalists (FFFJ), the National Union of Journalists of the Philippines (NUJP)
and MindaNews found that as early as Nov. 20, Vice-mayor Mangudadatu had
15
announced that he would be filing his CoC on Nov. 23. Accounts by colleagues
of the slain journalists show that during the Kalimudan festival in Sultan
Kudarat, the Mangudadatus had invited journalists and media practitioners
to cover the filing.
An article by Philippine Daily Inquirer correspondent Aquiles Zonio said that

the journalists had raised the issue of security to the Mangudadatus before
leaving Buluan town last Nov. 23. “An intense yet cordial exchange of ideas
ensued as this reporter (Zonio), (Alejandro “Bong”) Reblando and two other
journalists discussed with ARMM Assemblyman Khadafy Mangudadatu the
security concerns and the scenarios that may arise later that day,” he wrote in
his Nov. 24 article. Zonio was one of the three journalists who decided not to
join the convoy.
The Mangudadatus allegedly tried to ask for security support from the
Armed Forces of the Philippines and the Philippine National Police units in
the province. But both law enforcement agencies declined. So instead of Toto
Mangudadatu going to Shariff Aguak to personally file his CoC, he decided
to send his wife Bai Genalin “Gigi” Mangudadatu, and sisters Bai Farinah and
Bai Eden instead to file the CoC for him, with the journalists and lawyers as
company.
The Mangudadatus in several interviews said no member of the convoy was

armed to avoid any clash with the forces of the Ampatuans. Tension between
the Ampatuans and the Mangudadatus had intensified in the past few months
after Vice-mayor Toto Mangudadatu announced his intention to run against
the Ampatuans in the gubernatorial race.
The Mangudadatu convoy never reached the municipality of Shariff Aguak.

The supposed peaceful filing led to the most dreadful event in the Philippines
since the restoration of democracy in the country. The Mangudadatu convoy
and several civilians who were just passing through were intercepted at a
police checkpoint in Ampatuan town and later killed by a private army of 100
men allegedly led by Datu Andal “Unsay” Ampatuan Jr. Worse, the perpetrators
tried to cover up the incident by burying the bodies and cars of the victims in
pits dug with the use of a government-owned backhoe.
16
Unprecedented
The massacre put the Philippines on top of the list of the most dangerous
places for working journalists. In 2009, 36 journalists and media workers were
killed in the line of duty, an unprecedented record in terms of the number
of journalists killed per year in the Philippines or anywhere else. (The count
includes Reynaldo “Bebot” Momay who was killed in the Ampatuan Massacre
but whose body has yet to be found, and Ismael Pasigna, a radio blocktimer in
Zamboanga del Norte who was killed on Dec. 24, 2009.)
The Center for Media Freedom and Responsibility (CMFR) had monitored
three work-related cases before the massacre. The year 2009 would have been
one of the years with a relative low number of killings since Gloria Macapagal
Arroyo became president in 2001. Before 2009, the highest number of work-
related killings was in 2004, an election year, when eight journalists/media
practitioners were killed in separate incidents. (CMFR has pointed out that
two of three cases before the Ampatuan Massacre were possibly election-
related. Broadcaster-lawyer Crispin Perez and broadcaster Godofredo Linao
were known critics of local politicians in their respective provinces. Both Perez
and Linao had been government officials.)
Thirty-two of the 36 journalists/media workers killed in the line of duty in 2009

were from the Ampatuan Massacre. Based on the data gathered by the FFFJ-
NUJP-MindaNews fact-finding and humanitarian mission to Maguindanao,
16 Mindanao-based publications, a television station, four radio stations, and
one wire agency lost employees. Three of these 16 publications were part
of the publishing house of Freddie Solinap, the publisher and editor of the
Koronodal City-based weekly Periodico Ini.
Solinap had no idea his staff would be joining the Mangudadatus in filing the
CoCs. “’Yun lang ang araw na hindi sila nagpaalam. Pagdating ko na lang sa
opisina doon ko na nalaman (That was the only time they did not inform me.
When I arrived at the office, that’s when I learned about it),” Solinap told CMFR
in an interview last Dec. 4.
“Naintindihan ko na hindi sila nagpaalam kasi biglaan ‘yung pag-invite sa kanila

(I understand that they were not able to inform me because the invitation was
unexpected).”
17
Solinap’s business operations have been paralyzed. He plans to change the

name of his Periodico Ini after some time. “Kapag kasi ‘Periodico Ini’ pa rin, hindi
ako makakatrabaho. Maaala-ala ko ang mga tao kong namatay (If the name
remains ‘Periodico Ini,’ I will not be able to work. I will always remember my
staff members who died).”
Almost all the staff members of his three newspapers were killed in the
massacre, including his circulation manager Noel Decena for Rapido, his
account executive for Periodico Ini Fernando “Ranny” Razon and his associate
editor Rey Merisco.
Solinap is assisting the families of his staff members. When the families
expressed concern about and fear in pursuing the case, Solinap said: “Bakit
tayo matakot? Tayo na ang namatayan, tayo pa ang matakot? Dapat sila ang
matakot (Why should we be afraid? We are the ones who have lost loved ones,
and we are the ones are afraid? It is them who should be afraid).”
Unnecessary Response
But finding justice for the victims will not be easy, as in the other cases of
journalists/media practitioners killed in the Philippines.
Seemingly without any other recourse, the national government opted to put
the provinces of Maguindanao and Sultan Kudarat as well as Cotabato City
under its favorite remedy, a state of emergency, to allegedly solve the massacre.
But a few days after, perhaps wanting to quickly discourage the notion that
her government was not too enthusiastic in finding and prosecuting the killers
and masterminds, Arroyo signed Presidential Proclamation no. 1959 which
placed the two provinces and the city under martial rule and suspended the
privilege of the writ of habeas corpus.
But rather than solve the problem of private armies and lawlessness, which
the regime itself had tolerated, the declaration of martial law succeeded in
overshadowing the issue of legal difficulties in pinning down the suspects
and masterminds in the Ampatuan Massacre.
For example, the alleged mishandling of the evidence and the crime scene
was sidetracked by the ensuing debate over the legality and intent of the
18
declaration. Several groups including the fact-finding team of the FFFJ-NUJP-

MindaNews saw how poorly law enforcement agencies and other agencies
involved treated the scene.
In its report, the FFFJ-NUJP-MindaNews fact-finding team said that “The

retrieval team from the military and police was clearly assigned to achieve
only one task: get the bodies out. There was little or no consideration given
to preserving the evidence. There was little or no consideration given to avoid
the contamination of the crime scene.”
But the attention of the public and the press was focused on what the Armed
Forces of the Philippines was doing in Maguindanao—the filing of rebellion
charges against the Ampatuans, the invitations for Gov. Zaldy Ampatuan and
Datu Andal Ampatuan Sr. and the raids on the houses of the Ampatuans in
Maguindanao and Davao.
Media’s Response
As always, civil society and media had to fill the gaps left behind by the
government.
Local media organizations immediately organized themselves to respond

to the needs of the victims of the Maguindanao massacre. Last Nov. 29,
several media organizations including CMFR, NUJP, the Kapisanan ng mga
Brodkaster ng Pilipinas (KBP, Association of Broadcasters of the Philippines)
and the Philippine Press Institute (PPI) formed the November 23 Movement.
The November 23 Movement is a loose coalition calling for an independent
investigation into the massacre in Maguindanao.
Countrywide, NUJP and its chapters held protest actions to show support for
the families and colleagues of the slain journalists and media workers.
Meanwhile, international media organizations and press freedom advocates

joined the protests against the massacre in Maguindanao and called for a
speedy resolution of the case.
Forty-seven members of the International Freedom of Expression eXchange

signed a petition calling for a swift and comprehensive investigation into the
19
Maguindanao massacre. In the letter addressed to Philippine authorities, the

group said: “Whatever the motives, the Philippine government must work
swiftly and with urgency to bring the perpetrators of this heinous crime to
justice. Beyond what is attributed to election-related violence and the reality
of ‘warlordism’ in the Philippines, we urge the Philippine government to
address the larger problem of impunity that festers in Philippine society. It
is this environment, where violence and crime go unpunished, that leads to
tragedies such as what befell our colleagues in Maguindanao. It is the same
toxic environment for which the government itself must be held accountable
and should take responsibility.”
Media and civil society organizations around the world led by the International
Federation of Journalists held protests on Dec. 9, which was the Global Day
of Action against Impunity. As early as Nov. 24, the Alliance of Independent
Journalists in Indonesia had rallied in front of the Philippine Embassy in Jakarta
to condemn the massacre.
Several missions to Maguindanao have also been activated after the massacre
to observe the investigations and to provide legal and financial support to the
families of the victims.
Humanitarian Assistance
Aside from protest actions, several media organizations also offered

humanitarian and legal assistance to the families of the slain journalists.
The FFFJ has coordinated with several international organizations like the
Committee to Protect Journalists and the Open Society Institute for possible
assistance to the victims’ loved ones and to the progress of the cases against
the alleged perpetrators.
The NUJP has offered to include the children of slain journalists in its scholarship
program and are working with child psychologists to help the families deal
with the trauma. NUJP is also coordinating with the Inquirer.
Employees of the GMA-7 news and public affairs department have donated
more than a million pesos to the FFFJ specifically to be used in assisting the
20
families of the victims of the Maguindanao Massacre. The Lopez Foundation

also gave P1 million pesos to FFFJ for the same purpose.
The ABS-CBN Bantay Bata Foundation has set aside P1 million pesos for the
education of children. Mabuting Pilipino, a non-government organization
which “advocates good governance, national discipline and transparency in
government,” also offered college scholarships.
Legal updates
As of February 2010, Quezon City RTC Judge Jocelyn Solis Reyes has indefinitely
postponed the bail proceedings until she has decided on the defense’s motion
for recusation asking her to inhibit from hearing the case.
A total of 197 persons including Unsay, his father Andal Sr. and brothers are
facing multiple murder cases before the RTC Quezon City Branch 221. The
Department of Justice has filed a total of 57 counts of murder against the
alleged perpetrators.
21
PHILIPPINE
The Ampatuan
PRESS
Massacre:
FREEDOMMore
REPORT
Than Crime
2009
PROFILE OF THE 32 MEDIA WORKERS KILLED IN

THE NOVEMBER 23 AMPATUAN MASSACRE
(Updated as of Jan. 18, 2010)
Based on interviews with the families and colleagues of the victims, the
fact-finding and humanitarian mission of the Freedom Fund for Filipino
Journalists, the online news magazine MindaNews, and the National
Union of Journalists of the Philippines confirmed the identities of 32 out
of the alleged 34 journalists/media workers who supposedly joined the
Mangudadatu convoy to Shariff Aguak. The 32 slain journalists/media
workers include Midland Review’s Reynaldo “Bebot” Momay whose body is
still missing. (His dentures were found at the crime scene.)
Victims of the Ampatuan Massacre
Mangudadatus
and Media workers
civilians 31
26 (54%)
(46%)
Scene of the Crime Operatives recovered 57 bodies. Thirty-one of the 57

bodies recovered in the site of the Ampatuan Massacre (or 54 percent) were
those of media workers.
Please note that the graphs in the next two pages include Momay, making the count 32
journalists/media workers.
22
PHILIPPINE
The Ampatuan
PRESS
Trial:
FREEDOM
Resolutions
REPORT
Pending
2009
Media Victims by Gender

Female
4
(12%)
Male
28
(88%)
Twenty-eight of the 32 media practitioners (or 88 percent) killed were male.

Four were female.
By Place of Residence
15
10
1 1 1
Most of the media practitioners killed were based in General Santos City (15
out of the 32 or 47 percent).
23
PHILIPPINE
The Ampatuan
PRESS
Massacre:
FREEDOMMore
REPORT
Than Crime
2009
Victims by Medium
Seventy-five percent (or 24) of the media practitioners killed were working
solely for print news organizations.
News organizations affected

16
Most of the journalists killed worked for Mindanao-based newspapers

(16). Some of the journalists/media workers killed worked for two news
organizations.
Only one victim, Alejandro “Bong” Reblando, worked for a wire agency
(stringer of Reuters) and the Manila Bulletin. All UNTV General Santos City
staff who joined were killed.
24
The Ampatuan Trial: Resolutions Pending
25
The Ampatuan Trial:

Resolutions Pending
26
T
HE INVESTIGATION ON the November 23 massacre of at least 57 persons
has led to the filing of charges against Datu Andal “Unsay” Ampatuan
Jr. and other members of the Ampatuan clan including their patriarch
Andal Sr.
The Ampatuans, the leading political clan in Maguindanao province and in

the Autonomous Region of Muslim Mindanao (ARMM), have held crucial
positions, elective or otherwise, in the government for the past decade.
The Ampatuans—who have run unopposed in Maguindanao for several
elections—are believed to have built a powerful private army and have had a
huge influence over other politicians in the region. They are also believed to
be staunch political allies of Gloria Macapagal Arroyo and allegedly helped
her win the 2004 presidential elections.
The Multiple Murder Case Against Unsay
The testimonies of witnesses and evidence gathered by the prosecution allege

that Datu Unsay led around 100 armed men in the abduction and killing last
Nov. 23 of the members of the convoy led by the wife of his supposed rival for
the Maguindanao gubernatorial race, Buluan town Vice-mayor Datu Esmael
“Toto” Mangudadatu. The fatalities include 32 journalists and media workers
who were on their way to cover the filing of Mangudadatu’s Certificate of
Candidacy (CoC) at the regional Commission of Elections office based in
Shariff Aguak.
By Dec. 1—five days after Unsay’s Inquest—the Department of Justice (DOJ)

prosecution panel led by Senior State Prosecutor Leo Dacera had filed 25
counts of murder before the Regional Trial Court (RTC) of Cotabato City Branch
15. At that time only 25 autopsy reports had been issued by the authorities.
Prosecutors Dacera, Al Calica, Felipe Vicente Velasco, Elmer Lastimosa, and
Edilberto Jamora composed the prosecution panel assigned by then DOJ
secretary Agnes Devanadera to process the inquest papers against Unsay.
Unsay underwent inquest proceedings on Nov. 26 after his surrender to Peace
Adviser Jesus Dureza.
A judge from Tacurong City, Sultan Kudarat was initially designated by the
Supreme Court to handle the case. But the prosecution felt it was necessary
to ask the Supreme Court to transfer the case to a court in Metro Manila
27
because of possible threats to the lives of the witnesses and the prosecutors.
The Supreme Court on Dec. 7 acted on the prosecution’s petition and ordered
the transfer of the case to RTC Quezon City. After the controversial refusal of
the first judge the case was raffled to, the case is now with Judge Jocelyn Solis
Reyes of Branch 221.
Judge Reyes is currently hearing the petition for bail filed by the lawyers of
Unsay. Unsay was the only one named in the 56 Informations (Criminal Cases
nos. Q-09-162148 to 162172, 162216 to 162231, and Q-10-162652 to 162666
People of the Philippines vs. Andal “Unsay” Ampatuan Jr. and John Does).
Unsay has been under the custody of the National Bureau of Investigation
(NBI) since Nov. 26, 2009.
The prosecution panel has presented a total of eight witnesses including

Vice-mayor Mangudadatu, Ampatuan town Vice-mayor Rasul Sangki, his
uncle Mohammad Sangki and NBI Anti-Terrorist Unit chief Ricardo Diaz.
Additional Perpetrators Named
A day before the sixth hearing on the petition for bail filed by Unsay, another DOJ
special panel of prosecutors led by Senior State Prosecutor Rosanne Balauag
filed Amended Informations for multiple murder against 197 others including
Unsay and several police and military officers for the Maguindanao incident.
The Amended Informations stemmed from the amended complaint filed by

the NBI and a separate complaint filed by the Philippine National Police’s
Criminal Investigation and Detection Group (PNP-CIDG) before the DOJ
Manila panel last December 2009. The first preliminary hearing was held on
Dec. 18.
The 196 persons charged with Unsay include: Andal Sr.; Datu Zaldy “Puti”
Ampatuan; Datu Akmad “Tato” Ampatuan, Sr.; Datu Jimmy Ampatuan;
Datu Kanor Ampatuan; Datu Bahnarin Ampatuan; Datu Mama Ampatuan;
Datu Sajid Islam Ampatuan; Datu Anwar Ampatuan; Datu Saudi Ampatuan
Jr.; Datu Ulo Ampatuan; Datu Ipi Ampatuan; Datu Harris Ampatuan; Datu
Moning Ampatuan; Datu Norodin “Nords” Datumanong Ampatuan; Police
Chief Insp. Zukarno/Sukarno Dicay; Police Insp. Rex Ariel Diongon; Police
Insp. Michael Joy Macaraeg; and Police Insp. Saudi Mokamad/Mukamad.
28
In its Joint Resolution dated Feb. 5, the panel said evidence on record showed
the existence of a conspiracy.
“The confluence of events before and immediately after the commission of the
offense leads us to no other inference than respondents Andal U. Ampatuan
Sr., Datu Zaldy “Puti” U. Ampatuan, Datu Akmad “Tato” Ampatuan Sr., Datu
Norodin Ampatuan and Datu Jimmy Ampatuan connived with the actual
perpetrators.” (According to Article 8 of the Revised Penal Code, conspiracy
“exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it.”)
The panel also said it was “appalling that there is viable evidence to prove
that some members of the (PNP) and Armed Forces of the Philippines (AFP),
organizations whose primary task is to ensure a more effective, sustained and
successful campaign against criminality, dipped their fingers in the preparation
and subsequent consummation of the despicable killing of the victims.”
Andal Sr., Zaldy, and other Ampatuans accused are detained in General Santos
City and Davao City after being charged with rebellion in December 2009.
Deferment of Bail Proceedings
The filing of the Amended Informations has led to an unforeseen development

in the trial against Unsay: the deferment of the hearing on his bail petition.
Before the court could proceed with the presentation of prosecution

witnesses last Feb. 10, 2010, defense lawyer Philip Sigfrid Fortun asked the
court for a sidebar to discuss his proposition to postpone the presentation
of witnesses that day and on the next scheduled hearing date (Feb. 17) to
give way to the consolidation of the amended informations on the ongoing
multiple murder case against Unsay and several John Does. After the sidebar,
both the prosecution and defense panels agreed to resume bail proceedings
on Feb. 24. (A sidebar is an off-the-record conference with the presiding judge
and the counsels of both parties, in this case, the prosecution and defense.)
Days before the Feb. 9 hearing, the defense filed two motions before the
court: (1) a motion for recusation, asking Judge Reyes to inhibit herself from
29
hearing the case because of her alleged bias against accused Unsay and for
“committing serious misconduct in disregarding simple evidentiary rules”
and (2) a fourth motion for a show cause order against some members of
the prosecution panel claiming their appearance in several media shows
and publications constitute a violation of the sub-judice rule. (The sub-judice
rule prohibits the airing or publication of views and information tending to
influence the outcome of a hearing or trial.)
Other Developments
A witness, Police Officer Anwar Masukat, executed an affidavit of recantation

on Jan. 13. In his recantation—which was presented by defense lawyer Philip
Pantojan in Davao City while the bail hearing was ongoing in Manila—Masukat
claimed he was forced by the PNP-CIDG into signing his Dec. 12 affidavit.
GMANews.TV in its Jan. 20 report quoted him as saying: “Realizing that the
affidavit did not contain my truthful statement, I adamantly refused to sign
it. It was then that (SPO2 Larry Diaz) and (lawyer Armando Fabros) told me
that murder cases will be filed against me and that they could not prevent
that from happening unless I sign the counter-affidavit they had prepared
and willfully falsify statements.” (“DOJ: Cop’s recantation in massacre case
no big loss”, http://www.gmanews.tv/story/182020/doj-cops-recantation-in-
massacre-case-no-big-loss)
The Freedom Fund for Filipino Journalists (FFFJ) has asked the PNP to explain
why Masukat, who was supposedly under restrictive custody in Camp Crame,
was able to go to Davao City and issue a recantation. The PNP had announced
earlier that all personnel allegedly involved in the murder are under restrictive
custody.
“It is disturbing that the PNP, already taking much of the negative publicity
because many of its officers and personnel allegedly took part in said massacre,
appears unable to keep track of the whereabouts of its men. Worse, the PNP’s
inaction indicates it is either helpless and cannot hold its men accountable for
their actions or that it is part of what appears to be an attempt to whitewash
the whole matter,” FFFJ wrote in its letter dated Feb. 5.
“Adding to the irregularities surrounding this incident is the fact that the
affidavit was not executed before any member of the DOJ panel of prosecutors
30
before whom the complaints against PO1 Masukat are pending.” (The PNP has
yet to respond to the FFFJ letter.)
The prosecution also filed a motion to cite Pantojan in contempt. The

prosecution in its motion said Pantojan’s presentation of the recantation of
Masukat undermines the administration of justice.
Meanwhile, the Center for International Law (CenterLaw) filed in behalf of some
relatives of the media victims several petitions: one is before the Commission
of Appointments; another before the Office of the Ombudsman in Davao;
and one before the ASEAN Intergovernmental Human Rights Commission
(AIHRC).
The Jan. 12 petition before the Commission of Appointments questioned

the promotion of Major General Alfredo Cayton as Vice-commander of the
Philippine Army. In its 32-page petition, the relatives of the 13 media victims
said Cayton “miserably failed to prevent the the massacre of the journalists
and innocent women within his area of direct responsibility.”
They also argued that the Commission on Appointments should deny the
promotion because: “The security situation—and the lives of all the people
on that ill-fated convoy—became his direct responsibility once he received
the call from Manila Bulletin correspondent Alejandro ‘Bong’ Reblando for
security escorts. He could not wash his hands of that responsibility by a simple
declaration that he had no men to send out. At the very least, he should have
called the attention of his police counterparts about the security situation
occasioned by the filing of the CoC of Vice-mayor Mangudadatu in the heart
of the bailiwick of the Ampatuans to coordinate a joint security cordon.”
The families also filed a complaint-affidavit against Cayton and Geslani before
the Ombudsman for violation of the Anti-graft and Corrupt Practices Act
(Republic Act [RA] 3019) and of the Code of Conduct and Ethical Standards for
Public Officials and Employees (RA 6713).
On Feb. 3, CenterLaw also filed a preliminary petition before the AIHRC asking
it to “issue an urgent declaration calling on the Philippine State to abide
with its obligations under international law and ensure the prosecution and
conviction of the perpetrators of the massacre as well as the provision of
31
adequate reparations, including compensation and satisfaction, to the victims

and their heirs.”
The rebellion case against the Ampatuans, on the other hand, has also been
transferred from the RTC Davao City to RTC Quezon City Branch 77. The first
hearing in the sala of presiding judge Vivencio Baclig was held last Feb. 12,
2010.
32
DATE A TIMELINE OF EVENTS IN THE MULTIPLE MURDER CASE

AGAINST DATU ANDAL “UNSAY” AMPATUAN JR. (AND OTHER RELATED COMPLAINTS
AGAINST THE AMPATUANS)
YEAR 2009
November 26 Datu Andal “Unsay” Ampatuan Jr. undergoes inquest
proceedings at the General Santos City airport before being
transported to Manila.
December 1 The Department of Justice (DOJ) special prosecution panel led
by Senior State Prosecutor Leo Dacera III files the first batch
of Informations (25 cases) for multiple murder against Unsay
Ampatuan before Cotabato Regional Trial Court (RTC) Branch 15.
The Supreme Court assigns Tacurong RTC Judge Milanio

Guerrero as special judge to handle the case in Cotabato City.
December 3 The DOJ panel asks the Supreme Court to transfer the venue
of the case to a court in Metro Manila. The Freedom Fund for
Filipino Journalists (FFFJ) and the National Union of Journalists of
the Philippines also request the same on Dec. 7.
Accused Unsay files a petition for bail before the Cotabato City
RTC. On Dec. 4, Judge Guerrero holds in abeyance the hearing
on the petition pending an SC resolution on the petition for
transfer of venue filed by the prosecution.
December 7 DOJ panel files opposition to Unsay’s petition for bail.
December 8 Sitting en banc, the Supreme Court grants the petition for
change of venue. The prosecution learns of the decision on Dec.
10.
December 9 Additional 15 Informations are filed before the RTC of Cotabato
City.
December 18 DOJ panel in Manila headed by Senior State Prosecutor Rosanne
Balauag holds the first hearing in the preliminary investigation
on two new complaints naming other possible respondents
(still including Unsay) filed separately by the Philippine National
Police-Criminal Investigation and Detection Group (PNP-CIDG)
and the National Bureau of Investigation (NBI).
December 21 Additional 16 Informations are filed before the RTC in Quezon
City Branch 221. This brings to 56 the total counts of murder filed
against Unsay.
(The murder case for UNTV anchor Victor Nuñez has yet to be
filed. The delay came from the dispute over the identities of
some remains of the Maguindanao massacre victims.)
(Under Philippine law, no case can be filed for Midland Review

photographer Reynaldo “Bebot” Momay because fact of death
cannot be established. Momay’s body has not yet been found.)
December 28 The second hearing in the preliminary investigation is held.
33

YEAR 2010
January 5 Unsay is arraigned for 41 counts of murder, to all of which he
pleads “not guilty.”
The 15 Informations filed on Dec. 9 are still with RTC Cotabato,

pending an SC resolution stating these Informations are
included among those transferred to the QC RTC.
The RTC also hears Unsay’s petition for bail. The first prosecution
witness for the bail proceedings is lawyer Ricardo Diaz of the NBI.
Lawyer Herminio Harry Roque files in behalf of his clients a

motion to transfer Unsay from the NBI detention center to the
Quezon City Jail. The motion did not bear signatures of the
public prosecutors, as required under the rules of court.
January 13 The prosecution presents Ampatuan town vice-mayor Rasul
Sangki, who allegedly saw Unsay order and lead the killing of
at least 57 people on Nov. 23, 2009. He testifies that he was
called to Sitio Masalay by Unsay Ampatuan to participate in the
killings.
He is the first prosecution witness to testify on Unsay Ampatuan’s

presence at the massacre site.
January 18 Private prosecutors Nena Santos and Prima Jesusa Quinsayas,
with the agreement of public prosecutor Al Calica, file a motion
before the RTC Cotabato City Branch 15 asking the same to
transmit court records of the 15 Informations for consolidation
with the 41 being heard before the RTC Quezon City Branch 221.
January 20 The prosecution presents the videographer who took footage of
the retrieval of the corpses and vehicles on Nov. 24 and 25, 2009.
January 27 The prosecution presents Mohammad Sangki, uncle of Vice-
mayor Rasul Sangki. Mohammad’s testimony corroborates
Rasul Sangki’s claim that Unsay was among those who
massacred the members of the Mangudadatu convoy including
32 media workers.
The prosecution presents representatives from Smart and

Globe telecommunications to verify the time and date of the
calls allegedly made by Bai Genalin “Gigi” Mangudadatu to her
husband, Buluan town Vice-mayor Esmael “Toto” Mangudadatu,
when the former’s convoy was blocked by Unsay and armed
men.
The prosecution presents Toto Mangudadatu. He testifies on the

political history of the Ampatuan and Magudadatu clans, and on
the motive for the massacre.
34

February 3 Judge Jocelyn Solis Reyes announces receipt of the 15

Informations from the Cotabato RTC. Accused Unsay is arraigned
for the same, to all of which he pleaded “not guilty.”
The presentation of Toto Mangudadatu continues.
The prosecution presents Dr. Ricardo Rodaje, the NBI

medico-legal officer who examined the remains of Gigi
Mangudadatu.
February 9 The DOJ Manila special panel of prosecutors handling the
additional NBI and CIDG complaints on the Maguindanao
massacre files Amended Informations for multiple murder
against Unsay and 196 perpetrators including his father Andal
Ampatuan Sr.
February 10 The bail proceedings are suspended but will continue on
Feb. 24, in light of the filing by the DOJ panel of the amended
Informations naming 196 additional accused. The deferment was
requested by the defense.
February 24 Judge Reyes announces the indefinite postponement of the bail

proceedings, pending resolution of motion for recusation filed
by the lawyers of Unsay Ampatuan, motion to admit Amended
Informations filed by the prosecution, and other pending
motions filed by the defense.
As of March 19, the bail proceedings were still suspended.
35
Impunity in the Philippines

by Melinda Quintos de Jesus
36
O
N MAY 21 to 23, 2007, the Southeast Asia Press Alliance convened the
first meeting of international legal academics along with lawyers and
advocates of media freedom of expression in Thailand, Indonesia and
the Philippines to explore the possibility of organizing more effective ways
of providing for legal defense of journalists in the region. That first meeting
planned a series of conferences, the first of which was held in Hong Kong. In
2009, the second Media Defense Litigation Conference was organized by the
Manila-based Center for International Law in Cebu last Oct. 27 to 29.
In her address to the conference, Center for Media Freedom and Responsibility
(CMFR) executive director Melinda Quintos de Jesus reviewed some aspects
of impunity as experienced in the Philippines, pointing out that the Philippine
context may be found also in countries where governments officially control the
media and restrain civil liberties or in developing democracies where policy and
implementation have yet to create a coherent framework for their protection.
I think it is important that we keep the issue of impunity firmly rooted in the
broad landscape of concerns for media defense. Understanding impunity will
force a more varied response to attacks and threats against the press as an
institution and against individual journalists. Hopefully, it will be a societal
response, involving various sectors in the defense and support of the press as
an institution which serves as a pillar of democracy as a political system and
as a vital feature of democracy as a way of life.
The word “impunity” refers to the failure of the state to punish criminal and
unlawful conduct. But the impact of that failure, or the result, may not always
be fully understood. We need to realize that such consistent failure evolves
into a state of lawlessness, the repeated and cyclical experience of crime from
day to day, its perpetration permeating and corrupting every system and
contaminating even the most routine transactions of daily life. Discussing
media defense without mention of impunity is to ignore and refuse to talk
about the proverbial 800-pound gorilla in the room. It is a failure to recognize
the monster in our midst.
Some of you attended the International Conference on Impunity in Manila in

2008. That meeting presented the parallel experiences of continuing attacks
and threats against the press in countries on the two sides of the Pacific—
Latin America and the Philippines. We saw then how The Inter-American Press
37
Association had succeeded in joining their different organizations together to

act as a united front to defend la libertad de la prensa in any country in Central
and South America where their members are besieged.
Killings and Other Attacks and Threats
In the Philippines, attacks and threats against journalists persist in various

forms. The killing of journalists is an outrage and a scandal, especially when
seen against the libertarian breadth of our laws to protect freedom of
expression and press freedom. There have been years where the numbers of
Filipino journalists killed were comparable to those killed in Iraq when that
country was at war.
No one was counting those slain during the period of Martial Law for obvious
reasons. But the exercise has become quite systematic with the restoration of
democracy and the opening up of democratic space. CMFR first conducted
an analysis of reported cases of the killings in 1991, five years after the fall of
the Marcos dictatorship. CMFR recorded 32 killings from 1986 when People
Power events in February toppled the Marcos dictatorship up to August 1991.
Twenty-two of these cases were classified as deaths in the line of duty. The
facts could not be conclusively determined for six other murders and personal
issues were involved in four. At the time of our report, no assassin in any of
these cases had ever been brought to trial.
Twelve years later, in January 2003, a network of media associations and

media NGOs joined to form a network called the Freedom Fund for Filipino
Journalists (FFFJ) to provide assistance for legal defense and prosecution of
cases of killings and humanitarian assistance to families of the slain.
Since then, FFFJ has extended support for victims of the slain as well as for
prosecution of cases and brought the suspects in two murders in Mindanao
to trial and conviction, the killers of Edgar Damalerio in Pagadian City,
Zamboanga del Sur and Marlene Esperat in Tacurong City, the province of
Sultan Kudarat. The latter case is still in court on a second phase to prosecute
the suspected masterminds, the first time ever that alleged masterminds have
been identified and brought to trial. Unfortunately, the police have not been
able to arrest the suspects. FFFJ support has also been given to 10 other cases
still being tried in court.
38
The killings have continued and the current count now totals 167, of which
114 have been determined by CMFR as work-related.
Obviously, our efforts have not put a stop to killings. We expect that these
will continue because successful trials, while constituting a significant part of
what needs to be done, are only a small part of the solution.
The Culture of Impunity
The killing of journalists is a horror. But this must be seen as yet another facet
of the culture of violence, a reflection of a conflict-ridden society, without the
corrective and stabilizing force of the rule of law. Impunity (the failure of the
state to punish) is what allows the perpetrators of evil to evade and escape
the reach of law and thereby to persist at the very core, the heart of society.
This culture cannot be changed in just a few years.
I know now that in my lifetime, we will be able to claim only small victories.
A paid assassin may spend the rest of his life in jail. A hired gun is captured
and kept out of the business of death-dealing. But I do not imagine that these
cases have dented the supply of available hired killers.
The killing of media members holds up the mirror to the failure of the state to
enforce the law, and the floundering of a flawed and decrepit judicial system.
As advocates for press freedom, we have had to step into unknown territory
and go beyond the usual tasks of advocacy: to publicize or plead the cause
of another, to espouse and call for justice in the name of the latest victim, to
keep the names of the dead alive while his or her killer runs free.
FFFJ raises money for prosecution; its members observe trials, and visit with
witnesses to try and sustain their commitment to testify. We identify legal
counsels. We document and we report the progress or lack of progress in the
cases. I am aware that however futile some of these motions may be, there
would be even less of a chance of bringing a journalist’s killer to court without
these efforts.
39
Weaknesses of Legal Education
Like many of the most serious problems in this country, we run against a wall
of contradictions and situations laden with deep irony. In this country, we
celebrate a free and vibrant press the celebrity members of whom are lionized
and celebrated. But the same country has been ranked with countries at war
for the number of journalists killed.
In this country, we are not short of lawyers, in quality or quantity.
The Integrated Bar of the Philippines counts over 50,000 lawyer members.
Each year, some 100 law schools graduate an average of 1,400 who will review
for the bar exams. While there are numerous lawyers, a relatively small number
have made themselves available to do media defense or have the experience
to litigate these cases. The lawyers who work for established national news
organizations are often experts in corporate law who then take on the
defense of the company and its members, when libel charges take them to
court. Government has created more congressional districts so there are more
lawmakers in parliament. But such legal abundance has not saved us from the
serious deficit in “the rule of law.”
It may be offensive to describe the national situation in these terms in a lawyers’

forum. But this is a reality that lies at the heart of the problem that has brought
us together here for the next three days.
In one of CMFR’s initial meetings with lawyers, we ventured to examine the

legal education curriculum, the way law schools educate Filipino lawyers and
judges. We found that another weakness lies in the failure of these schools to
incorporate more effectively courses in freedom of expression.
And so, I remind this forum that we need still to call on lawyer academics to
work with us in creating curricula that will create liberal legal minds, not just
law students who will pass the bar.
The pursuit of the suspected masterminds in the killing of Esperat has taken
legal teams to courts in three provinces in the South, including the courts here
in Cebu. I will not take your time with the legal niceties of this case. But I am
sure you will agree when briefed on these cases that the lawyers on the side of
40
the defense have well earned their keep, using every legal technicality to keep
the suspects out of court.
Weakness of Witness Protection Program
Another irony in this law-forsaken country is the weakness of our witness

protection program. In this country, quite a bit of time is given to talk. We
talk a lot and pass on information—“You know. . . but it didn’t come from
me. . .” Many people know. But the police seem to be the last to know. In
such a situation, it is easy to understand why there are few who are willing
to testify. Truth-telling, testifying and witnessing take these individuals on
perilous ground. A witness protection program must beg for funds to provide
the witnesses for their needs. In the case of the Damalerio killing, one of the
witnesses was killed before he could testify.
In the cases FFFJ has assisted to bring to court at this point, two witnesses
have recanted, pressured by relatives who have been pressured by the other
side. Witnesses in two other cases have experienced various pressures to
shake down their testimonies. Even with the best support to protect them,
witnesses are robbed of their own lives as they knew it, and one can imagine
the burden of loss of their plans and dreams for the future. In a culture where
there is no rule of law, those affected by their testimony will always have the
capability to attack and to threaten them for the rest of their lives.
Co-optation of the Press
Finally, there is the most disturbing irony that involves the members of the
media community. In the case of Alexander “Lex” Adonis, who served a prison
sentence for libel, no less than a national press organization was reported to
have been involved negotiating his release from prison if he publicly apologized.
Upon his release, these colleagues asked him to appear with the politician who
had filed the charges in a press conference. But Adonis refused.
There are many in the press community who remain unperturbed by the
number of their colleagues who have been killed, imprisoned for libel, or
banned from coverage of public officials or entry to public offices. The way
41
they see it, it will not happen to them. They believe it happens only to those
who are irresponsible—or they blame those who do not want to work within
the system: “Those who are killed or taken to court for libel were asking for it.”
A Policy of Indifference
In the early 1990s when CMFR first scrutinized the pattern of impunity, I
concluded that the killings were not a matter of official policy to suppress
dissent and to silence critics. I saw the attacks as symptomatic of the
prevailing environment of violence and lawlessness; and the media and press
community, being an unusually large and visible presence in the country, had
become moving targets for those disturbed by their carp and criticism. With
available funding, CMFR has cooperated with the national media associations
to provide training and ethics and advocated for a more stringent scrutiny
of broadcast blocktimers, who may not be as strictly held by professional
disciplines, since they are independent buyers of media time.
But in the second decade of our efforts, even as we worked to cooperate

more with government task forces in the Philippine National Police and the
Department of Justice, we have found dedicated and committed response to
cases brought to their attention the exception rather than the rule. More often
than not, we are lectured about their efforts, asking that these be given some
media attention. As for policy messages, we have heard enough of dismissive
statements of “fly-by-night” journalists and abusive members of the press, not
to read the sub-text clearly: Erring members of the press are to blame.
I can only conclude that the policy in operation, despite statements to the
contrary, is one of gross indifference.
Conclusion
Yes, I am resigned now only to small victories. But these small victories
will make possible the hope for tomorrow. So even with this despairing
acknowledgement, I would have to say that we cannot, we will not give up
on our efforts. Rather we need to sustain the momentum of what we have
started on all sides, the legal activism, the case research and the strategies for
improved advocacy.
42
We also need to understand better how both sectors or systems work. This
conference agenda shows more inputs from advocate groups and members
of the press, and we hope we have done our part to help the lawyers in their
tasks.
But such interaction needs to continue through the different cases, and the
varying levels of experience of attacks and threat. These efforts must include
the creation of mechanisms that will make media literacy an instrument of
more vigorous defense, and legal literacy to become part of the knowledge
of journalists and the rest of the public. Such knowledge-sharing will raise
another learning curve in making our democracy work.
In the end, this cooperative engagement must bring to birth a network of

lawyers who are going to be willing and able to take up the cases as they arise,
anywhere in this archipelago and throughout the region.
So I thank all those who have made this meeting possible. May we all be
blessed with knowing that the work we do now will make possible the success
of those who follow in our paths.
43
The Prosecution and the Media:

Getting Their Act Together
by Leo Dacera III and Prima Jesusa B. Quinsayas
44
The Prosecution and the Media: Getting Their Act Together
“Cases are won in the courtroom…”
T
HIS IS A statement often made whenever the question of the role of
media coverage of a case is raised.
Yes, there is no denying that it is the drama within the courtroom that matters
most: the pleadings and motions filed, the evidence presented, the objections
by opposing counsel, the words and phrases that see print in the so-called
TSN (transcript of stenographic notes), and the legal strategy used to establish
proof beyond reasonable doubt, or to counter the same.
And yes, the number of times a prosecutor or defense counsel gives an

interview on television or over the radio or for publication does not do much
in ensuring a case is won.
That does not, however, mean media coverage has no role in ensuring the
successful prosecution of a case.
In the Philippines, the accused in most cases of media killings pending before
the courts either has political clout or is someone hired by one with such clout.
In a country where political influence usually means economic power as well,
the prosecution finds in media an ally against possible legal maneuverings
that can and, in fact, do take place off-court.
With graft and corruption permeating almost all levels of governance—a

fact that people tongue-in-cheek call “an open secret”—legal maneuverings
are not impossible and certainly not new. Stories abound of witnesses
threatened or bought off to execute affidavits of recantation, as do those
of people paid to bear false witness. There are also instances of witnesses
being told to remain silent lest they want to risk their lives and those of their
loved ones. Common, too, are reports on law enforcement agencies’ failing to
serve warrants of arrest, not securing much needed evidence or attempting
to whitewash the whole case. Even prosecution is not spared as there are
incidents of prosecutors administering oaths (usually of recanting witnesses)
under suspicious circumstances.
How do such legal maneuvers affect prosecution?
45
The strength of the prosecution’s case can be weakened in cases of recantations

as the same would mean one less prosecution witness. Private complainants
can also recant and opt to settle for a compromise with the accused. Under the
law, media killings are classified as public crimes and therefore theoretically
can be prosecuted by the State even without a private complainant. In reality,
though, the absence of a private complainant affects prosecution efforts and
in some cases has lead to the dismissal of the case against the accused as
what happened in the murder case of Philip Agustin.
When it is eyewitnesses who recant, things get even worse for the prosecution
as the number of eyewitnesses in media killing cases is usually very few, ranging
from one to three. In the murder case of Herson “Boy” Hinolan, two out of
three witnesses recanted. This appears to have come at a most inauspicious
time and under suspicious circumstances. Administrative charges have been
recommended against the prosecutor who assisted the witnesses in executing
their affidavits of recantation.
A common snag in prosecution efforts is the failure to arrest the accused,

especially when he is an influential person or has resources that can “persuade”
arresting authorities to delay his arrest. This results in the court’s not acquiring
jurisdiction over the person of the accused, which in turn affects its jurisdiction
over the criminal case itself. Thus, a number of media killing cases are idle,
unable to move forward as the arraignment of the accused is dependent on
his arrest. This is the status of the cases of the suspected masterminds and
killers of Marlene Esperat and Dennis Cuesta.
How can the media help?
A vigilant media that keeps close watch over cases of media killings can help
in various ways:
• It discourages people from consenting to be part of underhanded
legal maneuvers;
• It catches the commission of these maneuvers and brings the
same to the attention of those in authority; and
• It compels those in authority to hold the perpetrators of such acts
responsible.
46
The Prosecution and the Media: Getting Their Act Together
Vigilant media coverage goes beyond simple factual reporting of the who-
said-what variety. It also means assigning journalists who have familiarized
themselves with legal jargon and criminal procedure, or who have at least
taken the trouble to consult someone who knows when double-checking his/
her facts. Such coverage must be able to see through juicy sound bites and in
the process identify the crucial turning points of a case.
The ideal media coverage is one that does not take the bait, usually packaged
with drama and flair but which contains little substance, that should have
otherwise enriched people’s knowledge of the case, or provide airtime or
print space to prosecutors who see themselves as celebrity lawyers but hardly
contribute to the building or strengthening of the case.
The ideal media coverage also includes providing updates and reminders
on the status of the case, especially one that has dragged on and has been
overtaken by more recent events. It also includes contextual reporting that
takes into consideration the nuances of the place where the crime happened
and the interplay of political and economic relations between and among the
parties involved.
Media coverage helps sustain public interest without bordering on trial

by publicity (as the accused does have a right to a fair trial). Aside from its
tendency to highlight the drama in and of a case, media coverage should also
have the effect of keeping the parties on their toes.
Sustained and responsible coverage would remind the courts that media and
the public are keeping watch; thus, it serves as a constant cue for the courts to
be fair, just and impartial.
The prosecution will remain primed and prepared in its work to secure the
conviction of those who are guilty and, in doing so, attain justice.
As for the defense, such coverage can serve to discourage any devious exploits
lest the defense is tempted to pull off sneaky legal maneuvers that would
undermine prosecution and defeat the judicial process.
Can such media coverage help secure successful prosecution? Yes, as it can
help ensure that the legal battle that happens in the courtroom is free of off-
47
court deceitful legal maneuverings that would unfairly tilt the balance in favor
of those who orchestrated the same.
The process of securing justice in the Philippine judicial system is one that has
been described as “inter-generational.” But it is not unattainable. As one lawyer
who recently lost a father and a lawyer-sister in the infamous Maguindanao
massacre wryly commented, “The wheels of justice may be square, but they’re
moving.”
_______________________________________________________________
Senior State Prosecutor Leo Dacera III is the director of the Department of
Justice Witness Protection Program. Dacera has worked on several media
murder cases including the case of Marlene Esperat and the Ampatuan
Massacre case.
Prima Jesusa Quinsayas is the legal counsel of the Freedom Fund for Filipino
Journalists.
48
49
Protecting Witnesses
for the Prosecution
50
Protecting Witnesses for the Prosecution
T
HE CONTINUING MURDER of Filipino journalists/media practitioners
indicates how much the culture of impunity in the Philippines has
flourished—one more result of the systemic weaknesses of the country’s
justice system. In addition to the government’s lack of political will, inefficient
law enforcement, prosecutors burdened with impossible case loads, the
primitive state of forensic investigation, and the poorly-funded witness
protection program are responsible for the culture of impunity.
The prosecution of criminal cases including media murders in the Philippines

relies heavily, sometimes solely, on testimonial evidence rather than forensic
evidence, the result of the rudimentary—and sometimes careless—processing
and gathering of physical evidence by law enforcement agencies. Investigators,
prosecutors and lawyers try to gather extensive and comprehensive testimonial
evidence to make up for the lack of physical evidence, and their unreliability
if available. The families and colleagues of slain journalists have also been
burdened with the task of locating possible witnesses for the prosecution of
the suspected killers of their kin.
In the murder case against the alleged killer of Davao-based radio blocktimer
Fernando “Batman” Lintuan, the testimony of the lone witness, described by
the court judge as “ridiculous and unbelievable,” contributed most to the
dismissal of the case and the acquittal of the suspect last April 22, 2009. The
prosecution had failed to present additional evidence to corroborate the
testimony of its lone witness.
On Christmas eve more than two years ago (Dec. 24, 2007), Lintuan was shot
to death by a lone assassin.
What happened in the Lintuan case was not unusual. Many other media
murder cases, like the 2003 killing of another Davao City broadcaster, Juan
“Jun” Pala, never even reached the courts because no witness dared to come
forward.
Securing witnesses
Convincing witnesses to testify in court—especially in cases involving

powerful personalities—is itself as problematic as finding them.
51
In a country of guns for hire and indifferent law enforcement, witnesses naturally
demand assurance that they and their families will be safe from retribution.
Many witnesses also worry about their socio-economic situation—the loss of
their jobs, their relocation, and problems with daily finances (especially for
those who will be admitted to safe houses).
Many witnesses can’t be blamed if they think twice about going into the
tedious trial process. In the Philippines, murder trials last for years. In some
cases, witnesses have died without testifying. Those who do survive end up
totally spent.
All these concerns about the protection of and support for witnesses and
their families should have been addressed by Republic Act (RA) No. 6981, also
known as the “The Witness Protection, Security and Benefit Act of 1991.” RA
6981 mandates the creation of the government’s Witness Benefits, Security
and Protection Program, commonly known as the Witness Protection
Program (WPP).
But in reality, the government witness protection scheme is limited in scope

and poorly-funded. WPP director Senior State Prosecutor Leo Dacera III in his
report on the weaknesses and limitations of the state-run witness protection
program published in Center for Media Freedom and Responsibility’s
(CMFR) Philippine Press Freedom Report 2008 pointed out that support for
the prosecution services especially in the field of protecting witnesses has
declined over the years despite an increase in the number of murder cases.
“Although we recognize that in a developing country like ours the witness

protection program and the prosecution service will always have to stand in
line for scarce resources which must first be devoted for our people’s basic
needs, the issue should be properly addressed soonest before we reach the
point where the problems become so huge and so many they compromise
the capacity of the system where prosecution of the cases of slain journalists
becomes nearly impossible,” Dacera said.
Not all witnesses are qualified for the government’s witness protection
program. RA 6981 states that: “Any person who has witnessed or has
knowledge or information on the commission of a crime and has testified
or is testifying or about to testify before any judicial or quasi-judicial body
52
Protecting Witnesses for the Prosecution
or before any investigating authority, may be admitted....” provided that he/

she passed the criteria laid out by Section 3. The criteria are: (1) the case the
witness will testify for is considered a “grave felony” as defined in the Revised
Penal Code; (2) his/her testimony “can be substantially corroborated in its
material points”; (3) s/he and his/her family are under threat; and (4) s/he is
not a law enforcement officer.
The government’s inability to address the needs of witnesses has made some
witnesses vulnerable to the influence of the accused. In 2008, two witnesses
in the 2004 killing of Aklan-based broadcaster Herson Hinolan recanted. Both
witnesses expressed in their affidavit of recantation uncertainty that the alleged
gunman-mastermind was the one they saw shooting the broadcaster. One of
these witnesses had allegedly been convinced by his relatives to withdraw
his testimony in exchange for “help” from the defendant. (The broadcaster’s
widow has since filed an administrative case against the state prosecutor who
signed the witnesses’ affidavits of recantation.)
Many also doubt the capacity of the government’s witness protection program
to protect them. It does not help that some witnesses have been killed as
some cases were progressing. In 2005, a key witness in the murder of Pagadian
city-based journalist Edgar Damalerio—Edgar Ongue—went into hiding after
Edgar Amoro, another witness in the Damalerio killing, was himself killed.
A gunman killed Amoro in February 2005, allegedly for identifying former
policeman Guillermo Wapile as the shooter of Damalerio. The Amoro family
reported that he had been receiving death threats since May 2002 from Wapile
and his accomplices. It took the intervention of the Freedom Fund for Filipino
Journalists (FFFJ) before the families of Damalerio, Ongue and Amoro could
be moved to a secure location. (The Cebu City Regional Trial Court convicted
Wapile on Nov. 25, 2005.)
Improving protection of witnesses
The inadequacies of the state-run witness protection program have compelled

witnesses in media killings to refuse to testify in court. Media advocates and
press groups have realized the importance of witnesses in the prosecution of
cases and the urgent need to protect them and their families as well.
53
CMFR and FFFJ regularly consult and talk with witnesses, families, and other
relatives of slain journalists to reassure them of continuing support, morally,
legally and financially. Established in 2003, FFFJ is a coalition of six media
organizations formed to address the continuing attacks against journalists
and media practitioners. CMFR serves as the FFFJ Secretariat.
FFFJ has also expanded the coverage of its legal assistance to include key
witnesses in ongoing cases against the killers of journalists/media practitioners.
It has also worked closely with the prosecution teams handling media murder
cases to address the problem of impunity.
Media organizations have offered monetary assistance for persons who

choose to testify in cases involving the killing of their employees.
Press freedom advocates have also joined civil society organizations in

pushing for a better budget for the state-run WPP. In December 2008, the
Senate approved a P30-million increase in the proposed budget of the WPP.
Senator Richard Gordon, in a December 2008 press release said that “A well-
funded protection program is an indispensable requirement for the successful
resolution of heinous crimes, such as murder, kidnapping-for-ransom and
drug trafficking.” (Approved last March 2009, the 2009 General Appropriations
Act or RA 9524 reflected the senate proposal to increase the WPP budget
by P30 million. For 2009, the fund reached P114 million, compared to the
approximately P84 million it received the previous year. )
54
FILIPINO JOURNALISTS/MEDIA WORKERS KILLED IN THE LINE OF DUTY SINCE 1986
AS OF JANUARY 2010
Region of
No. Date of Death Name News Organization / Place of Killing
Place of Killing
1 1986-Apr-24 Pete F. Mabazza Manila Bulletin / Tuguegarao City, Cagayan Region II
2 1986-Apr-25 Wilfredo Vicoy Reuters / Tuguegarao City, Cagayan Region II
3 1987-Mar-24 Virgilio Pacala Manila Hotline / San Pablo, Laguna Region IV-A
4 1987-Apr-12 Dionisio Perpetuo Joaquin* Olongapo News / Olongapo City, Zambales Region III
5 1987-Aug-27 Narciso Balani dxRA / Davao City, Davao del Sur Region XI
6 1987-Aug-27 Rogie Zagado dxRA / Davao City, Davao del Sur Region XI
7 1987-Aug-27 Leo Palo dxRA / Davao City, Davao del Sur Region XI
8 1987-Aug-27 Cesar Maglalang dxRA / Davao City, Davao del Sur Region XI
9 1987-Aug-28 Martin Castor Pilipino Ngayon / Manila NCR
10 1987-Oct-04 Ramon Noblejas dyVL / Tacloban City, Leyte Region VIII

Kyodo news service, Washington Times,
11 1987-Oct-10 Leo Enriquez III Region VII
People’s Journal / Cebu City, Cebu
Mindanao Scanner / Tagum City, Davao del
12 1988-Mar-29 Noel Miranda Region XI
Norte
13 1988-Aug-12 Ruben R. Manrique** Luzon Tribune / Balanga City, Bataan Region III
14 1988-Oct-30 Josef Aldeguer Nava Visayan Life Today and dyRP / Iloilo City, Iloilo Region VI
15 1989-Oct-17 Severino Arcones dyFM-Bombo Radyo / Iloilo City, Iloilo Region VI
16 1989-Dec-01 Eddie Telan Newscaster / Quezon City NCR

The Luzon Times, The Midway Star / Lucena
17 1990-Feb-4 Enrique Lingan Region IV-A
City, Quezon
Mindoro Weekly Reporter / Pinamalayan,
18 1990-Feb-6 Joseph "Joe" Kreuger Region IV-B
Oriental Mindoro
Northern Sierra Madre Express / Timauini,
19 1990-May-15 Reynaldo Catindig Sr. Region II
Isabela
20 1990-Jul-08 Jean Ladringan Southern Star / General Santos City Region XII
Panguil Bay Monitor / Ozamiz, Misamis

21 1991-Apr-14 Nesino Paulin Toling* Region X
Occidental
22 1992-Jul-01 Danilo Vergara Philippine Post / Iligan, Lanao del Norte Region X
Prenza Zamboanga / Zamboanga City,
23 1992-July-3 Abdulajid "Jade" Ladja Region IX
Zamboanga del Sur
24 1992-Sep-21 Rev. Greg Hapalla dxAS / Zamboanga City, Zamboanga del Sur Region IX
55
Region of
Place of Killing
25 1992-Dec-02 Gloria Martin dxXX / Isabela, Basilan ARMM
26 1993-Jan-11 Romeo Andrada Legaspi Voice of Zambales / Olongapo City, Zambales Region III
Press Freedom / Dipolog City, Zamboanga del
27 1996-Feb-12 Ferdinand Reyes Region IX
Norte
28 1996-Dec-15 Alberto Berbon* dzMM / Imus, Cavite Region IV-A
29 1997-Jun-03 Daniel J. Hernandez People's Journal Tonight / Quezon City NCR
30 1997-Dec-17 Regalado Mabazza Polaris cable network / Cauayan, Isabela Region II
31 1998-Feb-15 Odilon Mallari* dxCP / General Santos City Region XII
32 1998-Mar-29 Rey Bancairin dxLL / Zamboanga City, Zamboanga del Sur Region IX
33 1998-Oct-30 Dominador "Dom" Bentulan dxGS / General Santos City Region XII
dxKR Radyo Agong / Koronadal, South
34 1999-Jan-21 Bienvenido Dasal Region XII
Cotabato
dwYB-Bombo Radyo / Bacolod City, Negros
35 1999-Apr-25 Frank Palma* Region VI
Occidental
36 2000-May-23 Vincent Rodriguez dzMM / Guagua, Pampanga Region III
37 2000-Nov-17 Olimpio Jalapit dxPR / Pagadian City, Zamboanga del Sur Region IX
38 2001-Jan-03 Rolando Ureta *** dyKR / Kalibo, Aklan Region VI
39 2001-Feb-24 Mohammad Yusoph dxID / Pagadian City, Zamboanga del Sur Region IX
40 2001-May-30 Candelario “Jhun” Cayona** dxLL / Zamboanga City, Zamboanga del Sur Region IX
dxKP, Zamboanga Scribe, Mindanao Gold Star /
41 2002-May-13 Edgar Damalerio * Region IX
Pagadian City, Zamboanga del Sur
Rhode Sonny Esguerra Kokus, Celestron Cable TV / San Pablo City,
42 2002-Aug-22 Region IV-A
Alcantara Laguna
43 2003-Apr-28 John Belen Villanueva Jr. dzGB / Camalig, Albay Region V
44 2003-May-17 Apolinario "Polly" Pobeda*** dwTI / Lucena City, Quezon Region IV-A
45 2003-Jul-08 Bonifacio Gregorio Dyaryo Banat / La Paz, Tarlac Region III
46 2003-Aug-19 Noel Villarante** The Laguna Score, DZJV / Sta. Cruz, Laguna Region IV-A
47 2003-Aug-20 Rico Ramirez** dxSF / San Francisco, Agusan del Sur Region XIII
48 2003-Sept-06 Juan "Jun" Pala dxGO / Davao City, Davao del Sur Region XI
49 2003-Dec-02 Nelson Nadura dyME / Masbate City, Masbate Region V
50 2004-Feb-11 Rowell Endrinal*** dzRC, Metro News / Legazpi City, Albay Region V
51 2004-Jun-17 Elpidio “Ely” Binoya(+) MBC-DZRH Radyo Natin / General Santos City Region XII
52 2004-Jul-31 Roger Mariano*** dzJC / San Nicolas, Ilocos Norte Region I
56
Region of
Place of Killing
53 2004-Aug-05 Arnnel Manalo dzRH, Bulgar, Dyaryo Veritas / Bauan, Batangas Region IV-A
54 2004-Sept-29 Romeo Binungcal Remate, Bulgar, Mt. Samat Forum / Pilar, Bataan Region III
Eldy Gabinales, aka Eldy

55 2004-Oct-19 dxJR-FM Radio Real / Tandag, Surigao del Sur Region XIII
Sablas
56 2004-Nov-12 Gene Boyd Lumawag MindaNews / Jolo, Sulu ARMM
57 2004-Nov-15 Herson Hinolan *** dyIN - Bombo Radyo / Kalibo, Aklan Region VI
The Midland Review / Tacurong City, Sultan
58 2005-Mar-24 Marlene Esperat*/ *** Region XII
Kudarat
59 2005-May-02 Klein Cantoneros* dxAA / Dipolog City, Zambaonga del Norte Region IX
60 2005-May-10 Philip Agustin**/**** Starline Times Recorder / Dingalan, Aurora Region III
61 2005-Jul-05 Rolando Morales dxMD / General Santos City Region XII
62 2005-Nov-18 Ricardo Uy dzRS-AM / Sorsogon City, Sorsogon Region V
63 2005-Nov-20 Robert Ramos Katapat / Cabuyao, Laguna Region IV-A
64 2005-Dec-01 George Benaojan* dyDD / Cebu City, Cebu Region VII
65 2006-Jan-20 Rolly Cañete (+) dxPR / Pagadian City, Zamboanga del Sur Region IX
66 2006-Apr-02 Orlando Mendoza Tarlac Profile, Tarlac Patrol / Tarlac City, Tarlac Region III
67 2006-May-22 Fernando Batul*** dyPR / Puerto Princesa City, Palawan Region IV-B
68 2006-Jun-19 George Vigo dxND / Kidapawan, North Cotabato Region XII
69 2006-Jun-19 Maricel Alave-Vigo dxND / Kidapawan, North Cotabato Region XII
70 2006-Jul-18 Armando “Rachman” Pace* dxDS / Digos City, Davao del Sur Region XI
71 2007-Apr-18 Carmelo "Mark" Palacios dzRB / Sta. Rosa, Nueva Ecija Region III
Fernando "Batman" Lintuan
72 2007-Dec-24 dxGO / Davao City, Davao del Sur Region XI
(+)
UNTV / San Simon toll gate, North Luzon
73 2008-April-27 Marcos Mataro Region III
Expressway
74 2008-June-30 Fausto "Bert" Sison*** dzAT / Sariaya, Quezon Region IV-A
75 2008-Aug-7 Martin Roxas*** dyVR / Roxas City, Capiz Region VI
76 2008-Aug-9 Dennis Cuesta*** dxMD / General Santos City Region XII

dxRS - Radyo Natin / Gingoog City, Misamis
77 2008-Nov-17 Arecio Padrigao*** Region X
Oriental
78 2008-Dec-2 Leo L. Mila Radyo Natin / San Roque, Northern Samar Region VIII
79 2009-Feb-23 Ernesto Rollin*** dxSY / Oroquieta City, Misamis Occidental Region X
80 2009-Jun-9 Crispin Perez*** dwDO / San Jose City, Occidental Mindoro Region IV-B
57
Region of
Place of Killing
81 2009-Jul-27 Godofredo Linao*** Radyo Natin-Bislig / Barobo, Surigao del Sur Region XIII
Gold Star Daily / Ampatuan town,
82 2009-Nov-23 Bengie Adolfo*** ARMM
Maguindanao
83 2009-Nov-23 Araneta, Henry*** dzRH / Ampatuan town, Maguindanao ARMM
Mc Delbert "Mac-
84 2009-Nov-23 UNTV / Ampatuan town, Maguindanao ARMM
mac" Arriola***
85 2009-Nov-23 Rubello Bataluna*** ARMM
Maguindanao
86 2009-Nov-23 Arturo Betia*** Periodico Ini / Ampatuan town, Maguindanao ARMM
Romeo Jimmy "Palak" Midland Review / Ampatuan town,
87 2009-Nov-23 ARMM
Cabillo*** Maguindanao
News Focus, RPN - dxDX / Ampatuan town,
88 2009-Nov-23 Marites Cablitas*** ARMM
Maguindanao
Manila Star, Punto News / Ampatuan town,
89 2009-Nov-23 Hannibal Cachuela*** ARMM
Maguindanao
90 2009-Nov-23 Jephon Cadagdagon*** Saksi News / Ampatuan town, Maguindanao ARMM
Periodico Ini, Sultan Kudarat Gazette /
91 2009-Nov-23 John Caniban*** ARMM
Ampatuan town, Maguindanao
Socsksargen Today / Ampatuan town,
92 2009-Nov-23 Eleanor "Leah" Dalmacio*** ARMM
Maguindanao
Periodico Ini, Rapido / Ampatuan town,
93 2009-Nov-23 Noel Decena*** ARMM
Maguindanao
94 2009-Nov-23 Gina Dela Cruz*** Saksi Balita / Ampatuan town, Maguindanao ARMM
95 2009-Nov-23 Jose "Jhoy" Duhay*** ARMM
Maguindanao
96 2009-Nov-23 Jolito Evardo*** UNTV / Ampatuan town, Maguindanao ARMM
Mindanao Daily Gazette / Ampatuan town,
97 2009-Nov-23 Santos Gatchalian Jr.*** ARMM
Maguindanao
Prontiera News, Tingog Mindanao / Ampatuan
98 2009-Nov-23 Bienvenido Legarta Jr. *** ARMM
town, Maguindanao
Mindanao Daily Gazette / Ampatuan town,
99 2009-Nov-23 Lindo Lupogan*** ARMM
Maguindanao
Ernesto "Bombo Bart" Bombo Radyo-Koronadal City / Ampatuan
100 2009-Nov-23 ARMM
Maravilla*** town, Maguindanao
101 2009-Nov-23 Rey Merisco*** Periodico Ini / Ampatuan town, Maguindanao ARMM
Midland Review / Ampatuan town,
102 2009-Nov-23 Reynaldo "Bebot" Momay ARMM
Maguindanao
Marife "Neneng" Saksi Balita, dxCP / Ampatuan town,
103 2009-Nov-23 ARMM
Montaño*** Maguindanao
58
Region of
Place of Killing
104 2009-Nov-23 Rosell Morales*** News Focus / Ampatuan town, Maguindanao ARMM
105 2009-Nov-23 Victor Nuñez*** UNTV / Ampatuan town, Maguindanao ARMM

Prontiera News / Ampatuan town,
106 2009-Nov-23 Joel Parcon*** ARMM
Maguindanao
107 2009-Nov-23 Ronnie Perante*** ARMM
Maguindanao
108 2009-Nov-23 Fernando "Ranny" Razon*** Periodico Ini / Ampatuan town, Maguindanao ARMM
Alejandro "Bong" Manila Bulletin, Reuters / Ampatuan town,
109 2009-Nov-23 ARMM
Reblando*** Maguindanao
Clear View Gazette / Ampatuan town,
110 2009-Nov-23 Napoleon Salaysay*** ARMM
Maguindanao
Socsksargen Today / Ampatuan town,
111 2009-Nov-23 Francisco "Ian" Subang Jr.*** ARMM
Maguindanao
Mindanao Inquirer, People's Forum /
112 2009-Nov-23 Andres "Andy" Teodoro*** ARMM
Ampatuan town, Maguindanao
113 2009-Nov-23 Daniel Tiamzon*** UNTV / Ampatuan town, Maguindanao ARMM
114 2009-Dec-24 Ismael Pasigna*** B- 96 FM / Labason, Zamboanga del Norte Region IX
Legend:
* - with conviction
** - dismissed
*** - on trial
**** - archived
(+) - acquittal
59
About the Center for Media Freedom
and Responsibility
T
HE FORMATION OF the Center for Media Freedom and Responsibility
(CMFR) addresses one of the critical concerns confronting the Philippines
after People Power toppled the Marcos dictatorship in February 1986.
That concern calls attention to the power of the media and the role of the free
press in the development of Philippine democracy.
All over the world, press freedom has been found to be essential to the
democratic system. Effective participatory government is possible only when it
can count on a well-informed society where individuals freely exchange ideas,
where public debate and discussion arise from knowledge and understanding
of national affairs.
That freedom involves not only media professionals, but also the public served
by the media—public officials, the private sector, civil society groups, readers,
viewers and listeners—who receive information and are part of the cycle of
public communication. But freedom of the press, like all liberties, has its limits,
for the simple reason that it is vulnerable to abuse.
Democratic recovery confronts serious obstacles on the media front. The

press and the media need to exert special efforts to measure up as a collective
vehicle of information, as an instrument for clarifying complex issues and
dilemmas of development that the public should understand.
Against this background, CMFR was organized in 1989 as a private, non-stock,

non-profit organization involving the different sectors of society. Its programs
uphold press freedom, promote responsible journalism and encourage
journalistic excellence.
For more information about CMFR, visit http://www.cmfr-phil.org/.
60
61

CMFR Philippine Press Freedom Report 2009

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Philippine

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A grant from the Network Media Program of the

Melinda Quintos De Jesus

Melinda Quintos De Jesus

The Year That Was in the Philippine Press 1

The Ampatuan Massacre: More Than Crime 15

The Ampatuan Trial: Resolutions Pending 27

Impunity in the Philippines 37

The Prosecution and the Media: Getting Their Act Together 45

Protecting Witnesses for the Prosecution 51

List of Work-related Killings of Journalists 56

Largely unremarked in the media as well as in public discourse was the

So certain were the perpetrators of the November 23 massacre of high-

The Year That Was in the

The 32 journalists/media workers were covering the filing of the certificate of

A number of media organizations and journalists’ groups have warned

On Christmas eve 2009, a gunman on a motorcycle shot Ismael Pasigna—one

Balais believes the incident to be politically-motivated. He claims that he

The other journalists killed in 2009 were Mindoro Occidental lawyer-

Woo was sentenced to a maximum imprisonment of 14 years, eight months

Meanwhile, throughout the year, Presidential Task Force Against Political

Despite frequent announcements that the authorities would arrest the

In a resolution by Associate Justice Elihu A. Ybañez, the Twenty-first Division

Even as the government claims victories in what it describes as a crusade for a

The case of Joaquin Briones, journalist and publisher of a community

Aside from legal harassment, some government agencies have “infringed” on

In several dialogues with politicians, journalist and media organizations were

Meanwhile, the bicameral committee report on the proposed Freedom of

Simultaneously, the Committee to Protect Journalists also launched its Global

CMFR DATABASE ON THE KILLING OF

All journalists killed since 1986 by Motive

*More detailed information may be accessed

Journalists killed in the line of duty since 1986

The number of journalists/media workers who were killed jumped to 113

Journalists/media workers killed in the line of duty

Journalists/media workers killed in the line of duty since 1986

Filipino journalists/media workers killed in the

Filipino journalists/media workers killed in the

Journalists/media practioners killed in the line of duty since 1986

The Ampatuan Massacre:

What’s more, the Maguindanao massacre may be a foreboding of what may

An article by Philippine Daily Inquirer correspondent Aquiles Zonio said that

The Mangudadatus in several interviews said no member of the convoy was

The Mangudadatu convoy never reached the municipality of Shariff Aguak.

Thirty-two of the 36 journalists/media workers killed in the line of duty in 2009

“Naintindihan ko na hindi sila nagpaalam kasi biglaan ‘yung pag-invite sa kanila

Solinap’s business operations have been paralyzed. He plans to change the

declaration. Several groups including the fact-finding team of the FFFJ-NUJP-

In its report, the FFFJ-NUJP-MindaNews fact-finding team said that “The

Local media organizations immediately organized themselves to respond

Meanwhile, international media organizations and press freedom advocates

Forty-seven members of the International Freedom of Expression eXchange

Maguindanao massacre. In the letter addressed to Philippine authorities, the

Aside from protest actions, several media organizations also offered

families of the victims of the Maguindanao Massacre. The Lopez Foundation

PROFILE OF THE 32 MEDIA WORKERS KILLED IN

Victims of the Ampatuan Massacre

Scene of the Crime Operatives recovered 57 bodies. Thirty-one of the 57

Media Victims by Gender

Twenty-eight of the 32 media practitioners (or 88 percent) killed were male.

News organizations affected

Most of the journalists killed worked for Mindanao-based newspapers

The Ampatuan Trial: