Other Ampatuan family members suspects; arrests endorsed

THE DEPARTMENT of Justice has endorsed the arrest of other Ampatuan family members, including two high-ranking officials, as they are now considered suspects based on statements of witness, acting Justice Secretary Agnes VST Devanadera said on Friday.

This after she announced that multiple murder charges would be filed against Datu Unsay Mayor Andal U. Ampatuan, Jr. on Tuesday for the Maguindanao mass murder that left 57 dead, most of whom were journalists.

In a press conference, Ms. Devanadera said the government has enough evidence to arrest the other Ampatuan family members who have been placed in the state watch-list.

The family members are the mayor’s father Maguindanao Governor Datu Andal S. Andal Sr., brother and Autonomous Region in Muslim Mindanao Governor Zaldy "Puti" U Ampatuan and six others bearing the Ampatuan surname -- Akmad; Saudi, Jr.; Bahnarian, Jr.; Sajid Islam; Akmad "Tato" and Nords.

"They are under investigation. In a way they can be considered suspects already because of the statements of witnesses. It is now up to law enforcement authorities to arrest them since they are still in hot pursuit operations," Ms. Devanadera said, adding some witnesses have been personally involved in the murders and have tagged the mayor who personally gave directions during the process.

She said the arrest order has been endorsed to the Philippine National Police.

Meanwhile, she said two holidays prevented the filing of charges against Mr. Ampatuan -- Eid’l Adha in ARMM on Friday and Bonifacio Day, a nationwide holiday on Monday -- thus no charges have been filed in court after the 36-hour self-imposed deadline by the state to file charges ended Friday.

The government held the inquest -- conducted when a person is arrested without a warrant -- against Mr. Ampatuan on Thursday at the General Santos City airport.

Ms. Devanadera said the complaint was based on sworn statements from at least 17 witnesses, including several men from the Ampatuan side who confessed to taking part in the massacre, autopsy reports and photos of dead bodies.

She said the prosecutors noted the affidavit of Buluan Vice-Mayor Esmael G. Mangudadatu, who has claimed that his wife Jenalyn Tiamson called him by cellphone a few minutes before the massacre. The wife is one of the victims.

Terrorism

For reelectionist Senator Miriam Defensor-Santiago, terrorism, instead of multiple murder, should be filed against Mr. Ampatuan.

She said on Friday that the mass murders was an act of terrorism, "sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand."

Republic Act 9372 or the Human Security Act provides a penalty of life imprisonment "without the benefit of parole" for those found guilty or conspiring to commit the crime.

Noting that "the suspects were in effect spitting with impunity at the rule of law," she said the complaint should be amended to terrorism before Mayor Ampatuan enters his plea.

Ms. Santiago, however, said state prosecutors might have preferred to file a complaint for multiple murder instead of terrorism for fear that if the accused is acquitted, he can seek payment of damages of half a million pesos for every day of detention. The damages will be automatically charged against the police or the Anti-terrorism Council.

At the House of Representatives, a probe has been sought on the alleged sexual violence that women victims of the mass murder experienced.

In seeking the investigation, Gabriela party-list Rep. Liza L. Maza, who filed Resolution 139, on Friday, said in a statement: "Women victims in the Maguindanao massacre were massacred twice over -- their lives were brutally taken and they were sexually violated."

Ms. Maza said she filed the resolution amid reports of the Department of Justice that the 22 women victims were shot at sensitive parts. -- Ira P. Pedrasa, Bernard U. Allauigan and Jhoanna Frances S. Valdez