Kin of Maguindanao massacre victims seek disbarment of 2 lawyers

MANILA, Philippines - Relatives of the victims of the Maguindanao massacre last year asked the Supreme Court (SC) yesterday to disbar two lawyers who allegedly helped former Maguindanao Gov. Andal Ampatuan Sr. evade prosecution for his involvement in the killing of 57 people.

In a seven-page complaint, families of 14 of the victims urged the Court to remove from the Attorneys’ Roll lawyers Philip Pantojan and Rances Cynthia Guiani-Sayadi, who served as solicitor general of the Autonomous Region in Muslim Mindanao during the previous administration.

Citing the testimony of prosecution witness Lakmudin Saliao during the start of trial last Sept. 8, they alleged that the two lawyers were behind the strategy of faking the illness of Ampatuan to avoid his being detained together with other suspects in the massacre case when the province was placed under martial law after the massacre on Nov. 23, 2009.

They accused Pantojan and Sayadi of violating Canon 1 of the Code of Professional Responsibility, which provides that a lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law and legal processes.

The relatives said the two lawyers also violated Rule 1.02 of the Code, which states that “a lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system.”

“Respondents (Pantojan and Sayadi) participated willfully in conspiracy to cover up the direct participation of the Ampatuan clan patriarch. All indications point to the fact that respondents not only counseled Andal Sr. to escape prosecution by pretending that he was stricken with a serious illness, but even actively assisted his escape to Davao City,” read the complaint.

“The assisting of a client in a scheme which the attorney knows to be dishonest, or the conniving at a violation of the law, are acts which justify disbarment,” it added.

The complaint was filed by Editha Tiamzon, Zenaida Duhay, Juliet Evardo, Ma. Cipriana Gatchalian, Glenna Legarta, Arlyn Lupogan, Mary Jean Merisco, Catherine Nuñez, Noemi Parcon, Myrna Reblando and Erlyn Umpad.

Witness Saliao testified that Pantojan and Sayadi not only advised Ampatuan to escape prosecution by pretending he was stricken with a serious illness “but even actively assisted his escape to Davao City.”

They allegedly conspired with a certain Dr. Tahil Sulay to secure a medical certificate for the older Ampatuan.

Saliao, who claimed to have worked as a personal assistant to the former governor, told the Quezon City Regional Trial Court that on Dec. 4, 2009, the day then President Gloria Macapagal-Arroyo declared martial law in Maguindanao, Ampatuan escaped from the family mansion in Ampatuan town, where he had practically been under house arrest, and went to the mountains of Datu Hoffer in Cotabato in a convoy that included two ambulances.

The lawyers who joined Ampatuan, however, decided to instead proceed to the Davao Doctors’ Hospital.

The witness said sons of Ampatuan, including former ARMM Gov. Zaldy Ampatuan, knew of the plan to fake the health condition of the patriarch.

He said Zaldy was left in Shariff Aguak while his father proceeded to Cotabato City in a convoy of two ambulances and a Toyota Grandia van.

The older Ampatuan rode in one ambulance with Saliao who pretended to attend to him by putting oxygen mask on the Ampatuan patriarch to make it appear that he was gravely ill, while other members of the medical team were in the second ambulance. Pantojan and Sayadi rode in the van and followed the ambulances.

In his subsequent testimony on Sept. 16, Saliao testified that while detained at Camp Panacan in Davao City, the Ampatuan patriarch gave away P386 million to his supporters to bribe government witnesses, tamper with evidence and commit perjury.

The witness further testified that in one instance, he even personally counted P36 million in cash that Ampatuan Sr. had ordered him to get from Ustadz Farid Adas, the patriarch’s spiritual adviser, and Omar Sayadi, the husband of Sayadi, who was then the ARMM solicitor general.

The relatives of the victims also went yesterday to the Anti-Money Laundering Council to ask for an investigation on the alleged bribing spree by the Ampatuans.

They asked for an investigation of “personalities linked to the Nov. 23, 2009 Maguindanao massacre for violations of the Anti-Money Laundering Act.”

Saliao had testified that his former boss, while detained at Camp Panacan, gave P386 million to his supporters in an alleged bid “to bribe government witnesses, tamper with evidence and commit perjury.”

Among those who were allegedly bribed was former presidential adviser on Mindanao affairs Jesus Dureza, who already earlier denied the accusation.  

Money laundering case against Ampatuans

The relatives of journalists who were killed in the Maguindanao massacre filed money laundering charges against the Ampatuans as well as graft and corruption charges against several individuals led by former presidential adviser on Mindanao affairs Jesus Dureza.

In a six-page complaint filed before the Anti-Money Laundering Council (AMLC) of the Bangko Sentral ng Pilipinas, the complainants sought the investigation and prosecution of personalities linked to the massacre for violations of Republic Act 9160 or the Anti-Money Laundering Act of 2001 and RA 3019 or the Anti-Graft and Corrupt Practices Act.

Named respondents were former Maguindanao Gov. Andal Ampatuan Sr., former mayor Andal Ampatuan Jr., former Autonomous Region in Muslim Mindanao (ARMM) Gov. Zaldy Ampatuan, Mindanao Development Authority chairman Dureza, Ampatuan spiritual adviser Ustadz Farid Adas, former ARMM solicitor general Frances Cynthia Guiani-Sayadi and her husband Omar Sayadi, and Ampatuan lawyer Philip Pantojan.

The petitioners were Ma. Cipriana Gatchalian (wife of slain Santos Gatchalian Jr. of Davao-based Metro Gazette); Catherine Nunez (mother of UNTV reporter Victor Nunez); Zenaida Duhay (mother of Jose Duhay of Gold Star Daily in Tacurong City); Mary Jean Merisco (wife of Rey Merisco of Periodico Ini in Koronadal City); Glenna Legarta (wife of Bienvenido Legarta Jr. of Periodico Ini); Editha Tiamzon (wife of Daniel Tiamzon of UNTV); Juliet Evardo (mother of UNTV editor Jolito Evardo); Myrna Reblando (wife of Alejandro Reblando of Manila Bulletin in General Santos City); Noime Parcon (wife of Joel Parcon of Prontiera News in Koronadal City); and Erlyn Idalo Umpad (mother of the minor child of UNTV’s McDelbert Arriola.

Maguindanao massacre prosecutor dies

The Department of Justice (DOJ) reported that one of the state prosecutors handling the Maguindanao massacre case suffered a heart attack yesterday and died.

Senior State Prosecutor Leo Dacera III, 54, who is also director of the department’s Witness Protection Program (WPP), died on the way to Medical City in Pasig City before dawn after he suffered cardiac arrest at their home.

Dacera’s wake is being held at the Santuario de San Antonio Parish in Forbes Park, Makati City.

Justice Secretary Leila de Lima led the department in expressing grief over the DOJ official, whom she described as “very trustworthy.”

She also recalled that the Dacera was very passionate in handling the Maguindanao massacre case.

“Dinibdib niya ’yun masyado (He really took it to heart),” said De Lima.

Dacera also handled the Oakwood mutiny cases, cases against Jemaah Islamiyah and Abu Sayyaf members, and other terrorism and media killings cases.

De Lima said her chief-of-staff, lawyer Martin Menez, would temporarily replace Dacera as head of the WPP office.

“In the brief period that I got to know him as co-worker, he’s very decent and professional and passionate in handling WPP matters. He’s a great loss to the department,” she told reporters.