“Totally, military prevents him (the ARMM Governor) to come out,” Gogo told MindaNews.

MindaNews asked him to name the officials with the governor but Gogo declined to name them. He told MindaNews he is one of those who have been “hostaged” since Sunday.

In the ARMM regional headquarters in Cotabato City, majority of the heads of offices have not reported for work and are reportedly in the mansion where a “satellite office” is located.  The ARMM compound’s gates and buildings are now guarded by the 29^th IB from Maramag, Bukidnon.

The Maguindanao governo's mansion. MIndaNews photo by Froilan Gallardo

In Shariff Aguak, two armored personnel carriers are stationed near the Ampatuan mansions that are now heavily guarded by the military, specifically the 46^th Infantry Battalion, one of two battalions that was supposed to have been returned to Samar after a year-long stay in Maguindanao. But the troops, after an overnight stay in Samar, had to be called back to Maguindanao.

On the roadside kiosk near one of the gates of the ARMM governor’s mansion where armed CVOs (civilian volunteers organization) used to wait (soldiers now man it),  a huge tarpaulin is displayed, proclaiming “We love you Madame President. We want due process for the Ampatuans.”

From its watch tower inside the mansion, the ARMM governor’s men displayed  posters or sometimes held them when they saw journalists taking photographs or video footage. Their messages:  “We are hostages;” “Freedom is the most sacred right guaranteed by the Constitution;” “We still believe that ours is a gov’t of laws and not of men!” “To the legislators and the judiciary: are the bill of rights suspende? (sic);” “PGMA: Look at what your officials are doing us (sic)! Help us!”

MindaNews sought Eastern Mindanao Command chief Lt. Gen. Raymundo Ferrer to ask him about the alleged “hostaging” but he could not be reached for comment.

Outside a shack near the mansion, a statement written on  a discarded box reads “Stop suspecting Ampatuan.”


MindaNews photo by Froilan Gallardo

On the fence near the bus terminal, a white streamer has this message in red: “DOJ!!! Wag naman kaagad husgaan ang pamilyang Ampatuan dahil wala pa po kayong matibay na ibedensya laban sa kanila, at bakit Ampatuan lang ba kaaway nila? (DOJ!!! Do not judge the Ampatuans immediately because you do not have strong evidence against them. Also, are the Ampatuans their only enemy?) We love Ampatuan family. We support there (sic) family.”

The National Bureau of Investigation and Vice Mayor Mangudadatu of Buluan, Maguindanao had earlier filed a complaint for abduction, multiple murder, robbery and damage to property against Datu Unsay mayor Ampatuan, the principal suspect in the November 23 Ampatuan Massacre of at least 57 persons.  Eight other Ampatuans were included in the complaint.

The Department of Justice’s panel of investigating prosecutors on Tuesday filed before the clerk of court here an information for 25 counts of murder against Datu Unsay Mayor Andal Ampatuan, Jr., and several John Does.

But the panel resolved to “let subpoenas be issued” to the other Ampatuans --  the mayor's father, Datu Andal Ampatuan, Sr., patriarch of the Ampatuan clan and presently governor of Maguindanao; his brothers Datu Zaldy, the ARMM Governor and Sajid Islam, who was elected vice governor in 2007; his first cousins Nords  and Akmad; his brother in law and second cousin Akmad “Tato” Ampatuan, Sr., and Tato's sons Saudi Jr. and Bahnarin -- and other respondents “for them to submit their respective counter-affidavits and controverting evidence.”

The panel also resolved that the complaint for abduction “is absorbed in the crime of murder”  and with respect to other charges, “the parties are enjoined to submit additional evidence.”

As of  Wednesday afternoon, no subpoena had been issued against the Ampatuans. No search warrant has been issued, too. And no preventive suspension has been issued also on either the Maguindanao governor or the ARMM governor.

State of Emergency

Malacanang on November 24 issued Proclamation 1946 declaring a state of emergency over Maguindanao, Sultan Kudarat and the city of Cotabato. “for the purpose of preventing and suppressing lawless violence in the aforesaid jurisdiction.”

“The Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) are hereby ordered to undertake such measures as may be allowed by the Constitution and by law to prevent and suppress all incidents of lawless violence in the said jurisdiction,” she said.

The state of emergency “shall remain in force and effect until lifted or withdrawn by the President.” 

Four days later, the Office of the Press Secretary quoted President Arroyo as ordering the Departments of Justice and Interior and Local Governments to  “bring whoever is responsible for the Maguindanao massacre behind bars.”

Arroyo gave the order in a closed-door meeting in Malacanang Friday, November 27, the OPS said.

 “The President also tasked Justice Secretary Agnes Devanadera, Interior Secretary Ronaldo Puno, and Defense Secretary Norberto Gonzales Jr. to strictly implement a ‘no sacred cow’ policy in pinning down other possible personalities involved in the mass killing,” the OPS said. 

Devanadera said the most important instruction given to them is to continue the thorough investigation, protect the witnesses, and pin down other possible personalities.
Devanadera added the blanket administrative authority over the Autonomous Region of Muslim Mindanao (ARMM) given by the president to Secretary Puno is the initial step of government to ensure an impartial investigation of the massacre.

But in a press statement, Senate Minority Leader Aquilino Q. Pimentel, Jr. (PDP-Laban) told President Arroyo not to pass the buck to Puno in suspending Maguindanao Governor Andal Ampatuan, Sr. and other members of his clan who are occupying the posts of mayors and other local government posts in the province.  

Pimentel noted that Puno has recommended to the President the suspension of Gov. Ampatuan and other clan members.  But the President, instead of acting on the recommendation, gave Puno full authority to exercise administrative control over the ARMM, of which Maguindanao is one of the five component provinces.  

“This means Puno is empowered to carry out his own recommendation to suspend all local officials in the ARMM who may have a hand in the mass murder,” Pimentel said.

But Pimentel said Puno “cannot legally assume such supervisory authority and approve any suspension order because the Local Government Code (Republic Act 7160) has stripped the Department of Interior and Local Government of the authority to exercise administrative supervision over the local government units.”  

“The President’s directive to Secretary Puno is anomalous. Unfortunately, Puno has no more authority to suspend erring local government officials. That has been removed from the DILG secretary since the Local Government Code took effect in l99l,” he said.

Under the Code, he said the only authority left with the DILG is to supervise the Philippine National Polices, said Pimentel, principal author of RA 7l60.

Pimentel said he suspects that  “President Arroyo purposely refrains from discharging her disciplinary powers because she is avoiding a direct clash with Gov. Ampatuan and other members of his clan on account of their role in her victory in the 2004 presidential elections which was made possible through ‘command’ votes and rampant fraud in Maguindanao.”

He said the wholesale cheating was repeated in the 2007 senatorial elections “which saw the administration senatorial bets winning by a landslide in Maguindanao while their opposition counterparts were robbed of votes with some of them being credited with zero votes in certain towns which was statistically impossible.” 

“Gloria does not want to offend the Ampatuans. She is worried that the massive fraud perpetrated by the Ampatuans in conspiracy with election and law enforcement officials will be exposed,” he said.

Pimentel said the government should stop dilly dallying about charging and arresting Gov. Ampatuan on the basis of strong circumstantial evidence implicating him in the mass murder, among them, that the “hundreds or so civilian militia who took part in abducting and executing the members of the rival Mangudadatu family, members of the media and other innocent victims were under the control of the governor;” that the backhoe used in digging the gravesite of the murdered victims “bore the name the provincial government of Maguindanao and the name of Gov. Ampatuan;” that “some witnesses have reportedly attested to the governor’s involvement in the mass murder and that Gov. Ampatuan did not take any step to stop the carnage or to call on military, police or medical authorities to save the lives of the victims.” (Carolyn O. Arguillas/MindaNews)

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