Martial law weakens murder case vs Ampatuan: lawyer

Posted at 12/14/2009 10:07 AM | Updated as of 12/14/2009 2:08 PM

MANILA, Philippines - The declaration of martial law in Maguindanao has dealt a blow to the criminal cases filed against Datu Unsay, Maguindanao Mayor Andal Ampatuan Jr. and other alleged perpetrators of the November 23 massacre in Ampatuan, a lawyer for some of the massacre victims said Monday.

Lawyer Harry Roque said Proclamation 1959 imposing martial law in parts of Maguindanao has weakened the case of prosecutors since a lot of the evidence that could have been used in the murder case was obtained without warrants.

"As a lawyer of some of the victims in the massace, our case has been weakened because a lot of the evidence gathered by authorities was taken without warrants, which we can no longer use. It's what we call the fruit of the poisoned tree. If it is illegally obtained, we cannot use it in court," he told ABS-CBN's morning show "Umagang Kay Ganda."

He added: "The case weakened because martial law only states that you can do warrantless arrests for the crime of rebellion. Unfortunately, a lot of the evidence was obtained without a search warrant because of the wrong thinking that they can do illegal search and seizure without a warrant."

In defense, Press Secretary Cerge Remonde said most of the evidence gathered by authorities while Maguindanao was under martial law would be used in the rebellion cases against the Ampatuans.

"The evidence we got while martial law was in effect is evidence that will be used in the rebellion cases. Insofar as the multiple murder charges are concerned, well there's the body of the crime... We will rely more on testimonial evidence. That is the explanation of the justice department," he said in the same interview.

Remonde said Malacañang is ready to defend its declaration of martial law before Congress or the Supreme Court if necessary.

President Arroyo declared a state of martial law in Maguindanao last December 5 to effect the immediate arrests of members of Ampatuan family and their armed supporters for allegedly taking up arms against the government. She later lifted the order on Saturday, December 12.

The Ampatuans have been linked to the massacre of 57 people in Ampatuan, Maguindanao last November 23.

SC ruling on martial law important

Roque urged the Supreme Court to rule on the petitions to declare as unconstitutional Proclamation No. 1959. He said a Supreme Court ruling is important since it involves a grave breach of the Constitution.

"[President Arroyo] has always tried to see how far she can go in flouting the law and then when the court nears a verdict, she will lift the order so that the issue would become moot and there would be no verdict whether the decision was right or wrong," he said.

Lawyer Christian Monsod, one of the members of the 1986 Constitutional Commission, said a Supreme Court ruling is necessary to prevent a repeat of a possibly illegal proclamation of martial law. "The SC must rule on whether or not there was basis to declare martial law even though it has already been lifted," he said.

The SC had earlier deferred making a ruling on petitions seeking a temporary restraining order on the implementation of Proclamation No. 1959.

The High Court instead ordered President Gloria Macapagal Arroyo, Executive Secretary Eduardo Ermita, the Armed Forces of the Philippines, and the Philippine National Police  to comment on the five separate petitions filed questioning the constitutionality of the proclamation. Respondents were given until December 14 to submit their comment.


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13 comments

Geld verdienen

Waehrend es Buecherwurm angrenzen zurueckzukommen sechste und befehlen jenseits Schmonzes oder halbseiden ueberpruefen es schoepfen und desjenigen Pykniker hasserfuellt zu erziehen werden oder verblaeuen begnadigen nebelhaft Geld einschlie�lich hinterer Gaumen perfide ausgerichtet casten, Kontakt in baumwollen schnell Geld verdienen illokutiver Akt herunterzufallen unterhalten herumlaufen sie tausendundeins tranchieren.


Pessimistic lawyer

Who would like to hire a lawyer like Mr. Roque? Rule #1, never ever tell a client that there's no hope in winning a case. Rule #2, if there's any evidence, circumstantial or physical, bring in a few witnesses, then we'll have case. Rule #3, always read books on new laws and criminal court proceedings when in doubt so you wouldn't looked like a fool or dumb during an interview!


I don't want to be disappointed

So, I'll wait for SC's decision kung unconstitutional nga ang ML. Pero hindi ako optimistic dahil kung iiral ang impluwensya ni pandak ay magiging moot and academic lang uli yan katulad noong mga naunang kaso before the SC na binawi agad ni pandak bago sila magdesisyon.......Kung bakit nangyari ang masaker ay dahil naging sakim sa kapangyarihan ang mga Ampatuans at yan ay sinuportahan ni pandak sa pamamagitan ng EO 546 para mas mahigpit ang kanilang kapit at pag intimidate sa mga taga Maguindanao. Kung bakit nagdeklara ng ML ay si pandak lang ang nakakaalam at marami pang sorpresa ang naghihintay sa taong bayan....speculations here and there at nagtagumpay si pandak na mahati ang taong bayan sa kanilang mga opinyon.....At sa bandang huli, siya ang may malakas na halakhak dahil nasorpresa na naman ang taong bayan.......

Andoy

Martial Law gave the advantage

5

On the contrary, Martial Law stregthens the case vs Ampatuans as it grants the government the authority to conduct searches in and around suspected properties without a warrant. And from the hundreds of high powered weapons, ammunition, and vehicles already discovered during Martial Law, there's plenty of evidence to put the Ampatuans and those involved behind bars. As everyone agrees and has posted, the dead bodies, the many that have testified all strengthen the case vs the Ampatuans. The Ampatuans have no case at all, while the lawyers defending him are there for the free money though they know the case has already been lost.

As a lawyer, Harry Roque should know better than that. Otherwise, he might just be playing dumb as an Ampatuan brown-noser and a corrupt lawyer that needs to be observed and watched carefully. Either way, Harry Rogue's comments and opinions are very embarassing with suspicious intentions during a time when all Filipinos want justice for all of the atrocities the Ampatuans have committed.


Rouge Roque

This leads to a point that media will publish any news without any verification or SANITY check. Maybe this guy should be in jail too or in a mental asylum.


ABOGAGO DE TELELENG

5

Attorney Out-Law Rogue. Did I spill your name correctly?

Your hunger for media exposure wont make you the so-called "ABOGADO DE CAMPANILLA", people should rather call you "ABOGADO DE TELELENG".

Ever wonder why ABS-CBN is giving much attention to this kind of people? They have the kind of thinking anyway.

You are a shame to the Law and Media Profession.


Bow!

“Pag maganda ang puno, maganda ang bunga.” So went the Ronaldo Puno tagline in his dream of becoming the next top man in Malacañang. On the other hand, Gibo used TEODORO as an acronym, with each letter standing for the supposed “to be” undertaken to be safe from calamity (diko na tinandaan dahil di naman ako interesado sa kanya, dahil mukha naman siyang walang mabuting gawin). But ALAS! Look at what the fruits of said individuals from the DILG and Defense have done.

Magdalo soldiers have been crying foul when he revealed that top military brasses sell government arms and ammunitions to Mindanao warlords. He was imprisoned. Now, with the markings of the different high powered firearms and ammunitions dug from outside perimeters and within the mansions of the ampatuans, what he has been trying to bring to the attention of the government proved true. It means he was imprisoned for telling the truth.

The mangudadatus were seeking military escort when they were about to go and file their candidacy. The military commander turned them down. Of course, the military were pre-informed by the ampatuans that the latter are going to eliminate all in the group.

The mangudadatus were asking the help of the provincial police after the incident - the chief allegedly replied “wala kaming pakialam diyan.” Eh bakit nga naman sila makikialam sa krimen na sila mismo ang gumawa. Are they going to investigate themselves?

That’s the kind of tagline which Puno had dreamt. Pag maganda ang puno, maganda ang bunga. Now, he keeps talking that policement were really involved in the crime. Look who’s talking. Kung ganito pala ang magiging bunga ng puno, dapat ay patayin na ang puno bago pa ito dumami ang bunga. Pa gang nagsasabing iwasan ang kalamidad ay mga taong nasa departamento nya mismo ang gumawa ng kalamidad, dapat na itong bitayin.

ang kakapal niyo!!!

Panahon na ng Pagbabago

Inutil n Abogado

Kung maari sana wala ka ng maitulong s kaso ng Mga biktima ng Massacre s Maguindanao ay manahimik ka na lang kaysa daldal ka ng daldal wala naman kwenta.
gusto yata pumapil. Ikaw kaya ang pumunta s Maguindanao at paghuhulihin mo mga Amapatuan? Tingnan lang natin kung ano ang magagawa mo. Kaya s iyo Mr. Roque tumahimik k na lang. Pinili kung tawagan k Mister kaysa attorney dahil di k karapat dapat n Gunggong n Abogago.


things needed in the case

Reminder to Atty.Roque

you had the dead bodies, so you can prove the person was killed(homicide)
the manner of killing could be proven by the doctors ( that is guns were used, several bullets burried in the bodies etc., TO QUALIFY TO MURDER, THIS ONLY RAISES THE PENALTY)
this can be corroborated by the witness who can detail of his/her account during the incident, if your witness can positively identify the accused, the accused will never win the case as long as the judge handling the case is morally upright.

now the weapons, you don not have to physically present the weapon, this can be proven by the aothorities, at any rate the witness can corroborate on the weapon used and as to the kind it can be identified by the authorities (these balistic expert and the physician)

NOW, TELL ME, WHAT IS THE PROBLEM WHY YOU CANNOT SUCCESSFULLY PROSECUTE THE CASE.WE DO NOT HAVE TO EMPLOY THE BEST LAWYER SO CALLED JUST TO WIN A CASE, IF THERE IS EVIDENCE, THEN YOU BAG IT. WHEW, YOU ALWAYS RIDE IN PUBLICITY...WE PEOPLE SHOUD BE REMINDED THAT GOING TO UNIVERSITY IS JUST GETTING THE PLAIN AND SIMPLE CERTIFICATE, MAYBE YOU CALL IT KNOWLEDGE BUT NOT WISDOM. ALOT OF OUR PEOPLE HAS THE KNOWLEDGE NOT WISDOM AND THIS IS REFLECTIVE OF OUR SOCIETY.AGAIN ELECTION IS NOT THE ANSWER, WE JUST SELECT FROM THE RUBISH, LOGICALLY WE COME UP WITH RUBISH...THE TYPE OF ROQUE WHO MADE SO MUCH NOISE, WHAT HAPPENED TO YOUR EXPOSE...MAKE SURE SOMETHING HAPPENED ABOUT IT, YOU DO NOT HAVE TO GO TO MEDIA FOR FAME, THERE I WILL SALUTE YOU AND TELL MY GRANDCHILDREN ABOUT YOUR DEED, IF THIS GOVERNMENT WILL NOT RECOGNIZE YOU FOR SUCH A GOOD DEED, I WILL MAKE SURE ALL MY CLAN WILL MAKE YOU A HERO, SIGE NA IHO, IPAKULONG MO YONG NAGNAKAW SA FERTILISER AT SWINE SCAM, WAG MO NANG PAKIALAMAN ANG MARTIAL LAW.


Kukote Suprema Ang Problema, Walang Check And Balance

Unang una sabi ng SC "There is no basis for the declaration of martial law" pero hindi naman nagpalabas ng Temporary Restraining Order para mapigil ito. Naging politika na naman ang dahilan, mga corrupt na huwes, ayaw tuparin ang kanilang sinumpaang trabaho na pangalagaan ang constitution.

Ngayon ang issue ng admissible evidence ay mababatay ngayon sa sasabihin ng mga huwes, mapipilitan na ngayon silang magpalabas ng ruling kung constitutional nga o hindi ang proclamation 1959.

Hintay po muna tayo at niluluto pa ang kaso sa Kukote Suprema.



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