Press Release
November 27, 2009

MIRIAM: TERRORISM, NOT MULTIPLE MURDER

         Sen. Miriam Defensor Santiago, a former RTC judge, said that the mass murders recently unearthed in Maguindanao is an act of terrorism, because the perpetrators committed murder, "thereby 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."

         Santiago said that a complaint for multiple murder is insufficient, because "the suspects were in effect spitting with impunity at the rule of law."

         She said that even if a multiple murder complaint has been filed, the inquest was probably done in haste, and the complaint should be amended to terrorism, before the accused enters his plea.

        She quoted the anti-terrorist law issued in 2007, also known as the Human Security Act.

        She said that the declared intention of the Ampatuan clan to prevent the Mangundadatu clan from running for governor is "an unlawful demand."

         She said that the justice department should finish the preliminary investigation in one month, file the complaint in court, and file a motion for the Supreme Court to order a change of venue to Manila "to avoid a miscarriage of justice," as provided by the Constitution.

         She said that the accused if convicted shall suffer the penalty of 40 years of imprisonment, without the benefit of parole.

         Santiago also called for the investigation of PNP personnel in the area, because they apparently failed to apply for a written order from the Court of Appeals to conduct surveillance of suspects, to intercept and record the communications of the suspects as allowed by law.

        She also reminded the police or other law enforcement custodial unit in whose care and control the suspects have been placed, to keep a securely maintained official logbook.

         Under the law, the logbook shall contain specifications about the detained person, his custodial arrest and detention, his physician, the state of his health and physical condition, the removal of the detained person from his cell for interrogation or for any other purpose, and other such details.

         Santiago said that once trial begins, it has to be conducted daily from Monday to Friday, to ensure speedy trial.

        However, the senator said that the state prosecutors conducting the preliminary investigation might prefer to file a complaint for multiple murder instead of terrorism, because the prosecutors might be afraid that if the accused is acquitted, he can seek payment of damages of P500,000 for every day that he has been detained.

        The damages will be automatically charged against the appropriation of the police agency or the Antiterrorism Council.

        Santiago also said that instead of conducting a public hearing on the mass murder, Congress should activate the Joint Oversight Committee on Antiterrorism, which has its own independent counsel.

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