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of the Philippines the criminal justice system is - Article 2

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h<strong>is</strong> two sergeants and a corporal involved in <strong>the</strong> killing <strong>of</strong> nine<br />

peasants in Palo, Leyte on 21 November 2005. The Comm<strong>is</strong>sion<br />

endorsed its findings for your review in February but your <strong>of</strong>fice<br />

has yet to act on it. Charges cannot be filed in court as a result.<br />

2. You also failed to act on <strong>the</strong> recommendations made by <strong>the</strong><br />

Office <strong>of</strong> <strong>the</strong> Provincial Prosecutor to file murder and attempted<br />

murder charges against two military lieutenants and <strong>the</strong>ir men<br />

involved in <strong>the</strong> killing <strong>of</strong> three persons and wounding <strong>of</strong> three<br />

o<strong>the</strong>rs in Kiblawan, Davao del Sur on 8 February 2005. The<br />

prosecutor already endorsed <strong>the</strong> findings to you on July 2005,<br />

yet you have failed to resolve <strong>the</strong> case. The military men involved<br />

have not been formally charged in court.<br />

3. We are not aware <strong>of</strong> any response from your <strong>of</strong>fice to <strong>the</strong><br />

directives <strong>of</strong> a Regional Trial Court judge on 17 May 2006 to<br />

amend <strong>the</strong> charge <strong>of</strong> murder to homicide against a military<br />

sergeant and h<strong>is</strong> 31 men involved in <strong>the</strong> killings <strong>of</strong> Bacar Japalali<br />

and h<strong>is</strong> wife Carmen in Tagum City during September 2004.<br />

You are aware that <strong>the</strong> case cannot proceed in court unless your<br />

<strong>of</strong>fice responds to <strong>the</strong> judge’s directives to determine <strong>the</strong> nature<br />

<strong>of</strong> <strong>the</strong> charges against <strong>the</strong> military.<br />

4. We are not aware <strong>of</strong> any result <strong>of</strong> your investigation into<br />

<strong>the</strong> alleged torture <strong>of</strong> Haron Abubakar Bu<strong>is</strong>an, who was arrested<br />

due to m<strong>is</strong>taken identity by policemen in General Santos City<br />

on 12 December 2005. In a letter dated 10 January 2006 you<br />

assured us that <strong>the</strong>re would be “an appropriate fact finding<br />

investigation” conducted by your <strong>of</strong>fice. But to our knowledge<br />

<strong>the</strong>re has been no action against <strong>the</strong> accused police.<br />

5. You made similar assurances concerning <strong>the</strong> case <strong>of</strong> slain<br />

activ<strong>is</strong>ts Jose Manegdeg III <strong>of</strong> San Esteban, Ilocos Sur; Albert<br />

Terredano <strong>of</strong> Bangued, Abra; and Cathy Alcantara <strong>of</strong> Abucay,<br />

Bataan. You have been repeatedly requested to intervene into<br />

<strong>the</strong>se cases, but again we are unaware <strong>of</strong> any conclusive<br />

investigation by your <strong>of</strong>fice. The perpetrators <strong>of</strong> <strong>the</strong>se killings--<br />

alleged to have been state personnel or persons linked to <strong>the</strong>m-<br />

-have not even been identified, let alone arrested and charged.<br />

We believe that you will agree with us that any claims <strong>of</strong><br />

efficiency and high standards <strong>of</strong> performance by any government<br />

<strong>of</strong>fice, in particular yours, must be reflected <strong>of</strong> how th<strong>is</strong><br />

performance contributes to upholding <strong>the</strong> public interest. Where<br />

your <strong>of</strong>fice <strong>is</strong> concerned, <strong>the</strong>re <strong>is</strong> a special obligation to meet <strong>the</strong><br />

interests <strong>of</strong> <strong>the</strong> victims and family members who are seeking<br />

redress for <strong>the</strong> wrongful acts <strong>of</strong> military and law-enforcement<br />

<strong>of</strong>ficers.<br />

When victims are denied speedy d<strong>is</strong>position <strong>of</strong> <strong>the</strong>ir cases due<br />

to inaction and unnecessary delays, while in <strong>the</strong> meantime <strong>the</strong>y<br />

are forced to endure constant threats and insecurity, any public<br />

<strong>of</strong>fice responsible for th<strong>is</strong> situation <strong>is</strong> not worthy <strong>of</strong> citation as<br />

“high performing”. Only when <strong>the</strong> needs and interests <strong>of</strong> <strong>the</strong>se<br />

persons and <strong>the</strong> public are fully met can such pra<strong>is</strong>e be given.<br />

172<br />

article 2 • February 2007 Vol. 6, No. 1

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