Judgment day came Thursday on the decade-old Maguindanao Massacre, the worst act of political violence ever recorded in Philippine history. Among those killed were 32 media workers. The verdict was handed down—but is it the end of the road for those seeking justice?
As expected, the three major principals —Datu Unsay Ampatuan, Zaldy Ampatuan and Datu Anwar Ampatuan—in the brazen mass murder were found guilty and sentenced to life in prison. They were also ordered to indemnify the heirs of the murdered. Judge Jocelyn Solis-Reyes will be remembered for this.
But there were only 57 counts of murder, not 58. The reason was that the remains of photojournalist Reynaldo Momay had not been found. This means that the 58th murder case was junked. Was this not unfair to Momay’s family?
In any case, while the judge took 10 years to come out with the verdict because of delays, there is now a decision. Sadly, the battle is only half-won.
As expected, there were those who were acquitted and some of those found guilty were given lower penalties. What is now important is that there are still some 80 Muslims belonging to the Ampatuan clan who are still at large. Law enforcers must put a rightful end to this case.
Will the verdict finally put an end to all the killings and violence among the warring Muslim clans? I doubt this very much, knowing the culture and history of the Muslims. Clans must always fight to gain supremacy – my gulay, it’s their way of life!
With no less than five towns in Maguindanao still under the control of the Ampatuans, it’s unlikely that peace will come despite the guilty verdict.
Another question is, will the government, with all its awesome powers, still be able to arrest the 80 members of the Ampatuan clan who have evaded the law and make them answer for their murder of 58 people?
Finally, can peace and justice really ever come to Mindanao?
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So, was justice finally served?
I ask this question since the fact remains that those found guilty can still appeal and elevate their case to the Supreme Court.
For one thing, not all Ampatuans were convicted. Some were acquitted. The families of those who died had expected a wholesale conviction of all the accused. As I said, there are still armed and dangerous fugitives out there. There are still concerns about retaliation and violence.
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I have written a lot about the rotten deal between the Bases Conversion Development Authority (BCDA) and the Malaysian form MTD Capital Berhad. I said the Palace and Congress should investigate the deal because the Philippine government has been seriously disadvantaged. To this day, though, nothing is being done. Why?
A look at the records regarding the deal clearly shows that the agreement is not only anomalous; it is rotten to the core!
Back in January 2018, the Office of the Government Corporate Counsel said it would go over all contracts entered into by every government-owned and -controlled corporation.
The OGCC at that time opined that the BCDA deal with the Malaysian form to put up the sports facilities in Capas, Tarlac for the recent Southeast Asian Games was a build-transfer scheme embedded in the joint venture agreement. BCDA and the Malaysian firm entered into a deal to build the P4.2-billion National Government Administrative Center with BCDA contributing its share in the form of the 40-hectare land.
And since the sports facility is a build-transfer project, it must undergo public bidding. This is why the OGCC at that time told the BCDA to revise its draft to align with the law on joint ventures.
What is Section 8 of the draft joint venture, anyway? Read this and weep!
The BCDA is required to pay and/ or reimburse the Malaysian firm the cost of the construction of the sports facilities for five years (yearly installment). The contract review dated January 3, 2018 required the BCDA to revise this section and that insofar as the deal with the Malaysian form goes, the cost of the sports facilities amounts to P8.5 billion since this is the contribution of the Malaysian firm in the venture.
In joint ventures, a partner does not pay the contribution of the other partner. So why should the BCDA pay for the construction of the sports facilities. What was in it for the BCDA, anyway?
Instead of revising the draft, the BCDA inserted Section 4.9 to say that the income of the sports facilities will be divided 50-50. This makes the Malaysian firm entitled to 50 percent of the income for 25 years. Santa Banana, this provision was even in the unsolicited proposal of the Malaysian firm submitted and agreed upon. But it was not in the Terms of Reference that was subject to the Swiss challenge!
My gulay, the BCDA even inserted P2.2 million that “once and for all, such advances of such annual installments shall be payable to the winning entity to cover reasonable costs and returns.”
On this alone, whoever signed the deal should be probed for graft and corruption.
Just for the record, on December 2, 2019, BCDA President Vince Dizon, at a press conference together with Government Corporate Counsel Elpidio Vega, admitted that BCDA had inserted these questionable provisions (50-50 sharing) and a P2.49 billion ROI for MTD Capital Berhad.
Another questionable aspect of the deal is that on February 22,2019, BDCA and the Malaysian firm entered into a JVA disregarding the comments and suggestions as stated in the January 2018 contract review.