Philippines president signs order to ensure successful probe of killings

MANILA — President Gloria Macapagal-Arroyo has signed as early as eight days ago an administrative order that would help ensure the success of the investigation and prosecution of political and media killings.

Signed last July 3 and effective immediately was AO 181, “directing the cooperation and coordination between the National Prosecution Service (NPS) and other concerned agencies of government for the successful investigation and prosecution of political and media killings.”

“To ensure that these killings are effectively investigated and successfully prosecuted, there is a need for the law enforcement and prosecution arms of the government to cooperate and coordinate during all phases of the criminal proceedings,” said the AO that was signed barely four days after the government-invited European Union (EU) delegates finalized on June 29 their recommendations on how the Arroyo government could solve extra-judicial killings.

The AO directed the NPS of the Department of Justice (DOJ) to “work closely with the Philippine National Police (PNP) and the National Bureau of Investigation (NBI) “from the beginning of a criminal investigation until the termination of cases in court.”

This is “in order to ensure the prompt, efficient and successful investigation and prosecution of cases involving political and media killings which fall under the jurisdiction of the special courts created by the Supreme Court Administrative Order 25-2007.”

For their part, the PNP and the NBI were directed to “cooperate with the NPS of the DOJ by, among other things, consulting with public prosecutors at all stages of the criminal investigation.”

The PNP and the NBI were further directed to cooperate with the DOJ’s NPS “at all stages of the investigation and prosecution by ensuring, among other things, that their personnel are available to testify, gather or submit additional evidence when required by the public prosecutor.”

To ensure continuity, AO 181 tasked the NPS to “assign, to the fullest extent possible, a public prosecutor at the start of a criminal investigation who shall assist or handle a case involving a political or media killing throughout the criminal proceedings, except in the conduct of the preliminary investigation thereof.”

On the other hand, the preliminary investigation shall be conducted by a “separate and different prosecutor from the prosecutor who… is assigned to assist or handle the case through most of the criminal proceedings.”

Funding for this cooperation-and-coordination partnership of government agencies for the solution of extra-judicial killings shall be sourced from “such available sources as may be identified by the Department of Budget and Management (DBM).”

The AO noted that the Supreme Court – “responding to the request of the Melo Commission and the Executive Department” — has promptly created special courts to hear and try cases involving the killings of political activists and members of the media.

It added that a “common working definition of political and media killings among Executive and Judiciary Departments would greatly contribute to the successful investigation, prosecution and pursuit of justice regarding these human rights and criminal violations.”

In its AO 25-2007, the Supreme Court has specified the following three factors that should be considered in determining whether a crime is a political killing or not: (1) political affiliation of the victim; (2) method of attack; and (3) reports state agents are involved in the commission of the crime or have acquiesced in them.”

For its part, the PNP has defined “media killings” as “killings of present members of broadcast and print media/newsmen which were perpetrated by reason of the victim’s nature of work or related thereto.”

Press Secretary and Presidential Spokesman Ignacio R. Bunye, a lawyer, said President Gloria Macapagal-Arroyo “has declared that resolving these cases is top priority and that this AO empowers key agencies to act quickly and effectively to convict the killers of activists and media.”

He added that the administration “hopes that all the courts involved follow the AO of Chief Justice Reynato S. Puno – for 60 days continuous trial and promulgation of decision 30 days after that.”

For his part, Executive Secretary Eduardo Ermita — chairman of the Presidential Human Rights Committee (PHRC) which coordinates the administration’s efforts on human rights issues – dubbed AO 181 as the “latest innovation in the government’s drive to resolve human rights violations with due process.”

Meanwhile, Chief Presidential Legal Counsel Sergio Apostol stressed that in drafting the administrative order, “we had to make sure that there would be no legal or practical impediments to implementing the order.”

Thus, “the judiciary’s participation was vital because it promulgates the rules of court,” explained Apostol who revealed that AO 181 was the result of “inter-agency consultations” with the PHRC, the Commission on Human Rights, the DOJ, PNP, NBI, the Armed Forces of the Philippines (AFP) and the Supreme Court.

On July 16-17, the Supreme Court will sponsor the National Consultative Summit on Extra-Judicial Killings at the Manila Hotel.