CMFR-Philippine Press-Freedom Report 2010

Center for Media Freedom
and Responsibility
Philippine Press Freedom Report 2010

Center for Media Freedom and Responsibility:
Published with the support of the
Network Media Program, Open Society Institute
©©
Copyright 2011
By the Center for Media Freedom and Responsibility
ISSN 1908-8299
All rights reserved. No part of this publication may be reproduced

in any form or by electronic or mechanical means, including
information storage and retrieval systems, without permission
in writing from the publisher.
ACKNOWLEDGMENTS
A grant from the Network Media Program of the Open Society Institute
made this publication possible.
Melinda Quintos de Jesus

Publisher
Luis V. Teodoro
Editor
Prima Jesusa B. Quinsayas

Melanie Y. Pinlac
Hector Bryant L. Macale
Kathryn Roja G. Raymundo
Martha A. Teodoro
John Reiner M. Antiquerra
Rupert Francis D. Mangilit
Ruby Shaira F. Panela
Lara Q. de Jesus
Writers/Editorial assistants
Lito Ocampo
Melanie Y. Pinlac
Photos
Design Plus
Cover and layout design
CONTENTS
Overview: An end and a beginning 9
Legal prospects under the Aquino administration 17
Bills on media in the 15th Congress 25
Media safety: The press community responds 37
The media in the public eye 43
Killings and other attacks on journalists in 2010 67
Updates on some ongoing trials 81
CMFR database on the killing of Filipino journalists/ 91

media practitioners since 1986
FOREWORD
T
HE TRIAL of the suspected killers and the alleged masterminds behind what is
now known as the Ampatuan Massacre of Nov. 23, 2009 has been predictably
slow and tainted with suspicions of bribery and intimidation as well as
allegations of lawyer malpractice.
Some of the victims’ families claim that there were attempts to bribe them into
withdrawing from the cases, even as some prosecution witnesses said they had been
threatened. On the other hand, the lead counsel of Andal “Unsay” Ampatuan Jr.
has been accused of unethical conduct through, his accusers claim, his attempts to
deliberately delay the proceedings for the benefit of his clients.
Whatever their validity, these issues underline the weaknesses of the very system of
justice that gave birth to, and which has sustained, the culture of impunity. Whether that
system will provide the victims and their families the justice they deserve and need is
therefore crucial to the imperative of dismantling that culture. More than anything else,
the system’s failure will send to those who cannot abide media exposure and criticism
the message that they can kill not only journalists but also everyone else without fear
of punishment.
On the other hand, the successful prosecution and punishment of those responsible
for the deaths of the 58 men and women including 32 journalists should demonstrate
that the killers of journalists, among others, will not go unpunished. This should result
in the Philippines’ ceasing to be among those countries where, despite Constitutional
protection, not only press freedom but also free expression in general have been under
threat for decades.
That the defense of press freedom should be so crucial to the present and future of
free expression is no accident. Press freedom and free expression have been targeted by
corrupt officials, warlords, and criminals because accurate and meaningful information
is vital to the development of an informed citizenry that is the backbone of authentic
democracy.
The Center for Media Freedom and Responsibility report on press freedom has
been issued in recognition and in furtherance of the role of a free press in Philippine

society. While emphasizing developments in the Ampatuan Massacre trial, the

present report also looks into the bills relevant to the media that have been filed in
Congress, and into media safety and the role of owners. It also provides updates on
the cases of those accused in the killing of journalists, as well as on the most recent
attacks on journalists and media workers. The report also provides an insight into
the Filipino public’s perception of media performance, citizen attitude towards the
media being an important factor in rallying support for press freedom, and in holding
the line against its enemies.

Overview: An end and a beginning
OVERVIEW: AN END
AND A BEGINNING
T
HE YEAR 2010 marked the end of the nine-year watch of Gloria
Macapagal Arroyo. Those years were the bloodiest in Philippine history
since the restoration of democracy in 1986. Arroyo’s administration
left in its wake 79 cases of journalists and media workers killed, or an average
of nine killings per year, and hundreds of murders of human rights workers
and political activists.

Despite the imperative of ending the killings—not only because of their impact
on press freedom but even more urgently for their effect on democracy itself—the
Arroyo administration seemed indifferent and responded only when criticized by
international press freedom watch groups. Until the end of her term, and despite her
creation of special task forces to solve the killings, only five out of the 79 cases had
been resolved, and only partially.
Arroyo’s legacy
In his Journalism Asia Forum 2010 address in Manila, United Nations Special
Rapporteur for the Promotion and Protection of Freedom of Opinion and Expression
Frank La Rue said that the Philippines had gained the dubious distinction of having
the most number of journalists killed in the world as a result of the massacre of 32
journalists and media practitioners in Ampatuan town, Maguindanao on Nov. 23,
2009. The Ampatuan Massacre boosted the number of journalists killed worldwide in
2009 to 72, according to the Committee to Protect Journalists (CPJ).
The Mangudadatu women and supporters, together with 32 journalists and

media workers, on their way to file the certificate of candidacy of then Buluan town
Vice-mayor and now Maguindanao Gov. Esmael “Toto” Mangudadatu were killed
by approximately 100 men allegedly led by Andal “Unsay” Ampatuan Jr., then a
known ally of Arroyo. Five civilians—including a couple on their way to a hospital
in Cotabato City and a government employee on his way to work—who happened to
pass by were also killed.
The CPJ’s 2010 Global Impunity Index singles out the Philippines as a country
allegedly at peace and a democracy with the most journalists killed and with the least
number of successfully prosecuted cases against the perpetrators. The Philippines
ranked third in the 2010 Index, three places up from sixth place in 2009, also as a
result of the Ampatuan Massacre.
“The massacre overshadowed gains that Philippine authorities had made,

winning convictions in two journalist murders,” CPJ said, referring to the conviction
of the killers of Armando Pace and Klein Cantoneros in 2009.
In 2010, the Philippines ranked 156th in the 2010 World Press Freedom Index
of the Paris-based press freedom watch group Reporters Sans Frontiéres (RSF,
Reporters Without Borders), 34 places down from its 122nd rank in 2009. RSF cited
the Philippines as one of the countries whose “ranking dropped due to a breakout
of serious violence.” RSF also said “(d)espite a few murderers of journalists’ being
brought to trial, impunity still reigns in the Philippines.”
10
Awareness
The Ampatuan Massacre, and the unabated killing of journalists and media
practitioners, increased the awareness of safety and security issues in the Philippine
press community, compelling more media organizations to review and strengthen
existing safety guidelines, or to devise such guidelines if absent. (After the Ampatuan
Massacre, five other journalists/media practitioners were killed in the line of duty.
The latest—the killing of radio reporter Miguel Belen—happened in the first month of
the Aquino administration.)
This level of awareness is evident in the increase in the number of safety training
workshops, seminars, and other activities in the press community.
The massacre has also resulted in a more organized and united media front.
Media organizations continue to report on the massacre regularly, and have been
working together to push for reforms in the press community (e.g., by emphasizing
ethical practice) as well as government (e.g., by demanding the dismantling of private
armies) to help prevent the repetition of the massacre and to stop media killings.
New administration’s attitude to press freedom

Many Filipinos now hope that the new administration of Benigno Aquino III
could initiate a different brand of governance that could end impunity and the
killing of Filipino journalists and media practitioners.
Unlike its predecessor, the Aquino administration has promised several times
to respect press freedom and freedom of expression. Aquino has also vowed to end
impunity.
In his first State of the Nation Address (SONA), Aquino said that half the cases
of extrajudicial killings “are now on their way to being resolved.”
“We will not stop the pursuit of the remaining half of these killings until justice
has been achieved,” Aquino told the nation in Filipino.
Speaking for the then incoming president on the two most recent murders
of journalists last June, Edwin Lacierda (now presidential spokesperson) said that
Aquino “will be serious about protecting the rights of journalists and this will not be
mere lip service.”
The Aquino family has itself been “a victim of human rights violations so it’s
natural for him to ensure that the rights of everyone, especially the members of the
11
media, will be upheld,” the Manila Bulletin quoted Lacierda as saying. (“Aquino
vows justice against media killings”, June 17)
The Aquino administration promises to do its best to safeguard and protect

the rights of Mindanao journalists no matter how critical they are of his
administration, according to Presidential Adviser on the Peace Process Teresita
Quintos Deles who was quoted in a Bulletin report last Nov. 7. (“Aquino to
safeguard rights of critical media”)
“The Philippines has become one of the ‘most dangerous assignments’ for media
practitioners, together with Iran and Iraq, and truly, most serious efforts must be
waged to assure you of the atmosphere of openness and safety. Needless to say, we
need to continue to have a free, independent, and objective media to protect the
peace,” the Bulletin quoted Deles as saying in the 6th Mindanao Media Summit.
Deles made the statement a few days before the commemoration of the first
anniversary of the Ampatuan Massacre.
Ending impunity
In August, the Freedom Fund for Filipino Journalists (FFFJ) and the National
Union of Journalists of the Philippines met with Aquino’s Communications Group
and Justice Secretary Leila de Lima to discuss how the government could help
end the culture of impunity which encourages the killing of journalists. Among
the measures discussed were the strengthening of the state-run witness protection
program, capacity-building for forensics experts in the police and military, and the
creation of a multi-sectoral quick response team.
The FFFJ is a coalition of media organizations and press freedom groups launched
on Jan. 7, 2003 to address the killing of journalists. Its members are: the Center for
Media Freedom and Responsibility (CMFR), the Center for Community Journalism
and Development, the Kapisanan ng mga Brodkaster ng Pilipinas (KBP, Association
of Broadcasters of the Philippines), the Philippine Center for Investigative Journalism,
the US-based newspaper Philippine News, and the Philippine Press Institute. CMFR
serves as its technical secretariat.
Aquino as press critic

At times, however, it seems that Aquino himself or his officials are not as critically
aware of the issues involving the press as his stated commitment to defending press
freedom would suggest.
12
For example, in his first SONA, Aquino urged the press to monitor its own ranks.
“To our friends in media, especially those in radio and print, to the blocktimers and
those in our community newspapers, I trust that you will take up the cudgels to
police your own ranks,” Aquino said in Filipino. “May you give new meaning to
the principles of your vocation: to provide clarity to pressing issues, to be fair and
truthful in your reporting, and to raise the level of public discourse.”
Stopping short of saying that the press has been inaccurate and biased, Aquino
unknowingly validated the claim that journalists and media practitioners have no
one to blame for the killing of journalists but themselves.
Neither does Aquino or his officials seem to know that the press has been
monitoring its own ranks to correct ethical and professional lapses and to protect
press freedom since democracy was restored in the country in 1986, and when the
unprecedented killing of and attacks on journalists and media organizations spiked
during Arroyo’s nine-year watch.
The Aug. 23 hostage-taking

Controversies such as the Aug. 23, 2010 hostage-taking at Quirino Grandstand
in Manila, that ended with nine individuals including the hostage-taker dead,
provided a glimpse of how the new administration looks at issues involving
press freedom, media responsibility, and free expression. Aquino and his allies
seem to know little of how the press works in the Philippines, particularly how
it regulates itself.
The inquiry conducted by the Incident Investigation and Review Committee

(IIRC) revealed how the actions of some journalists—among them crossing the police-
cordoned area, interviewing the hostage-taker while negotiators were trying to call
him, and going live even when the hostage-taker had access to TV—were critical
to the hostage incident’s outcome. But the first IIRC report left the sanctioning of
broadcast media practitioners and entities to the KBP.
However, the presidential legal team recommended the filing of charges of

reckless imprudence against Radio Mindanao Network commentator Michael Rogas
and TV5 anchor-reporter Erwin Tulfo. In contrast, officials from the police and the
Department of the Interior and Local Government were cleared of any culpability,
although the filing of administrative and criminal charges against Manila Mayor
Alfredo Lim was supposedly recommended by the IIRC.
Announcing his legal team’s recommendations, Aquino noted the media’s

check-and-balance function, and pledged to continue championing press freedom.
13
However, he described some media practitioners’ behavior in the hostage crisis as

“irresponsible, bordering on the criminal” and warned that if such “unprofessional
behavior” happened again, he “could be compelled to ask Congress for appropriate
regulations.”
But even before Aquino’s warning, Cebu 6th District Rep. Gabriel Quisumbing
had already filed House Bill No. 2737, which makes it unlawful for the media to
report police and troop movements during crises such as a hostage-taking incident.
The Aug. 23 “media lapses” also led to a Senate Committee on Public Information
inquiry. There, Sen. Joker Arroyo warned the media not to tempt the Senate into
passing laws regulating the broadcast media.
Some senators who were investigating the controversy threatened to revoke the
broadcast organizations’ franchises to operate because of their supposed lapses in
covering the crisis. They also warned that the Senate could pass a law regulating the
networks’ coverage of similar situations in the future. (See “The Aug. 23 hostage-
taking: Media lapses invited government intervention”, PJR Reports, September-
October 2010.)
Disappointing
Meanwhile, some members of the 15th Congress continue to pursue the passing
of a right of reply (ROR) law, which would sanction “erring” media organizations,
despite opposition from journalists’ and media advocacy groups. Some of these
representatives have declared the passage of an ROR law as the condition for their
approval of the freedom of information bill. (See “Bills on media in the 15th Congress”
on pages 25-35.)
The Supreme Court under Chief Justice Renato Corona has so far been helpful in
one case involving the killing of a journalist. The Office of the Court Administrator
has endorsed a request to transfer the trial venue of the case against the alleged
gunman in the killing of broadcaster Crispin Perez last Sept. 29. The request has
been granted by the Supreme Court, but the FFFJ is still waiting for court action on
its request to transfer the trial venue of the murder of Desiderio Camangyan out of
Mati City, Davao Oriental.
Some court decisions on cases involving journalists and media practitioners

were however disappointing. In August 2010, for example, a Manila court acquitted
the alleged gunmen in the 2004 killing of broadcaster Roger Mariano. (See related
story on page 88.)
14
Changes in the media

In late 2009, television company TV5 went through another change in ownership.
MediaQuest Holdings, a subsidiary of the Philippine Long Distance Telephone Co.
headed by business tycoon Manuel V. Pangilinan, acquired major shares of the
television company and of MPB (Media Prima Berhad) Primedia Inc. which earlier
had a “content generation” contract with the network.
In a statement quoted by abs-cbnNEWS.com in October 2009, MediaQuest

said it “expects to further enhance TV5’s programming, ratings and sales as well
as improve the broadcasting network’s coverage and signal strength through the
country.” (“PLDT unit acquires majority stake in ABC-5, Primedia”)
MediaQuest’s acquisition of TV5 brought about major changes in its

programming, and has intensified the battle for ratings among television
networks.
The entry of TV5’s Willing Willie in the weekday primetime block last October
has had an adverse impact on the primetime news programs of the two biggest
networks. The game show, misleadingly billed as a “public service” program, is aired
Mondays to Fridays at 6:30 p.m., almost the same time as ABS-CBN 2’s TV Patrol
and GMA-7’s 24 Oras. As of November, the surveys had put Willing Willie first in
the ratings game alongside 24 Oras, at least in Manila.
Losing the ratings war has allegedly pushed ABS-CBN 2 to change the anchors
of TV Patrol. ABS-CBN 2 announced in late November the return of former vice-
president Noli De Castro and broadcaster Korina Sanchez to the show, replacing
Karen Davila and Julius Babao. (Also in that month, Maria Ressa resigned as the
station’s news and current affairs head after serving for six years. Ressa, a former
correspondent for international broadcast giant CNN and head of its Jakarta news
bureau, instituted major editorial policies in ABS-CBN News and Current Affairs
Division, including the crafting of the station’s first standards ethics manual for its
reporters and editors.)
The view that changes in the Philippine media are more illusory than real is
basically accurate, but TV5’s approach to winning the ratings war could make things
worse in terms of undermining the already limited audience share of the news and
public affairs programs. Together with such problems as the killing of journalists,
threats and harassments in the communities where the justice system is weakest,
irresponsible and unethical coverage as demonstrated by, among others, the Aug. 23
incident, the impact of TV5’s focus on grabbing as much of the audience share as
possible promises to further make the development of an informed public that is so
vital to democracies even more problematic.
15
LEGAL PROSPECTS
UNDER THE AQUINO
ADMINISTRATION
by Prima Jesusa B. Quinsayas
17
“Laws are like spider webs in which small ones are caught
and the big ones break away.”
- Solon, as paraphrased by Leo B. Dacera III
T
HE ABOVE statement sums up the culture of impunity that
encourages extrajudicial killings in the Philippines, including those
of journalists.
Since 1986, there have been convictions in only 10 cases: those of the killers
of journalists Alberto Berbon, George Benaojan, Klein Cantoneros, Edgar Damalerio,
Marlene Esperat, Dionisio Joaquin, Odilon Mallari, Armando Pace, Frank Palma, and
Nesino Toling. (See “CMFR database on the killing of Filipino journalists and media
practitioners” on pages 91–99.) All the convictions involve the triggermen and/or
accomplices, but none of the masterminds.
In the Esperat case, alleged masterminds Osmeña Montañer and Estrella Sabay,
although positively identified by state witness and former Philippine Army Sergeant
Rowie Barua, remain free despite three warrants of arrest issued by three different
trial courts. There are indications that political links, deep pockets and, sadly, the
Rules of Court have allowed them to avail of various remedies to prevent their arrest
and trial.
Worse, instead of getting the support from his unit, witness Barua found himself
“discharged without honor” from the Philippine Army in May 2010, more than four
years after the gunman and lookout were convicted. The discharge, done in an ex
parte (i.e., without the participation of Barua) proceeding, came at a most suspicious
time: after the Makati trial court denied the motion of accused Montañer and Sabay
to have the warrant of arrest against them lifted.
In a letter dated July 8 addressed to National Defense Secretary Voltaire

Gazmin, Secretary of Justice Leila de Lima sought Barua’s reinstatement. She
cited the previous decisions of two former Armed Forces of the Philippines (AFP)
Chiefs of Staff, Generals Generoso Senga and Alexander Yano, approving Barua’s
reenlistment. Instead of Gazmin replying, it was Philippine Army Adjutant General
Col. Edilberto Suratos who answered De Lima’s letter. Maintaining that the
Senior State Prosecutor Leo B. Dacera III was the longest serving director of the Witness Protection, Security and Benefits Program.
He worked closely with media groups, especially the Freedom Fund for Filipino Journalists, in the prosecution of media killing
cases. He died on Nov. 4, 2010.
18
discharge was correct, Suratos then pledged the continued support of the AFP for
the Witness Protection, Security and Benefits Program (WPSBP) of the Department
of Justice (DOJ).
In the Ampatuan Massacre case, six members of the Ampatuan clan—the

principal accused and the alleged mastermind of the massacre—have been in
detention since late 2009. They are Andal Ampatuan Sr., Andal “Unsay” Ampatuan
Jr., Zaldy Ampatuan, Akmad “Tato” Ampatuan Sr., Anwar Ampatuan, and Sajid
Islam Ampatuan. More than a year later, only Unsay has been arraigned and even
he is not yet on trial, having filed a petition for bail for all the 57 counts of murder
he is accused of. Fifty-one others, mostly members of the Philippine National Police
(PNP), have been arraigned and are now on trial. The pattern is all too familiar.
With no political connections, and no resources to hire private counsel, the

so-called small fry, usually guns-for-hire or lookouts, are the first to be tried. In
contrast, the alleged masterminds avail themselves of the best legal services money
can buy to delay their prosecution.
This is the legal environment into which Benigno Aquino III was elected as
the 15th President of the Republic. Judging from the way Barua’s discharge was
handled by the National Defense secretary, that environment is not likely to change
dramatically during his watch.
His choice of De Lima as secretary of Justice so far appears to be among his few
positive cabinet appointments. While De Lima’s detractors point out her penchant
for media appearances and press conferences, there is no denying she is willing to
“walk the talk.”
In her first few months as secretary of Justice, De Lima has been consistent in
pushing the PNP to submit its complete report on the evidence so far gathered in the
Ampatuan Multiple Murder case.
Together with the Freedom Fund for Filipino Journalists (FFFJ), she has also
signed a complaint against Suratos for the unjust and illegal discharge of witness
Barua. This complaint has been filed before the Office of the Ombudsman.
If these indicate how DOJ shall be handling media killing cases, it would be safe
to say the media have an ally in the person of the Justice secretary.
But De Lima alone will not be able to undo the culture of impunity that seems
deeply entrenched in the Philippines. Other players have crucial roles: the secretary
of the Department of the Interior and Local Government (DILG) for instance.
19
The PNP and the Bureau of Jail Management and Penology (BJMP) are both
under DILG control and supervision. The firm resolve of the DILG secretary for these
agencies to do their part in the pursuit of justice is vital. As part of the Philippine
criminal justice system, the PNP and the BJMP contribute to the success or failure
of prosecution efforts.
The PNP is the lead law enforcement agency that gathers evidence for the
prosecution. It is also the lead agency in serving warrants of arrest on suspects or
accused, who are then turned over to the BJMP.
Stories of unsatisfactory ground work on the part of the PNP in gathering

evidence are not new, and are almost always true. The failure to arrest suspects or
accused persons is also a constant variable that never fails to stop the wheels of
justice. The classic examples are the Esperat and Dennis Cuesta murder cases.
No bragging rights
Despite the creation of the PNP Task Force (TF) Usig supposedly dedicated
to ensuring the arrests of suspects or accused in media killing cases, there is little
the said task force can brag about. The accused in the Cuesta case, former Police
Inspector Redempto “Boy” Acharon, is still a free man despite the claim of TF Usig
that a tracker team is on Acharon’s trail. Media cannot be blamed for being suspicious
about the failure of the PNP to arrest Acharon. Aside from being a police officer,
he is a first cousin of former General Santos City Mayor and now Congressman
Antonio Acharon.
News of BJMP preferential treatment of detained suspects or accused also abound.
The accused in the Crispin Perez murder, Police Officer 2 Darwin Quimoyog, is
rumored to have been transferred to more comfortable quarters beside the warden’s
office. Quimoyog claims to be a close-in security of Jose Villarosa, mayor of San
Jose, Mindoro Oriental, whose wife is Rep. Maria Amelita Villarosa.
In the Ampatuan Massacre case, detained members of Ampatuan clan are reported
to be enjoying privileges such as holding press conferences, parties, being detained in
air-conditioned cells, and with at least one lawyer on call at the detention area 24/7.
In contrast, some 14 accused PNP members are in one cell. Their water supply
was cut off after they complained about 10 other people being detained with them in
the same cell. The PNP detainees are also fed hardly edible rice, also allegedly after
they made the complaint.
20
These accused PNP personnel have refused to withdraw their affidavits identifying
Unsay as the one who led the abduction of the convoy of Genalin Mangudadatu, the
wife of then Buluan town Vice-mayor Esmael Mangudadatu.
The conduct by the PNP and the BJMP can be corrected by the DILG secretary.
It is regrettable that the DILG has remained a controversial department during the
Aquino administration. With Secretary Jesse Robredo and Undersecretary Rico Puno
allegedly at odds, the DILG has yet to get its act together and make a positive
impression on media and the public in general.
Even the President’s resolve to address the killing of journalists is difficult to

fathom at this point. Take the president’s stance in the case of former PNP Chief
Director General Jesus Verzosa under whose watch the Ampatuan Massacre and
hostage-taking of Hong Kong tourists happened. The poor performance of TF Usig
may also be blamed on Verzosa under the principle of command responsibility.
Yet, Verzosa was allowed a graceful exit via early retirement without so much
as a reprimand or slap on the wrist. Aquino, in fact, heaped upon him lavish praises
for “a job well done” when about the only job-well-done the latter did was to declare
he would not tolerate any attempt by then President Gloria Macapagal Arroyo to
stay in power beyond June 30, 2010.
Whether Aquino is unaware of the not-so-sterling record of the PNP under the
leadership of Verzosa is debatable. What is obvious is that the president needs to
acquire a clearer view of the bigger picture to understand the culture of impunity
surrounding the killing of journalists if he is serious in doing something about it.
Early into his administration, representatives of the FFFJ and the National
Union of Journalists of the Philippines (NUJP) sought a meeting with Aquino.
PNoy (the President’s preferred nickname) initially confirmed he would be
attending only to change his mind later allegedly because of the demands of
more pressing matters.
De Lima and the members of the Presidential Communications Group met with
the FFFJ and NUJP representatives instead. As former chair of the Commission on
Human Rights, De Lima had a good grasp of the issues surrounding the killings. But
the same could not be said of Secretary Herminio Coloma, Presidential Spokesperson
Edwin Lacierda, or Undersecretary Manuel Quezon III.
Their positions would have been a good starting point for the president to be
briefed so he would understand better the implications of media killings: that the
killings are an attack on press freedom, an indispensable ingredient in the progress
of the peace-time democracy the Philippines is supposed to be.
21
Overlooked player
One factor often overlooked in the legal picture is the role of the prosecutor
general (formerly chief state prosecutor or CSP). Long-time CSP Jovencito Zuño
retired early February 2010 and was replaced by Claro Arellano.
The decisions of the prosecutor general can strengthen or weaken prosecution

efforts. It is a position prone to political pressures and would require a person of
integrity to withstand the same.
It is interesting to note that it was only a few days before he retired that Zuño signed
the resolution recommending that Quimoyog be charged with the murder of lawyer-
journalist Perez. The resolution was said to have been ready for signature as early as
October 2009. It makes one curious as to the kind of political pressures then Zuño must
have been subjected to with respect to the resolution of said murder case.
Arellano, to date, has been responsive and pro-active in media killing cases.
Among his first official acts was to meet the families of the media victims in the
Ampatuan Massacre. He led the panel of prosecutors in denouncing what was
perceived to be a hasty resolution on the part of the then acting Justice Secretary
Alberto Agra in dropping murder charges against Zaldy and Akmad Sr.
He also issues orders and signs pleadings and motions when the need arises.
It was Arellano who designated DOJ Prosecutor Lamberto Fabros to handle the
prosecution of the Perez murder case at a time when the handling local prosecutor
appeared to be hesitant in the face of a trial judge perceived to be biased in favor
of the accused. Arellano also keeps himself updated with the progress of the murder
case against the killers of Desiderio Camangyan in Mati, Davao Oriental.
Another crucial position in the success of prosecution efforts is that of the

WPSBP director. The death of its program director, Senior State Prosecutor Leo B.
Dacera III, was a big blow to the DOJ’s WPSBP. Its longest serving program director,
Dacera managed the WPSBP with a rare understanding of the factors that influence
and affect prosecution work.
Dacera fully understood that witness protection work is not simply a matter of
keeping witnesses safe but also includes keeping their morale high so they would
not be discouraged by the protracted judicial proceedings and would not succumb
to threats on their lives or those of their families. Constantly and painfully aware
of the financial constraints and limitations of the program, which make witnesses
vulnerable to offers of settlement, he was also tireless in seeking and humble in
accepting help and assistance from media advocacy groups to cover the educational
and medical expenses and other needs of witnesses and their families.
22
From working on the transfer of the trial venues when it is evident that the
suspect or accused is influential and well-connected, securing witnesses and their
families, keeping tabs on the physical and mental well-being of witnesses and even
those of the handling prosecutors, helping obtain more evidence, coordinating with
appropriate government agencies, to transporting witnesses and prosecutors (and
even judges when there are threats to their safety and security) to and from the
courts, Dacera comprehensively managed the witness protection program.
Given that physical evidence is usually unreliable because of erratic police work,
it is unavoidable for the prosecution to rely on testimonial evidence. The WPSBP
director is indispensable to the success of prosecution efforts. The new program
director, who has yet to be named, has to continue with, or surpass, Dacera’s holistic
approach in running the WPSBP.
Considering the present mix of players—from the DOJ and the DILG secretaries,
the prosecutor general and WPSBP director of the DOJ, to the president himself—the
legal prospects under the administration of Aquino could be described as a mix of
positive and negative possibilities.
This situation will require of the president more than an outspoken Justice
secretary and a low-key prosecutor general to break the culture of impunity. Much
work needs to be done on and in the DILG, the supervising department of the PNP
and the BJMP. The Presidential Communications Group appears to be in need of a
briefing, too; and the shoes of Dacera have yet to be adequately filled.
Finally and most importantly, the president himself needs to take such other
steps as allocating a bigger budget for prosecution efforts and the witness protection
program, and throwing the support of the Office of the President behind the initiatives
taken by the secretary of Justice with regard to the cases of media killings. It is not
enough for the president to declare a National Day of Mourning and to wear a
black armband every Nov. 23. A speedy and fair trial sans off-court threats and the
maneuvering of overpaid lawyers is what is needed—and not just in the Ampatuan
Massacre, but in all the cases of media and extrajudicial killings.
23
BILLS ON MEDIA
IN THE 15TH CONGRESS
T
HE BENIGNO Aquino III administration came to power in July 2010
through the May 2010 elections on the promise that it would be the
opposite of its predecessor on a number of issues crucial to Philippine
democracy, among them its policies on the press and the media. Unlike the
Gloria Macapagal Arroyo administration, which during its nine-year watch
put in place what amounted to a policy of repression against the media and
the press, it very early pledged to support and defend press freedom.
25
The elections also marked a change in the legislative environment as the 15th
Congress convened. But a new Congress, Philippine experience shows, does not
necessarily make for a better environment for the media. While guaranteed by the
1987 Philippine Constitution, press freedom is still subject to threats from the various
interests in Congress, the composition of which remains basically unchanged despite
periodic elections due to the persistence of dynastic rule.
Consequently, the bills that have been filed before the 15th Congress could
adversely or positively affect journalism practice by creating the legal environment
that defines it.
The 1987 Constitution and the bills of the 15th Congress

Two major pieces of legislation, namely the right of reply (ROR) and the freedom
of information (FOI) bills, have been reintroduced in the 15th Congress. The ROR
would compel news organizations to publish or air replies from the subjects of news
reports and commentaries (most of the versions filed do not distinguish between
news and opinion), while the latter would reinforce a Constitutional provision on the
right of citizens to access government information on matters of public concern.
Article III, Section 4 of the 1987 Philippine Constitution declares that “No law
shall be passed abridging the freedom of speech, of expression, or of the press, or of
the right of the people peaceably to assemble and petition the government for redress
of grievances.” Those opposed to the ROR bills say it violates the Constitutional
protection of press freedom because it would undermine the editorial prerogative to
decide what to publish, which in the newsroom is at the heart of press autonomy.
On the other hand, Section 7, the basis for the FOI bills reads: “The right
of the people to information on matters of public concern shall be recognized.
Access to official records, and to documents and papers pertaining to official acts,
transactions, or decisions, as well as to government research data used as basis for
policy development, shall be afforded the citizens, subject to such limitations as may
be provided by law.”
Neither of these bills—the former opposed by most media, media advocates, and
journalists’ organizations; the latter supported by these groups—passed in the last
Congress, together with other media-related bills such as those amending the libel
and shield laws.
Noticeable in this Congress is the number of bills on FOI filed in both Houses.
In the last regular session of the previous Congress last June 4, two months before
the 15th Congress convened, a reconciled version of the FOI bill acceptable to
26
media and journalists’ and media advocacy groups was not ratified by the House of
Representatives, some suspect because then Speaker Prospero Nograles and most of
its members were secretly opposed to it.
While the FOI bills could contribute to making government information more
accessible to both the media and the public, there is a danger that some legislators
who claim to be supporting access to information could make the passage of an ROR
law a condition for their approval of the FOI bill, and even impose conditions on the
implementation of the latter that could cripple it in practice and make information
access even more problematic.
Sen. Manuel Villar Jr., author of Senate Bill (SB) Nos. 76 (ROR) and 1254 (FOI),
wrote in the explanatory note of SB No. 76: “The freedom of speech and expression
enshrined in the Constitution necessarily embraces a correlative right of reply, which
is the right to reply to every form of expression protected under the Constitution,
especially to accusations or criticisms published or aired through the mass media.”
Reps. Rachel del Mar, Karlo Alexei Nograles, and Pedro Romualdo also filed FOI and
ROR bills at the same time.
Other bills to watch

A different outcome is expected during the 15th Congress. As of Dec. 1, a total of
47 bills had been filed before the Senate and the House of Representatives, according
to their respective databases. Not one of these bills has gone beyond committee
hearings in either houses of Congress.
In addition to access to information and the right to reply, the bills filed before the
15th Congress address a wide range of media-related issues such as the protection of
journalists’ sources, the decriminalization of libel, insurance for journalists covering
dangerous assignments, the general welfare of media practitioners, censorship,
prohibitions in coverage and the use of derogatory terms, absentee voting, and the
creation of a Magna Carta for journalists, among others.
In the Senate, a proposed amendment to the Revised Penal Code (RPC) provision
on murder has also been filed. Sen. Jinggoy Estrada’s SB No. 455, “An Act Qualifying
the Killing of Members of Broadcast and Print Media on the Occasion of the Exercise
of their Functions as such, as a Crime of Murder Punishable under Article 258 of
the RPC as Amended”, seeks to automatically categorize work-related killing of
journalists and media practitioners as murder.
Estrada has also proposed a bill (SB No. 677) removing the crime of sedition
from the RPC. Sedition, according to the Philippine Law Dictionary (1972, reprinted
1995), is the “raising of commotions or disturbances in the state.”
27
Another bill (SB No. 815 or “The Philippine Broadcasting System Act of
2010”), also by Estrada, seeks to create a Philippine Broadcasting System which
he envisions to be an alternative to the “commercial [broadcast] system in the
Philippines.” The Philippine Public Broadcasting System shall be an appointive
body responsible for managing national broadcasting stations, formulating a
specific Code of Standards for programming which includes news presentation,
based on specific values. This system shall in turn replace the current government
station’s (NBN-4) management.
Sen. Miriam Defensor Santiago has filed a bill titled “The Free Communications
Act” (SB No. 2284) which would prohibit any government or government-related
agency from censoring and/or regulating a media or news organization.
Sen. Manuel “Lito” Lapid has filed SB No. 939, which prohibits the presentation
of suspects under investigation to the media. This is to protect the identity of the
suspect as well as the confidentiality of criminal proceedings.
Summary of media-related bills filed before the 15th Congress

Number of bills filed
Topic Senate House of Total
Representatives
Freedom of information 12 12 24
Shield law/Sotto law 2 1 3
Decriminalization of libel 1 0 1
Removing sedition 1 0 1
Absentee voting 1 0 1
Welfare of media
2 3 5
practitioners
Killings of journalists 1 0 1
Magna Carta 1 1 2
Censorship and other
2 1 3
prohibitions
Right of reply 1 3 4
Others 2 0 2
Total 26 21 47
28
Filed, passed, implemented

While some of these bills, if passed, would undermine press freedom,
particularly those on the right to reply, the ban on the use of derogatory terms,
and some provisions of the bills on journalists’ welfare and the Magna Carta, some
are supportive of press freedom.
Whether any of these will pass, however, is secondary to how they will be
implemented, given the country’s sad experience with well-meaning but badly
or even maliciously implemented laws. The 15th Congress has more than two
years to do its job, but that’s not as long a time as it seems. As of this writing,
most of the bills have not even reached the second reading stage, making it too
early to conclude whether the present legislature would indeed contribute to the
strengthening of press freedom.
29
Philippine
Philippine Press
Press Freedom
Freedom Report
Report 2010
2010
PENDING BILLS ON MEDIA BEFORE THE 15TH CONGRESS

On the access to information
Bill no. and title Senate Bill (SB) No. 158, „Freedom of Information Act House Bill (HB) No. 53, „Freedom of Information
of 2010‰ Act of 2010‰
Proponents/ Sen. Teofisto „TG‰ Guingona III Rep. Lorenzo Tañada III
authors/sponsors
Date filed July 6, 2010 July 1, 2010
Legislative status Pending before the Committees on Public Information Pending before the Committee on Public
and Mass Media, and Civil Service and Government Information
Reorganization
These bills are practically the same, varying only in their wording
Pros The freedom of information bills promote government openness and transparency
Mandates the public disclosure of transactions involving national interest

Upholds the right of the people (individual or group) to information
Holds the government accountable, and therefore criminally liable for gross negligence, knowingly refusing to
reprint or reproduce requested documents, and knowingly denying the existence of existing information
Cons
Other related bills There are similar bills filed before the Senate which essentially say the same thing: SB Nos. 11, 25, 126, 149,
162, 1254*, 1440, 2086, 2189, 2283, 2355
These bills are filed by Sens. Antonio Trillanes IV, Ramon Bong Revilla Jr., Sergio Osmeña III, Francis
Pangilinan, Juan Miguel Zubiri, Manuel Villar Jr., Loren Legarda, Francis Escudero, Gregorio Honasan II,
Miriam Defensor Santiago, Alan Peter Cayetano, respectively
Similar bills on freedom of information are pending before the House of Representatives Committee on Public
Information: HB Nos. 11, 22, ,59*, 86, 133, 301, 830*, 1713, 1968, 2128, 2969 by Reps. Rodolfo Biazon,
Marcelino Teodoro, Karlo Nograles, Juad Edgardo Angara, Teddy Casiño, Walden Bello, Pedro Romualdo,
Rachel del Mar, Winston and Winnie Castelo, Salvador Escudero III, respectively
HB No. 59 by Rep. Karlo Nograles has a non-retroactive provision which limits the access to information given
or published only after the law is enacted
*This has a corresponding right of reply bill.
30
Philippine Press
On the right of reply

SB No. 76, „An Act Granting the Right HB No. 58, „An Act Granting the Right of HB No. 117, „An Act Granting the Right of
of Reply and Providing Penalties for Reply and Providing Penalties for Violation Reply and Providing Penalties for Violation
Violation Thereof‰ Thereof‰ Thereof‰
Sen. Manuel Villar Jr. Rep. Karlo Nograles Rep. Pedro Romualdo
July 1, 2010 July 27, 2010 July 27, 2010

Pending before the Committees on Pending before the Committee on Public Information
Public Information and Mass Media,
and Civil Service and Government
Reorganization
The three bills are basically similar except for some provisions
Has a sunset clause which makes the
legislation lapse seven years after its
enactment
Undermines the ability of media Imposes even higher fines and penalties Imposes fines ranging from P20,000 to
organizations to self-regulate ranging from P10,000 to P200,000 with P100,000
imprisonment of not more than 30 days,
closure & suspension of franchise for 30
days on the fifth and succeeding offenses
Requires publishers, station Requires publishers, station managers, and
managers, and editors to publish editors to publish or broadcast replies of
or broadcast replies of „aggrieved „aggrieved parties‰ within the day
parties‰ not later than three days after
the „derogatory‰ article or news item
has been published or broadcast
Imposes fines ranging from P10,000
to P50,000
31
Philippine
Philippine Press
Press Freedom
Freedom Report
Report 2010
2010

On the Sotto law On the decriminalization of libel
Bill no. and title SB No. 41, “An Act Amending Section 1 of Republic SB No. 683, “An Act to Abolish the Imprisonment
Act No. 53, otherwise Known as ‘An Act to Exempt in Libel Cases and Providing the Venue of the Civil
the Publisher, Editor or Reporter of Any Publication Action in Libel Cases against Community Journalists,
from Revealing the Source of Published News or Publications or Broadcast Stations, Amending for
Information Obtained in Confidence’” the Purpose Certain Provisions of Act No. 3815,
otherwise Known as the Revised Penal Code, as
Amended, and for other Purposes”
Proponents/ Sen. Vicente Sotto III Sen. Jinggoy Estrada
authors/sponsors
Date filed July 1, 2010 July 7, 2010
Legislative status Pending before the Committee on Public Information Pending before the Committees on Public
and Mass Media Information and Mass Media, and Labor,
Employment and Human Resource Development
Pros Includes broadcast, cable, internet and other Removes the penalty of imprisonment in Articles 355,
electronic media outlets in the coverage of the Sotto 356 and 357
Law which currently applies only to print
Cons Removes the editor and publisher from the list of

persons liable for the defamatory article or show
Other related bills There are similar bills in the House of

Representatives pending before the Committee on
Public Information:
• HB No. 370, “An Act Amending Republic Act No.
53” by Rep. Rachel del Mar
• HB No. 2275 (Refiled as HB No. 2854), “An Act
further Amending Section One of Republic Act No.
53” by Rep. Rufus Rodriguez
A similar bill, filed also before the Senate by Ramon

Bong Revilla extends the coverage to wire agencies,
news correspondents, photographers, cartoonists,
commentators or other practitioners involved in
processing news.
32
Philippine Press
On the welfare of media practitioners

SB No. 85, “An Act Promoting the Welfare of and Providing Protection SB No. 160, “An Act Providing for Mandatory
to Journalists, Providing Penalties Thereof and for Other Purposes” Additional Insurance Coverage and Benefits for
(Journalist Welfare and Protection Act of 2010) Journalists, Employees of Media Entities on Field
Assignment and Freelance Journalists, and for other
Purposes” (Journalists Insurance Act of 2010)
Sen. Jinggoy Estrada Sen. Juan Miguel Zubiri
July 1, 2010 July 6, 2010
Pending before the Committees on Public Information and Mass Media, Pending before the Committee on Public Information
Labor, Employment and Human Resource Development, and Ways and and Mass Media
Means
Provides benefits for journalists at par with those enjoyed by the labor Entitles journalists to additional insurance benefits
force, such as overtime pay, night shift differential pay, and holiday/rest day such as death benefits of P200,000, disability
work compensation benefits up to P200,000, and medical expenses
reimbursement up to P100,000.
Provides exemptions from travel tax, terminal fees, and other related Assures freelance journalists of insurance coverage
charges
Gives journalists the right to form labor organizations and protects their Penalizes those who withhold benefits from
freedom from any type of coercion journalists as stated in this bill
Penalizes coercion of, and restraint on any journalist in the exercise of
his/her duties
The government, particularly the press secretary, will devise a “Code of
Professional Conduct” for journalists
Allows the government to regulate journalism practice by creating
a National Journalists’ Coordinating Council composed of the press
secretary as the chairman, and as members, the chairman of the Philippine
Information Agency, the director of the Media and Information Bureau,
the director of the Media Relations and Accreditation Center, and two
appointive members
There are similar bills filed before the House of Representatives which are A similar bill has been filed by Rep. Teddy Casiño
pending before the Committee on Public Information: in the House of Representatives and is currently
pending before the Committee on Public Information
• HB No. 653, “An Act Promoting the Welfare of and Providing Protection (HB No. 2842, “An Act Providing for Mandatory
to Journalists, Providing Penalties thereof and for Other Purposes” by Additional Insurance Coverage and Benefits for
Rep. Juan Edgardo Angara Journalists, Employees of Media Entities on Field
• HB No. 2398, “An Act Strengthening the Independence of Media in the Assignment and Freelance Journalists, and for other
Philippines by Establishing the Journalists Welfare Fund and for other Purposes”)
Purposes” by Rep. Romeo Acop
• HB No. 2537 (Refiled as HB No. 3160), “An Act Promoting the Welfare of
and Providing Protection to Journalists, Providing Penalties thereof and
for other Purposes” by Rep. Joseph Victor Ejercito
33
Philippine
Philippine Press
Press Freedom
Freedom Report
Report 2010
2010

On censorship and prohibitions
Bill no. and title SB No. 1990, “An Act Prohibiting the Use of the Word HB No. 2737, “An Act Prohibiting Media
‘Muslim’ or ‘Islamic’ in Print, Radio, Television including Reporting of Police and Military Positions,
Cable Television and other Forms of Broadcast Media Movements and Actions during Crisis Situations”
to Refer to or Describe any Person Suspected or
Convicted of a Crime or Unlawful Act and Providing
Penalties thereof”
Proponents/authors/ Sen. Ramon Bong Revilla Jr. Rep. Gabriel Quisumbing
sponsors
Date filed July 26, 2010 Aug. 31, 2010
Legislative status Pending before the Committee on Public Information Pending before the Committee on Public
and Mass Media Information
Pros Acts on the practice of the media to discriminate Regulates the media coverage on crisis
Muslims and to label them as criminals situation, so as to avoid endangering the safety
and lives of the people involved
Penalizes the violators with fines ranging from P1,000 to
P10,000 at the discretion of the court
Cons Does not provide the parameters when the terms Appears to be a hastily drafted bill (provoked
“Muslim” and “Islamic” can be properly used by the Aug. 23 hostage-taking at the Quirino
Granstand in Manila); does not give clear
guidelines on how the media should report about
each type of crisis situation
Appears to be a redundant move as it is
supposedly meant to supplement the Philippine
National Police’s Task Force Usig’s guidelines
on media reporting
Gives an inappropriate penalty—six months and
one day to six years imprisonment—to anyone
who violates provisions of the bill
Other related bills
34
Philippine Press
On absentee voting of media practitioners On the Magna Carta for journalists

SB No. 1198, “An Act Providing for Absentee Voting by the Members of SB No. 896, “An Act Providing for a Magna Carta
Media who are Away from the Places of their Registration by Reason of for Journalists”
Official Function on Election Day”
Sen. Manuel Villar Jr. Sen. Jinggoy Estrada
July 12, 2010 July 8, 2010
Pending before the Committee on Constitutional Amendments and Pending before the Committees on Public
Revisions of Codes and Laws Information and Mass Media, and Labor,
Employment and Human Resource Development
Upholds the media practitioners’ right to suffrage, giving them a chance to Legislates a Philippine Council for Journalists as a
cast their votes general self-regulatory body for journalists and the
journalism profession
Ensures that journalists will enjoy the benefits
enjoyed by the labor force
Does not address the problem of media practitioners who are not yet The provision on “Professional Journalist
registered voters Examination” (accreditation) creates discrimination
within the industry
A similar bill has been filed before the House of

Representatives and is currently pending before the
Committee on Public Information (HB No. 1047, “An
Act Providing for a Magna Carta for Journalism” by
Rep. Rufus Rodriguez)
35
MEDIA SAFETY: THE PRESS

COMMUNITY RESPONDS
T
he country record on the killing of journalists reached a new high on
Nov. 23, 2009, when more than a hundred armed men were suspected to
have killed 58 individuals including 32 journalists and media workers
in Ampatuan town in the southern province of Maguindanao. The journalists
and media workers were part of the convoy of the relatives and supporters of
then Buluan town Vice-mayor Esmael “Toto” Mangudadatu who were on their
way to Shariff Aguak, Maguindanao to file his certificate of candidacy.
37
The worsening situation has prompted media organizations and other concerned
institutions and individuals to redouble their efforts to assist the families of the slain,
seek justice for the victims, and promote greater safety among media practitioners,
not only in behalf of press freedom and journalists’ safety, but also in the defense of
the democratic right to free expression and public access to information.
The 2010 campaign and elections

After the Ampatuan Massacre, many journalists expressed their fears on the possible
dangers they might face during the coverage of the 2010 campaign and elections.
It has been said that the “3Gs” (goons, guns, and gold) dominate Philippine
elections. Because of the nature of their work—media are sources of information,
shapers of public opinion, and have a watchdog role—journalists and media
practitioners are vulnerable to threats and attacks especially during periods of
political tension.
Last March 5, the Center for Media Freedom and Responsibility (CMFR) held
a roundtable discussion with media owners and their representatives as well as
journalists from different parts of the country to discuss how practitioners can
be protected from dangers that may arise during their coverage of the campaign
and elections.
The 32 participants, among whom were the board members of the Kapisanan
ng mga Brodkaster ng Pilipinas (KBP, Association of Broadcasters of the Philippines)
and the Philippine Press Institute, identified safety and protection strategies to assist
besieged journalists and prevent further threats and attacks against those in the field.
The sessions included a legal do’s and don’ts briefing for journalists which
explained election laws and how they impact on the practice of the profession; a
discussion of the Freedom Fund for Filipino Journalists (FFFJ)-Philippine Center
for Investigative Journalism manual on safety called “Staying Alive”; the launch of
the danger zones map (http://www.cmfr-phil.org/dangerzones/) showing the parts of
the country where threats against journalists are worst; and the creation of a safety
communication system that would help media organizations track and/or locate
journalists covering dangerous assignments.
Danger zones map

The participating journalists in CMFR’s seminar on human rights in January 2010
noted that the Commission on Elections (COMELEC) had been having so much trouble
38
with the first nationwide automation system and had delayed releasing a list of hot spots.
They suggested working with CMFR to produce their own danger zones map.
Thirteen journalists provided reports on areas of potential danger, on the basis

of which, among other sources, CMFR produced an electronic map identifying danger
zones. The state of local politics and the journalists’ perception of danger when
working in these places were also among the basis for identifying these zones.
Also included were areas the Philippine National Police, the Armed Forces of
the Philippines, and the COMELEC have previously identified as “election hotspots”
and have included in their “election watchlists”.
Safety training
Months after the Ampatuan Massacre, the International News Safety Institute
(INSI), through the Center for Community Journalism and Development, conducted
three-day safety trainings for Mindanao journalists.
INSI is a coalition of news organizations, media workers and individuals

promoting the safety of journalists working in dangerous situations. The first training
was held in January 2010 with 48 participants while the second was conducted in
February with 24. Both were conducted in Camp Bahianin, Bukidnon.
The topics included trauma awareness, first aid and basic life support, and
reporting in hostile environments. Members of the 403rd Infantry Brigade, which
specializes in anti-guerilla warfare, and the Light Armor Division of the Philippine
Army were invited to assist the discussion and provide simulations.
Similarly, the National Union of Journalists of the Philippines (NUJP) has

been conducting safety training seminars and workshops with the support of the
International Federation of Journalists since 2005.
The NUJP safety training seminars and workshops are of three parts, which include
an overview of the Philippine media safety and ethics, reporting during hostile and conflict
situations, and safety precautions when journalists are themselves the targets.
Training for trainers

Aside from safety trainings, both INSI and the NUJP have held training seminars and
workshops for trainers so that community journalists can help protect each other.
39
INSI started training Southeast Asian journalists to be safety trainers in 2007.

The INSI training for trainers was a more rigorous month-long program that addressed
issues discussed in safety training seminars. Previously certified safety trainers
include the NUJP’s Froilan Gallardo and the NUJP Media Safety Office Executive
Coordinator Rowena Paraan.
The NUJP also held a 10-day training seminar last June on risk awareness and
media safety at Baras town, Rizal province for eight journalists from different parts
of the country.
Paraan emphasized the importance of including a session discussing why journalism

has become a dangerous profession and the importance of ethical practice.
Another session was on conflict management. This session offered practical

knowledge on and in dealing with situations such as rallies and demonstrations.
Other sessions included a discussion on basic medical emergency response, surviving
abduction, and counter-surveillance.
Trauma peer support network

While INSI has included in its safety training, trauma awareness and coping
with stress, the NUJP has started a separate peer support network for journalists who
have experienced trauma from day-to-day coverage.
Assisted by the Dart Centre for Journalism and Trauma Australasia Managing
Director Cait McMahon, 16 journalists from different parts of the country were
trained to provide fellow journalists who have experienced stress and trauma
psychological and emotional support. The training was a one-day event held last
August in Batangas.
The NUJP will be training another set of counselors in February 2011.
Monograph on safety
To mitigate the risks faced by and to enhance the protection of journalists and
media workers, CMFR has asked media owners and their representatives to be more
involved in the development of strategies on media defense and safety.
CMFR has produced a monograph titled “Journalists’ Safety: Involving Media

Owners”, which addresses issues of journalist safety and security and emphasizes
the positive role media owners can play. In addition to evaluating the dangers
40
journalists may face at work, it also suggests joint media owners’-journalists’

response to the problem.
Networks and Media Safety Office

The NUJP opened in Manila a Media Safety Office (MSO) in 2005 as a response
to the increasing number of journalists being killed. The safety office was tasked to
deal with attacks, complaints against media and to conduct safety training sessions
for journalists.
In April 2010, the NUJP opened another MSO in Cagayan De Oro City, Misamis
Oriental in Northern Mindanao. This was in response to the apparent threats to the
safety and security of journalists and media practitioners, most especially those from
the Southern Philippines.
The location of these offices was significant. Last May 9 (a day before the
elections), Cagayan de Oro City-based journalists sought refuge in the home of
then outgoing Catarman town mayor in Camiguin province when Gov. Jurdin Jesus
Romualdo, then Catarman mayoral candidate Nestor Jacot, and their men allegedly
harassed and threatened them. These journalists were father and son Herbert Hugo and
Herbert Hubert Dumaguing, Alphyn Cabanog and Albin Lobino of RR Productions,
Jinggoy Abanil, and Rene Abris.
The Dumaguings, together with Cabanog and Lobino, were taking footage
in Barangay Tangaro in Catarman town when they chanced upon supporters of
Romualdo and Jacot handing out envelopes supposedly containing money. The
supporters allegedly took their equipment and mauled them when they saw the
journalists. (See related story on page 74.)
Through MSO Coordinator for Mindanao JB Deveza and NUJP Safety Coordinator
Paraan, the NUJP coordinated with the police to have the six journalists taken out
of Camiguin.
The Camiguin incident once more demonstrated how essential networking and
coordination among media organizations are in the safety of journalists. (As of press
time, the Dumaguings were facing two separate criminal cases—for allegedly forcing
their way into a private home in Catarman town and for grave coercion. These two
cases were related to the May 9 incident. The Dumaguings have already posted bail
with the help of the FFFJ.)
Journalists suggested precisely this kind of coordination among media workers

during the March 5 roundtable discussion. A team from a major telecommunications
41
company presented a study of a communication system that will help keep track of
journalists working in danger zones (Person Finder, a location-based service). The
instrument allows mobile phone subscribers to locate or follow other subscribers
through short messaging system (SMS), wireless access protocol (WAP), and/or the
Internet either through location-based service or a global positioning system.
42
THE MEDIA
IN THE PUBLIC EYE
T
wo events had a great impact on the country in 2010. The much-
awaited May 10 elections ended the nine-year watch of former
president Gloria Macapagal Arroyo. But the jubilant mood brought
by the change in administration was tempered by the botched handling of a
hostage-taking incident in Manila last August, probably the worst in a series of
errors committed by the young Benigno Aquino III administration.
43
As the most influential instruments in shaping public opinion, the media

are expected to provide relevant information in furtherance of intelligent public
discourse. But journalists must at the same time ensure that reporting would not
cause any harm to viewers and readers, subjects, and media workers themselves.
Traditional means of feedback, perception surveys and—of late—social networking
sites have shown how the public perceives media performance in covering certain
issues and events, more notably the elections and the Aug. 23 hostage crisis.
The social networks and mainstream media

The boom in social networks involvement among Filipinos has made for a more
empowered general public. Some citizen journalism initiatives launched in social
networking sites like Facebook and Twitter made some citizens instant reporters; the
same sites also provided opportunities for exchanging insights on the day’s issues.
Citizen involvement was the buzzword in this year’s elections. Mainstream

media and independently-initiated private efforts attempted to involve ordinary
citizens in information gathering and dissemination. Television stations ABS-CBN 2
and GMA-7 launched such citizen journalism projects as Boto Mo, iPatrol Mo: Ako
ang Simula (Your Vote, Your Watch: I am the Beginning) and YouScoop respectively.
The reformatted TV5 had JournalisMO accounts on Twitter and Facebook. (Boto Mo,
iPatrol Mo: Ako ang Simula later developed into a post-election effort, Bayan Mo,
iPatrol Mo [Your Nation, Your Watch].)
Various public interest groups and bloggers also hit cyberspace and set up
their own election monitoring websites like Blogwatch.ph, Votereportph.org, and
Kontradaya.org among others. These independent blog sites attempted to provide
information that the mainstream media failed to present. These websites also
published some stories from the mainstream media.
The Commission on Elections (COMELEC) also accredited bloggers to cover the

elections. The COMELEC granted them access to events and proceedings where media
accreditation was needed.
Beyond access, the audiences were also given quicker, more varied means to
comment on information provided to them.
Mixed views on 2010 election coverage

In a Feb. 21 to 25 Pulse Asia survey, six out of 10 Filipinos said they saw the
media as the most influential sources of information in choosing a president. It is
44
important to know, then, if the public feels it has benefitted from and made sound
decisions based on the information media provided them.
As the election campaign kicked off, mainstream media took advantage of the
ability of social networking sites to provide the electorate more interactive channels
to air their opinions. Aside from the comments pages of their respective news
websites, news organizations and news personalities made use of popular sites like
Twitter and Facebook, inviting public discussion by providing people the chance to
post their comments on certain issues. The news organizations’ social networking
pages also became a venue for the public to directly assess how the media have been
covering pertinent issues and events.
Were the media fair?

The comments collected by The Philippine Star (“How the media covered elections
thus far?”, March 17), and others posted on news sites and social networking pages,
provide a clue to the public’s view of media coverage of the presidential elections.
As to whether or not the media were fair, public opinion was mixed. A reader from
Ilocos Norte commented on the Star: “So far, the media are fairly accommodating in
espousing the respective political agenda” of the candidates. A reader also said that there
was more balanced coverage in 2010 compared with 2004. Over abs-cbnNEWS.com, one
online user commended the station for “fair and balance(d) reporting.”
However, some sensed partisanship and political bias in the news reports and
among several media personalities (e.g., columnists and television hosts). Some blogs
and comments posted online sensed columnist partisanship when writing about
certain candidates or when framing their questions. The Center for Media Freedom
and Responsibility (CMFR) received comments naming a media organization that
supposedly reported in favor of then presidential candidate Aquino.
The mixed attitude of people towards media coverage was reflected by a post-
election Pulse Asia survey from July 1 to 11. Using face-to-face interviews with
1,200 respondents, the study showed nearly half, or 49 percent, think that “most
influential media practitioners” covered the May 2010 elections fairly. Among the
respondents, however, 29 percent were undecided.
People’s perception of partisanship is validated by the fact that elections

are purely a partisan activity. While election campaigns would inevitably reek of
partisanship, the problem, noted PJR Reports editor Luis V. Teodoro in an analysis
(“Columnists, Partisans and Conflicts of Interest”, July-August 2010), lies in
possible conflicts of interest when any media practitioner does paid or volunteer
45
work for a politician’s campaign.
But there was no institutional bias towards any candidate on the part of media.
The CMFR monitor of media coverage of the 2010 campaign and elections showed
that ABS-CBN 2 and GMA-7 were generally impartial: approximately 90 percent of
reports in both TV stations were neutral.
CMFR determines bias according to whether more than one side is used as
sources and subjects in news reports.
Moneyed candidates enjoyed most media access

CMFR pointed out in its 2010 election coverage monitor that there remains an
imbalance in covering candidates, as far as their being subjects and sources in news
reports are concerned.
This perception is shared by those who thought that the presidential frontrunners
figured in most of the available print space or air time, and saw this as bias against
candidates with lesser resources. A Star reader commented: “Just look at who
occupies the front pages and those given news mileage by TV and radio…. If it’s not
Aquino, it’s Villar. Just a small space is being given to Gibo (Gilberto Teodoro Jr.),
Erap (Joseph Estrada), and (Richard) Gordon. It is even located in the deep recesses
of the newspapers.”
Words from (political) sponsors

Some people felt that the media, especially television, gave too much time for
political advertisements. One Star reader even went as far as commenting that the
elections “were able to satisfy the greed for profit of the two leading networks.”
The Philippine Center for Investigative Journalism last May 26 pointed out that
while it is true that political advertisements were in plentiful evidence in print and
broadcast, it was largely because of the COMELEC’s vague and fickle interpretation
of the Fair Election Act’s provision on airtime allotment for advertisements, and
the political parties’ ability to go around the existing rules (e.g., “piggybacking” on
party-list groups to get more advertising time).
The (few) good points

Some media consumers appreciated media’s efforts to give more time for
candidates to present their platforms. Some Star readers mentioned the debates,
46
forums, one-on-one interviews and news specials that “help(ed) voters get to know
the presidential candidates better.” They appreciated such media advocacies as voter
education, and efforts to encourage voters to change things through citizen journalism
(ABS-CBN 2’s Boto Mo, iPatrol Mo ended with 121,733 Facebook followers).
This was also noted by CMFR in its 2010 election coverage monitor. CMFR saw
that media paid more attention to the issues the candidates must address through
debates (like the “Inquirer 1st Edition: The Presidential Debate”, ABS-CBN 2’s Harapan,
and GMA-7’s Unang Hirit’s Hiritan 2010) and special segments and programs aired
on weekend primetime or during primetime newscasts (such as GMA-7’s Kandidato,
VoteBook, and Biyaheng Totoo).
The July 1 to 11 Pulse Asia survey, meanwhile, reflected mixed public perception
as to whether there was enough discussion of important issues and candidates’
programs: four in 10 people surveyed agreed, three in 10 disagreed and another
three were undecided. This, however, is an improvement from the 2004 elections,
wherein only two in 10 people surveyed agreed and four in 10 disagreed that there
was succinct discussion of issues and platforms.
Reporting black propaganda

The online platform provided the public better access to information and more
interactive exchange of viewpoints. But the providers of information still need to be
responsible and the consumers more media literate.
Media’s tendency to report on black propaganda caught the ire, not only of
media watchdogs, but also of the public, as demonstrated in the case of ABS-CBN
2’s airing of a fake psychiatric report on then candidate Aquino.
The psychiatric report that first came out from a now inaccessible blog (http://
www.politicalamateur.wordpress.com) circulated during the thick of the presidential
campaign through e-mail and social networking sites. The report, dated 1996,
indicated that Aquino has a mental and behavioral problem.
ABS-CBN 2’s primetime newscast TV Patrol World picked up the fast-spreading

psychiatric evaluation. The report erred in its emphasis. Even when ABS-CBN 2
on that day managed to get the denial from priest Carmelo Caluag, the one who
allegedly signed the document, it still reported on the apparently fake report first,
and on the denial later. Caluag was the principal of the high school division of the
Ateneo de Manila University when the report was supposedly made.
CMFR’s April 14 statement scored ABS-CBN 2 for coming out with the report.
47
The station, said CMFR, erred out of a desire to immediately air the report to out-
scoop its competitors. (“A Costly Mistake”, http://www.cmfr-phil.org/2010/04/14/a-
costly-mistake)
Through then ABS-CBN 2’s News and Current Affairs Vice-president Maria
Ressa, the station denied that the motive behind the report was to snag a scoop. The
network argued that the psychiatric report was fast spreading online and compelled
the network to immediately broadcast a report on the issue.
People’s comments over abs-cbnNEWS.com and their Facebook page reflected

the same sentiment as CMFR’s. People were slamming the station for “reporting on a
story based on a bogus document,” and for its scoop mentality. “Anong hindi scoop
ang habol ninyo. ‘Yan ang palagi ninyong goal (Why do you claim that you were not
after a scoop when that has always been your goal)?,” commented one in response
to ABS-CBN 2’s statement.
Aug. 23 media lapses provoke public scrutiny

A free and self-governing nation needs a free press. This is the primary reason
the Constitution mandates that the state cannot pass any law encroaching upon
press freedom, and consequently, must leave regulation to the press itself.
While the press should satisfy the need to air or publish issues of public interest,
it is also obliged to regulate the flow of information when situations, especially
where public safety and welfare is at stake, call for it.
This is expected of the media all the time but specially during crisis situations.
The media, however, fell short of the people’s expectations in reporting the Aug. 23
hostage-taking crisis.
The public’s judgment

Survey firm Social Weather Station (SWS) found that many of those who
actually followed the incident’s coverage believed reporting by the broadcast media
affected the incident’s outcome (nine people including the hostage-taker were killed).
The Sept. 24 to 27 SWS survey said eight out of 10 Filipinos believed TV and radio
reporting of the Aug. 23 incident brought very great or great danger to the hostages,
although only about seven in 10 actually followed the reporting on the incident.
Public disgust over the media coverage of the hostage-taking was evident in
the comments posted in social networking sites of the news organizations, and in
48
the comments sections of their own websites. While some netizens expressed disgust
with law enforcers for being too “ill-trained and ill-equipped” to handle the incident,
media’s culpability could not be denied, still others said. One person who posted this
comment on GMANews.tv, went as far as saying that “(a)ccessories din ang media sa
krimen...may dugo na ang kanilang mga kamay (Media were also accessories to the
crime...there is blood on their hands).”
Some were one with the opinion of media critics that media’s coverage of the
arrest of the hostage-taker’s brother, Gregorio Mendoza, was a big blunder. “There’s
no other way (to go but) acknowledging that live broadcast of the arrest was
unnecessary,” a comment read.
Not a few demanded media’s apology: While it is obvious that “the media over-
covered everything, even exposing the location of the sniper,” read a comment, the
media did not bother to apologize.
“Yabang talaga ng media (The media were arrogant),” another comment read.
“Wala pa kahit isa mga TV networks ang nag-sorry sa role nila. Nire-review pa lang
nila ang coverage nila, it will only take a second to see na ginawa nilang teleserye
‘yung news event (None among the TV networks have apologized for their role [in
the crisis]. They claimed to be still reviewing their coverage but it will only take a
second to conclude that they made a soap opera out of that news event).”
ABS-CBN 2 generally received negative reactions to its statement regarding

its coverage.
The station enumerated what it did and did not do during the hostage incident.
It said it exercised restraint by, among others, refusing to air live the hostage-taker’s 3
p.m. deadline “to avoid fuelling public fear,” and even turning off its lights when police
requested so. ABS-CBN 2 added that “if the government had called for a news blackout
that day, ABS-CBN 2 would have supported it.” It was also in the same statement that
ABS-CBN 2 called for an industry-wide review of the Aug. 23 coverage.
Some acknowledged ABS-CBN 2’s call for an industry-wide postmortem. A

comment read: “Yes, we may not agree (with) everything in the (statement) but at
least they’re honest enough to admit that some things need to be looked at.”
Some found the statement to be more defensive than apologetic.
A comment read: “Sounds like they wanted to clear their names from the blame.
Basically, they (wanted to tell the) public that they’ve (done nothing) wrong. Ted Failon
even interviewed the brother of Mendoza (while) he (was being arrested) by the police.
49
You even showed shots of police positioning at each side of the shuttle.... We watched
you. (We,) the public knew what [information] you have fed us. (The coverage on Aug.
23) was an example of irresponsible reporting in the Philippines.”
Slightly similar was CMFR’s call for the media to stop being defensive, and
to engage in intensive reassessment and self-criticism instead. In an Aug. 28
statement, CMFR “urges (the media) to resist blaming the police for not having
imposed restrictions on them. The self-regulatory regime in which the media function
demands that they do not wait to be told what to do given the basic responsibility
to minimize harm.”
Others have also echoed CMFR’s position. “Media has no excuse on this incident.
They are not little kids that ‘need to be told’ not to air sensitive events that can snap
any established negotiation,” a reader of GMANews.tv said.
Some, like the one who posted this comment on the same news site, thought that
“[t]he blind pursuit of high ratings (by the broadcast media)...is paramount to risking
innocent lives...in short bira nang bira at hindi na nag-iisip ang mga media natin
(…our media simply broadcast with little thought).” A comment over abs-cbnNEWS.com
meanwhile called for stations to resist the “culture of competition.”
And as if the repercussions of state regulation were no longer an issue,

some agreed that the government should regulate media content. A comment on
abs-cbnNEWS.com read: “There should be a government agency that would be
quick to censor what the media show on TV.” Still on the comments page, one
cried “no to 100 percent self-regulation” and another plainly said, “Kasuhan na
ang media (File charges against the media)!”
But while the media committed dangerous lapses in the incident, the Constitutional
protection of press freedom must be upheld. University of the Philippines journalism
professor Danilo Arao said in the article “Pagpuna bilang pagtatanggol sa midya
(Criticism as means of protecting media)” that criticism and self-criticism of the
media must be done to protect it from state intervention: “Ang pagpuna ay hindi
pagkutya kundi indikasyon ng pag-aalala (Criticizing the media is not meant to put
them down but to serve as a reminder).”
Students’ perceptions of the media

It is not clear yet whether the Aquino administration could or would put an end
to the culture of impunity, a phenomenon that exists to a large extent because of
the previous administration’s lack of political will to hold the perpetrators of media
killings liable.
50
The trial of those accused of planning and executing the Ampatuan Massacre
in November 2009 is ongoing, but is moving slowly. Although four other journalists
were killed in separate incidents in 2010, the massacre of 32 journalists was considered
the worst blow to press freedom under the Arroyo administration. Attacks against
press freedom during her administration include the arrest of journalists covering the
Manila Peninsula standoff and Arroyo spouse Jose Miguel Arroyo’s libel-suit spree
against 46 columnists and reporters.
This being the situation of press freedom in the Philippines, are students
still interested in taking courses in mass communication, or considering mass
communication as a career?
An unpublished 2007 study from the University of the Philippines (UP) (“Next
in line: The impact of media killings on the attitude of journalism students in UST
[University of Santo Tomas], UP, and PUP [Polytechnic University of the Philippines]”
by Rosario Joy Flores and Jam Marie Razal) measured the interest of journalism
students in pursuing careers in the media after graduation.
Most students from PUP, UP, and UST (85.36, 84.78, and 83.01 percent,
respectively) saw politicians as mostly to blame for the killing of journalists.
Some believed lack of proper training (PUP, 63.04; UP, 53.04; UST, 47.16) is also
a reason behind the killings.
More than half of the students surveyed per school believed some media
practitioners get killed because some media practitioners themselves abuse press
freedom (PUP, 56.09; UP, 56.52; UST, 62.66).
The students believed a better justice system (PUP, 12.80; UP, 17.39; UST, 9.43),
raising ethical standards (PUP, 17.68; UP, 19.56; UST, 18.86) and proper training
(PUP, 17.07; UP, 17.39; UST, 20.75) are among the solutions to the killings.
Most students were strongly affected by news regarding media killings; majority
fears they could be victims themselves (PUP, 63; UP, 80; UST, 82). But nine out of
10 students surveyed from the three universities said they would still like to pursue
careers in journalism after graduation. Some students surveyed however would
explore other career options, primarily advertising.
Meanwhile, a 2008 unpublished thesis from UP (“AdJourn: A study on journalism

graduates working in the advertising industry and the usefulness of their education
to their profession” by Dana Angeli Errazo) looked into why some journalism
graduates chose to work in advertising agencies. Compared to the low pay media
51
workers receive relative to their work hours and scope of work, those working in
the advertising industry get heftier pay, faster career advancement and have a more
flexible schedule.
Despite the low pay and dangerous working environment, schools offering
mass communication courses still have a relatively high enrollment turnout, at least,
based on the figures obtained by CMFR from colleges and universities (UP, De La
Salle University, Ateneo de Manila University, UST) and the Commission on Higher
Education (which supplied enrollment data for four other schools). Year-on-year
comparisons of enrollment figures from selected universities show that, despite the
declining press freedom situation, the schools surveyed still had high enrollment
figures in mass communication courses.
Enrollment for five of eight Manila-based mass communication schools in 2010

decreased, but the decrease was minimal. There was a four-percent decrease in 2010
enrollees in UP compared with 2009. However, this may not be attributed solely to
the harsh press freedom condition in 2009. Even before the Ampatuan Massacre, a
decrease in these figures was already being noted. Lawyer and professor Charlton
Romero, chair of St. Scholastica’s College-Manila’s Mass Communication department
said that the factors that contribute to decreasing enrollment figures “relate [more]
to economics/financial [reasons], and interest in other new, popular courses such as
culinary [arts], etc.”
Number of mass communication undergraduate enrollees

from selected schools
School 2008 2009 2010
De La Salle University 95 121 118
Ateneo de Manila 402 383 411

University
University of the 958 918 854
Philippines-Diliman
University of Santo 1048 1194 1337
Tomas
St. Paul University- 129 222 222
Manila
Colegio de San Juan de 525 430 410
Letran
Polytechnic University of 1232 1086 1062
the Philippines
University of the East 443 455 431
Sources: Commission on Higher Education, enrollment figures obtained from De La Salle University, Ateneo de
Manila University, University of the Philippines, and University of Santo Tomas
52
The figures from 2008 to 2009 show that more than half of the enrollees across
all eight schools were female.
Enrollment breakdown by gender

2008-2009 2009-2010 2010-2011
School M F %F M F %F M F %F
Ateneo de Manila 119 277 69.95 115 263 69.58 115 290 71.6
University
University of the Philippines 244 687 68.07 248 646 72.26 230 624 73.07
University of Santo Tomas 206 842 80.34 265 929 77.81 355 1032 77.19
St. Paul University Manila 3 126 97.67 3 219 98.65 3 219 98.65
Colegio de San Juan de 231 294 56 169 251 59.76 170 240 58.54
Letran
Polytechnic University of 482 750 60.88 389 695 64.11 299 763 71.85
the Philippines
University of the East 147 296 66.82 141 319 70.11 129 302 75.31
Sources: Commission on Higher Education, enrollment figures obtained from De La Salle University, Ateneo de Manila University,
University of the Philippines, and University of Santo Tomas
THE AUG. 23 HOSTAGE-TAKING:

MEDIA LAPSES INVITED GOVERNMENT INTERVENTION
(Reprinted from PJR Reports, September–October 2010)
M
EDIA COVERAGE of the Aug. 23 hostage taking at Manila’s Quirino
Grandstand provoked attempts at state intervention within days of the
event, making it one of the most significant developments in the media in
2010.
A congressman introduced in the House of Representatives a bill that would

penalize the media for revealing police and troop movements, and there was talk in
government circles of imposing news blackouts during crisis situations. A few weeks
later, President Benigno Aquino III, describing the behavior of some reporters on the
scene as “irresponsible bordering on the criminal,” threatened to have Congress pass
a law penalizing such behavior.
As the details of how the media covered the incident later showed, Aquino wasn’t
exaggerating. Media behavior underscored the imperative of continuing attention,
53
by the media themselves, to ethical compliance and adherence to professional

standards.
What happened
At about 9:30 a.m. of Aug. 23, dismissed police officer Rolando Mendoza took
hostage 25 tourists from Hong Kong and some Filipino staff who were in a bus about
to leave Fort Santiago for Manila’s Rizal Park. The ensuing hostage drama lasted 11
hours and ended with nine individuals, including Mendoza, dead.
As early as 11 a.m., local media had started reporting on the situation in the
form of breaking news and flash reports. Mendoza had already released two hostages
by then. The ABS-CBN News Channel (ANC) began covering the hostage crisis live
at about the same time.
Towards the evening, many of the television networks were also covering
the hostage crisis live. Among none of them did it seem to have occurred that
irresponsible coverage of the event could cost lives.
The two major primetime news programs offered different approaches to their
reportage: GMA-7’s 24 Oras presented the news as if were an action movie, while
ABS-CBN 2’s TV Patrol gave the audience the melodramatic side, or what’s known
as “weeping mother” stories: it interviewed Mendoza’s parents, other relatives and
neighbors.
Were it not for reporter Erwin Tulfo and his insistence on playing negotiator,
TV5 could have actually done better than either network. TV5’s special coverage,
“Hostage sa Manila (Hostage in Manila)” and later on, its news program Aksyon, were
actually more restrained and presented a comprehensive background on Mendoza
and the reasons for his dismissal from the service.
Government station NBN-4, and the government-sequestered stations

IBC-13 and RPN-9 were equally restrained. But their reporting was incredibly
inadequate, despite their easy access to government sources of information,
including the police. NBN-4 could not get right the number of the hostages, the
fatalities, and even the name of the hostage-taker, both during the event itself
and even later. All three networks’ reports were without background, except for
the claim by NBN-4 and IBC-13 that Mendoza had been accused of extortion.
“Tumabi kayo (Get out of the way)”
At about 7:15 p.m., a policeman explicitly asked TV reporters not to cover live
the arrest of Mendoza’s brother, Gregorio. Gregorio, who was also a policeman, was
54
The Aug. 23 hostage-taking: Media lapses invited government intervention
accused of being an accessory to the crime his brother was committing.
Despite the policeman’s pleas and his colleagues’ attempts to prevent the media
from covering the arrest, all the television stations continued covering it live. ABS-
CBN 2 reporter Ron Gagalac even said: “Pangamba nilang magwawala itong hostage-
taker kapag nakita niya itong pangyayaring ito ([The police] fear that the hostage-
taker might turn violent if he sees this).”
Minutes after Gregorio’s arrest was broadcast live all over the Philippines, the
hostage incident turned bloody.
Background reports
In the afternoon, ANC aired reports that were supposed to provide the public
with more information. The network aired a report on the “injustice” Mendoza
had supposedly suffered when he was dismissed from office two years before his
mandatory retirement. The report also aired interviews with Mendoza’s relatives, all
of whom told the world how wonderful a person he was.
A similar report was later aired on TV Patrol, which used the same weepy tone.
In Alex Santos’ report, Mendoza’s awards while in the service were also featured,
in addition to painting him as an ideal public servant. “Napakaliit ng sweldo ni
Mendoza pero minahal pa rin niya ang kaniyang trabaho at isinugal ang sarili para
sa serbisyo (Mendoza received a low salary, but still loved his work and sacrificed
himself in the service),” said Santos.
Both ANC and ABS-CBN 2 also aired an interview with Armando Ducat Jr.,
owner of a day-care center in Tondo, Manila who held hostage 26 of his students and
four teachers in a bus on March 28, 2007. While the report was initially a review of
prior hostage dramas, Ducat was given the chance to comment on Mendoza’s acts.
“Naniniwala rin si Ducat na tama ang ginawa ni Mendoza dahil hindi naman daw
maaaring kimkimin na lang nito ang kaniyang sama ng loob (Ducat also believes
that Mendoza did the right thing because he should not let his frustrations bottle up
inside).” In short: the public was being told that in addition to being an ideal son,
neighbor, and policeman, Mendoza was also a victim of injustice and had every right
to react the way he did.
Both Saksi (GMA-7) and Aksyon (TV5) aired similar reports on Mendoza and
Ducat. But these were not as partial to Mendoza as TV Patrol’s report.
And yet what was at issue was not the validity of Mendoza’s claim that he had
been wrongly accused and convicted of a crime, but his resorting to hostage-taking
to force the government to reinstate him. When the supposed background stories
focused on the hostage-taker’s humanity and the supposed injustice he had suffered,
55
they were in effect saying that the end—resolving Mendoza’s woes—justified the
means—his taking hostage 25 people who had nothing to do with his problems.
Covering Gregorio Mendoza
At around 7 p.m. last Aug. 23, said the report of the Incident Investigation and
Review Committee (IIRC), Manila mayor Alfredo Lim ordered the arrest of Gregorio.
Gregorio ran to the media, claiming that the police were going to kill him or were at
least preparing to charge him with being an accessory to his brother’s crime. Lim’s
alleged instruction to “take (Gregorio Mendoza) to Tondo,” said IIRC, was police
shorthand for torture; this was the basis of the IIRC recommendation to file criminal
charges against Lim.
Quite noticeable in the coverage by TV Patrol was the voice of one of its
staff seemingly forcing Gregorio to accept a headphone so anchor Ted Failon
could interview him. What made Failon’s interview problematic was his attempt to
negotiate with Gregorio by asking him to cooperate with his fellow policemen. “Sa
pagkakataong ito, hindi po ba kayo pwedeng mahinahong sumama sa mga pulis at
sasamahan po kayo ng mga tauhan ng midya (At this point, is it not possible that you
calmly come with the police and people from the media will escort you)?,” Failon
repeatedly asked Gregorio.
Instead, Gregorio resisted the policemen who were trying to drag him to a
waiting police car, while his relatives tried to help him. Reporter Susan Enriquez of
24 Oras rushed toward the man and tried to get Gregorio to answer her questions
even while he was fighting off the police.
The media followed Gregorio as he continued to resist arrest and being “taken to
Tondo,” although the policemen trying to arrest him said they were taking him to the
Western Police District UN Avenue headquarters. Other police officers tried to block
the media, some of them shouting that Mendoza may have access to the news and
further coverage could provoke him. True enough, a few minutes after Gregorio was
shown on television being taken away by the police, Mendoza began firing.
Interviewing the hostage-taker
Even before Mendoza had posted his written request for “Media now” on the
windshield of the bus he had taken control of, the IIRC report said he had requested
for a reporter and a cameraman. TV5’s Tulfo arrived a few hours after and offered his
services. But as the IIRC report noted, Mendoza asked for a female reporter instead.
But Tulfo was able to talk to Mendoza for Radio Mindanao Network (RMN)
anyway. Together with anchor Michael Rogas, he began negotiating with Mendoza.
56
At around 6 p.m., Rogas started interviewing Mendoza. A few minutes into

the interview, Police Supt. Orlando Yebra handed Mendoza the Ombudsman’s letter
informing him that the office would review his case. The IIRC report noted that
“while…Mendoza was talking to Yebra, Rogas kept on calling his attention to continue
their live interview in the middle of the hostage negotiations,” thus hampering the
negotiations at a very critical time.
Mendoza was in fact watching on the bus television his brother’s arrest aired
over 24 Oras, and was threatening through Rogas and Tulfo to shoot the hostages if
the police did not stop. “‘Yung kapatid ko nakikita ko, bakit nila ginaganiyan? Akong
may kasalanan dito, walang kasalanan ‘yan! Ipakita ninyo na pinakawalan ninyo
kapatid ko! Pagka hindi, titirahin ko ang mga nandirito sa loob (I can see my brother
[on TV], what are they doing to him? I’m the one at fault here, not him! Show me
that he is being freed, or I will shoot the people inside the bus)!”
Tulfo proudly described his role in the “action” during his report: “At ang
request niya sa akin dahil ako raw ang pinakamalapit dito sa NCRPO (National
Capital Region Police Office) van na hingiin na pakawalan ‘yung kapatid niya. So
what I did was, lumapit ako rito sa NCR mobile van, at sinabihan ko ‘yung ground
commander na pakawalan ‘yung kapatid (Since I was nearest the NCRPO van,
[Mendoza] requested that I ask the police to release his brother. So I went over to the
NCR mobile van and told the ground commander to release his brother).”
Aside from Tulfo and Rogas, Jorge Cariño of ABS-CBN 2 and Enriquez of GMA-
7 were also able to talk to Mendoza. Cariño’s interview was aired during the TV
Patrol Special Report and over Bandila late in the evening. Enriquez’s interview was
never aired by GMA-7.
The problem with interviewing a hostage-taker is that it gives him or her a

platform from which he or she can say anything. A simple question or comment
from a reporter untrained for such a situation can also prolong the situation by
giving the hostage-taker the sense that he’s gaining public sympathy.
At the same time, the interviews with Mendoza choked police communication
lines with the hostage-taker. The IIRC report noted that Yebra was still trying to
contact Mendoza, but that the latter was not answering the police phone, and his
mobile phone was busy. Assistant negotiator Police Chief Inspector Romeo Salvador
told the IIRC that Tulfo was talking on the police phone while describing the bus.
Blow-by-blow coverage
The media were also providing blow-by-blow reports on Mendoza’s shooting of

the hostages as well as on police operations.
57
When Mendoza started firing, ABS-CBN 2 reporter Gagalac ran to where the
bus was parked, and joined the police raiding team, despite police requests for him
not to go with them. The ABS-CBN 2 camera panned to all directions, thereby
disclosing to Mendoza the positions of the police. While ABS-CBN 2 was giving the
audience a long shot of the bus, Gagalac continued to report his and the police team’s
position. “Gumagapang kami rito sa may damuhan sa Grandstand, kasama ang mga
pulis upang makalapit (We are crawling here at the grassy area of the Grandstand
with the police to approach [the bus])” and “May limang pulis akong kasama rito
at nakaporma na sila rito sa may puno (I have five policemen with me and we are
positioned in one of the trees)” were some of the statements he made while reporting,
thus providing Mendoza information on police movements.
Meanwhile, Emil Sumangil of 24 Oras was reporting that he was positioned

close to the snipers who were at that point already firing at the bus. Raffy Tima,
also of 24 Oras, also disclosed on air that the NCRPO’s command vehicle was 25 to
30 meters from the bus, and worse, that the police were preparing to use “longer”
firearms in case Mendoza tried to escape. Michael Fajatin confirmed that a sniper
had shot one of the tires of the bus to keep it from moving.
Tulfo, on the other hand, reported that, “May nakita tayong isang miyembro
ng Special Action Force ngayon. Nakaluhod ito ngayon, naka-ready ‘yung kaniyang
baril, nakatutok doon sa may salamin. At this point, ‘yung ibang mga SWAT (Special
Weapons and Tactics team) naman, ay nakikita natin na gumagapang doon sa may
likurang bahagi ng bus (We can see from here a member of the Special Action Forces.
He is on his knees, his gun ready, aiming at the bus window. At this point, other
SWAT members may be seen crawling from behind the bus).”
Unconfirmed information
When bus driver Alberto Lubang managed to escape, he shouted “Patay na
silang lahat (All [hostages] are dead)!” an unconfirmed claim the media aired. GMA-
7’s Tima did not immediately echo the driver’s statement on TV. While 24 Oras anchor
Mel Tiangco pressed Tima for further details on Lubang’s escape, he avoided using
the same words as Lubang’s. Tima stood by the fact that none of the information had
been confirmed yet. Mike Enriquez and Tiangco later said that the information from
the driver was being withheld because it was unconfirmed.
While Tulfo did report Lubang’s claims, he repeatedly said that the authorities
had yet to confirm if these were true. Gagalac, on the other hand, reported Lubang’s
claims as if they had been confirmed.
Panicky anchors
The media are usually and logically expected to report events calmly to prevent
panic among viewers, listeners or readers. But some of the news anchors themselves
58
were panicking.
While another GMA-7 reporter was on the air, Mike Enriquez butted in, shouting
that shots were being fired. Tiangco kept asking where the bullets were coming from.
Mike Enriquez answered that they were coming from the bus (“Sa may bus [From
the bus]!”).
Tiangco frantically followed up. “Sa may bus? Sa side, sa harap? Sa pagkarinig
mo, saan nanggaling ang putok? (From the bus? At the side? In front? From what
you’ve heard, where did the shots come from?)” “Sa bus, kumpirmado, sa bus, Mel
(In the bus, it’s confirmed, Mel),” Mike Enriquez answered.
Not content, Tiangco followed up with, “Oo nga, pero saang bahagi sa bus (Yes
but at which part of the bus)?” Sounding like a panicky neighbor, she asked again,
“Sa labas ng bintana, sa loob ba? Pinaputukan ba ‘yung bubong? Saan nanggaling?
Sa bintana? Sa pinto? ([Were the shots fired from] outside the window, inside the
bus? Were shots fired on the roof? On the window? On the door?)”
Aftermath
The hostage crisis ended with the death of eight hostages and hostage-taker
Mendoza. TV news media then focused their stories on the condition of the survivors. It
was only then that GMA-7 (Saksi) and TV5 (Aksyon) aired full background reports.
TV Patrol Special Report, the continuation of ABS-CBN 2’s coverage of the

hostage taking, aired a report on the condition of the bus just as the Scene of the
Crime Operatives were entering and probing for evidence. It was once again an
unwarranted intervention into police procedures; entering a crime scene before it
had been examined could compromise whatever evidence there was in the crime
scene.
To assess how the police handled the situation, Aksyon, Saksi and Bandila all
interviewed former SWAT chief and now Manila Regional Trial Court Branch 12
Judge Jaime Santiago who said that there were indeed problems with the police
handling of the situation.
In Teledyaryo’s 9 p.m. newscast, on the other hand, newscaster Aljo Bendijo

raised questions that initially criticized police handling of the hostage incident,
but left other important questions unasked, among them how badly the media had
behaved and contributed to the outcomes of the hostage-taking, which, in addition
to nine dead, also made a mess of the country’s relations with Hong Kong and
China.
59
Local guidelines on covering crisis situations

ABS-CBN News Kapisanan ng mga GMA News and Public
& Current Affairs Brodkaster ng Pilipinas Affairs (Guidelines
Standards Ethics (KBP) Broadcast Code revised Sept. 9, 2010
Manual (2006) (2007) following the Aug. 23
hostage incident)
1. Covering an - Explain to viewers - Coverage shall not - Explain to viewers why

incident “live” where and why certain provide vital information or certain information is
information is being offer comfort or support to being withheld.
withheld by law enforcers. the perpetrator. - Avoid revealing the plans,
positions, weapons and
actions of law enforcers.
- Exercise care in airing
live interviews and live
coverage.
2A. Covering an - Keep in mind the - Do not hinder or obstruct - Assume that the hostage-
ongoing incident possibility [that] the authorities’ efforts to taker/perpetrator is
hostage taker has access resolve the situation. monitoring coverage.
to coverage. - Stations may adopt - Do not cast judgment on a
- Avoid speculative analysis standard operating perpetrator’s actions.
of the hostage taker or procedure (SOPs) in crisis - Assume that the
gunman’s state of mind or reporting, consistent with perpetrator is unstable
demands. the KBP Code. and dangerous.
- Assume that children
may be watching and that
graphic speech and video
must be avoided.
2B. Telephoning the - Do not telephone the - Avoid interviewing or
hostage taker/ perpetrator during an otherwise talking to
gunman/terrorist ongoing incident without hostage-takers and
consulting senior news other subjects of law
management. enforcement operations.
- Be alert to the possibility
that calls from persons
involved in crisis situations
may be hoaxes.
2C. Media Safety - Coverage teams must use
the appropriate protective
equipment.
- When safety is at stake,
avoid unnecessary risks.
2D. Interviewing - Seek news through witness - Avoid interviewing or
victims/hostages statements, but avoid otherwise talking to
adding to a witness’ s peril hostage takers and
or distress. other subjects of law
enforcement operations.
60
ABS-CBN News Kapisanan ng mga GMA News and Public

& Current Affairs Brodkaster ng Pilipinas Affairs (Guidelines
Standards Ethics (KBP) Broadcast Code revised Sept. 9, 2010
Manual (2006) (2007) following the Aug. 23
hostage incident)
- Make interviewees aware

that their comments
and identities may be
publicized.
- Avoid placing interviewees
at risk.
2E. Media as player - Avoid becoming part - Coverage shall not - Decline police requests to
of the incident being provide vital information or negotiate or mediate.
reported. offer comfort or support to
the perpetrator.
2F. Police and - Media personnel should - Do not hinder or obstruct - Exercise restraint
investigating avoid interfering with law authorities’ efforts to assuming that police may
authorities enforcement authorities. resolve the situation. not be able to handle
- Obey instructions from - Stations may adopt media or a crowd.
law enforcement, but still standard operating - If possible, coordinate with
explore all means to get procedure (SOPs) in crisis the authorities when a
the story. reporting, consistent with crisis situation occurs.
the KBP Code.
2G. Beyond basic - Assign professionals in
and technical our organization to focus
aspects of only on the ethical, safety,
media coverage and non-technical aspects
of coverage.
2H. Handling victims - Practice restraint and - Reveal the identity of - Avoid announcing fatalities
sensitivity in handling victims of any ongoing until verified by authorities.
victims and reporting on incident only when
suffering. the situation has been
resolved; avoid airing
names of fatalities until
authorities have verified
and their relatives are
notified.
- [C]overage should avoid
inflicting undue shock and
pain to families and loved
ones of victims.
Editor’s note: Terms such as victims, perpetrators, hostage-takers, etc. are as used in the guidelines drawn up by the media
organizations cited in this matrix.
61
Philippine
Philippine Press
Press Freedom
Freedom Report
Report 2010
2010
International guidelines on
Poynter Institute Poynter Institute David Paletz and
(Al Tompkins, 2000) (Bob Steele, 1999) Alex Schmid (Eds.,
Terrorism and the
Media, 1992)
1. Covering an - Beyond competitive factors, what - Avoid describing or showing any - Provide no live
incident „live‰ are your motivations for „going information that could divulge coverage of terrorists,
live‰? What (part of) truth testing the tactics or positions of Special which gives them an
can you give up to speed (up) Weapons and Tactics team unedited propaganda
information to the viewer? members. platform.
- What rules in sourcing and fact- - Seriously weigh the benefits
checking do you observe? versus potential harm of
- What are the consequences releasing certain information.
of delaying information versus - Be forthright with viewers,
airing it instantly? listeners or readers about why
- Are you prepared to air the worst certain information is being
possible outcome of an unfolding withheld for security.
story? - Challenge any gut reaction to
- How do you ensure the coverage „go live‰ from the scene of a
does not promote hype or fear? hostage-taking crisis, unless
- What are your guidelines in there are strong journalistic
handling and showing violent reasons for a live, on-the-scene
or graphic content? Who in the report. Things can go wrong
editorial team is in charge of very quickly in a live report,
deciding when to delay or stop endangering lives or damaging
airing? negotiations.
- Is time of day a key factor in your
deciding to go live?
2A. Covering an - Assume the perpetrator always - Avoid inflammatory

ongoing incident has access to reporting. catch-words and
- Give no information about a phrases.
hostage-takerÊs mental state - Report any demands
or reasons for actions while a without propaganda
standoff is in progress. and rhetoric.
- Give no analyses or comments - Refrain from doing
on the perpetratorÊs demands. anything that could
- Keep news helicopters out where endanger the lives of
the standoff is happening; noise hostages.
coming from these could scare a
gunman to deadly action.
2B. Telephoning the - Strongly resist the temptation to - Avoid making telephone
hostage-taker/ telephone the perpetrator, much calls to terrorists.
gunman/terrorist so attempt to negotiate.
- Notify authorities when the
perpetrator calls the newsroom.
Also, be ready on how to
respond to it.
Editor’s
EditorÊs note: Terms such as victims, perpetrators, hostage-takers, etc. are as used in the guidelines drawn up by the media
56
62
TheAug.
The Aug.23
23hostage-taking:
hostage-taking:Media
Medialapses
lapsesinvited
invited government
government intervention
intervention
covering crisis situations

BBC Editorial guidelines CBS News International Center for
(Hijacking, kidnapping, hostage- (Production standards for coverage Journalists - Disaster and crisis
taking and siege, 2005) of terrorists, 1977) coverage (2009)
- We do not interview a perpetrator live - Except in the most compelling

on air. circumstances, and then only with
- We do not show any video and/or the approval of the senior news
audio from a perpetrator live on air. management, there should be no live
- We delay broadcasting live material coverage of the terrorist/kidnapper
of stories such as a school siege at the expense of providing him/her
or plane hijack, events that may be unedited platform.
unpredictable and distressing.
- We should also consider the ethical - We must report the perpetratorÊs

implications of providing a platform to demands, but only after ensuring they
perpetrators. are free of rhetoric and propaganda.
- We broadcast recordings made by - Contact experts for guidance on how
perpetrators only after referral to a not to exacerbate the situation in image
senior editorial management. and wordings.
- Ascertain whether phoning the

perpetrator will interfere with the
authoritiesÊ communications.
57
63
Philippine
Philippine Press
Press Freedom
Freedom Report
Report 2010
2010
Poynter Institute Poynter Institute David Paletz and

(Al Tompkins, 2000) (Bob Steele, 1999) Alex Schmid (Eds.,
Terrorism and the
Media,1992)
2C. Reporting - Be very cautious in any
medical reporting on the medical
condition and condition of hostages, and in
interviewing of interviewing hostages, held
hostages or released, while a crisis
continues.
2D. Interviewing - Be careful in interviewing family

family members members or friends of those
or friends of involved in standoff situations.
those involved Conduct the interview for
information and not for shock
value.
2E. Media as player - Fight the urge to become a - Avoid making

player in any crisis situation themselves part of the
unless it is the last resort and story.
it is approved by senior news
management.
2F. Police and - Do not report information

investigating obtained from police scanners.
authorities
2G. Going beyond - Go beyond the basic story of the

the incident incident. Provide background
and context behind it.
2H. Handling victims
Editor’s note: Terms such as victims, perpetrators, hostage-takers, etc. are as used in the guidelines drawn up by the media
EditorÊs
58
64
TheAug.
The Aug.23
23hostage-taking:
hostage-taking:Media
Medialapses
lapsesinvited
invited government
government intervention
intervention
BBC Editorial guidelines CBS News International Center for

(Hijacking, kidnapping, hostage- (Production standards for coverage Journalists - Disaster and crisis
taking and siege, 2005) of terrorists, 1977) coverage (2009)
- When reporting crisis situations, - Reporters should obey all police

obey authorities to not report instructions in a crisis situation
anything that could worsen the but report immediately to news
situation. management if instructions seemingly
- Reporters must follow procedures for intend to manage or suppress the news.
dealing with authoritiesÊ request for a
news blackout.
- Treat victims with dignity and

respect.
- When interviewing, simply introduce
yourself and let them know, „I am
sorry for what you are going through
today.‰
- Start by asking open-ended, non-
judgmental questions.
- Back off if the person says no to an
interview or when emotion runs high.
Thank them kindly and walk away.
- Give victims a sense of control.
Ask if, where and how they
would be comfortable for an
interview.
59
65
KILLINGS AND OTHER ATTACKS

ON JOURNALISTS IN 2010
T
HE HOPE that the killing of journalists would stop once a new
administration is in place has been dampened by the first work-related
killing of a journalist and about 20 extrajudicial killings that occurred
during the first six months of the Benigno Aquino III administration.
67
The latest media casualty was Miguel Belen, a volunteer reporter for dwEB and
a former barangay (village) official in Iriga City, Camarines Sur. Belen died last July
31, 22 days after unidentified men shot him in Nabua, Camarines Sur last July 9.
Belen was on his way home from covering the last draw of the Small-Town
Lottery when unidentified men ambushed him in Barangay San Jose, Nabua town.
In an interview last July 13, dwEB station manager Richard Arnedo said Belen
had previously reported on local elections and corruption in Iriga City. Arnedo said
other staff members of dwEB have also received threats in the past.
The murder case against the alleged killer of Belen was being heard at the
Regional Trial Court (RTC) of Iriga City when this report was being written.
Three killed before the end of Arroyo administration

Three media practitioners were killed in separate incidents in the regions
of Northern Luzon (Region I), and Southern Mindanao (Region XI) as the Gloria
Macapagal Arroyo administration neared the end of its term last June 30.
Desiderio “Jessie” Camangyan, a blocktimer at Sunrise FM-Mati City in

Davao Oriental, was killed at around 10 p.m. while hosting a singing competition
in Old Macopa village, Manay town last June 14. A blocktimer is a freelance
practitioner who purchases “blocks” of radio time for a program for which he
then solicits advertisements.
In a June 15 interview, Philippine National Police (PNP) Southern Mindanao

spokesman Supt. Querubin Manalang said police investigation showed that
Camangyan had just taken his seat after introducing a contestant when the gunman
came from behind him and shot him in the head.
Sunrise FM station manager Bobong Alcantara said Camangyan and his two
co-hosts in Hotline Patrol had been invited by the village captain of Old Macopa to
host the competition. But only Camangyan came. Camangyan was with his common
law wife and their six-year-old son when he was shot.
Hotline Patrol is a blocktime program hosted by Camangyan, and his colleagues

Frank Gupit and Nonoy Bacalzo.
Members of the local media believe the killing was work-related. Alcantara said
the killing could be due to Camangyan and his partners’ commentaries. The three had
been discussing the problems of illegal logging in the province prior to the killing.
68
A murder complaint against the alleged gunman—Police Officer Dennis Lumikid—

and John Does has been filed before the Mati RTC. Last October, the Freedom Fund
for Filipino Journalists requested the Supreme Court to transfer the trial to RTC Cebu
City for the safety of the prosecutors and witnesses.
In Laoag City, dzJC Aksyon Radyo’s (Action Radio) anchor Jovelito Agustin
died last June 16 at a local hospital a few hours after two unidentified men on a
motorcycle shot him four times. Agustin had come from his daily public affairs
program which usually dealt with problems in the province as well as election issues
like the disqualification of some candidates.
Nick Malasig of dzJC told the Center for Media Freedom and Responsibility
(CMFR) in a June 16 interview that Agustin said he had received threats prior to
the killing. In fact, some unidentified men shot at Agustin’s house in Bacarra town
during the campaign period for national and local elections in May 2010. No one
was hurt. Agustin had suspected a local politician as the one behind the shooting
incident last May.
Leonardo Banaag, the alleged gunman in the murder of Agustin, was arrested
last Sept. 23 and as of this writing was being tried at the Laoag City RTC Branch 12.
Banaag used to work for Bacarra town Vice-mayor Pacifico Velasco, who is accused
of masterminding Agustin’s murder.
Vice-mayor Velasco was a subject of Agustin’s critical commentaries.
Velasco and Banaag, along with three John Does, were charged with the murder
of Agustin and the attempted murder of Agustin’s nephew before the prosecutor’s
office last June 21. In August, the investigating prosecutors issued a partial resolution
saying they found probable cause and would file charges against Banaag. (No
resolution has been issued regarding Velasco as of press time.)
Three days after Agustin died, Nestor Bedolido, editorial consultant of the
weekly Kastigador (Castigator) and publisher of the Mt. Apo Current, was killed in
Digos City, Davao del Sur. Bedolido was shot a few meters from his house.
The Davao del Sur PNP claimed that Bedolido was not a practicing journalist.
The chief of PNP Davao del Sur said in an interview that their investigation showed
that Bedolido was “a propagandist” and was previously working for the provincial
government’s newsletter.
Senior Supt. Ronald Dela Rosa was also quoted in the Manila-based broadsheet
Philippine Daily Inquirer as saying that “If we count him as a journalist, then he
69
should be active in writing for an independent media outlet.” Kastigador is a weekly

newspaper established in December 2009, while the Mt. Apo Current is a magazine
allegedly funded by a local politician.
However, media people in Davao del Sur consider Bedolido a media practitioner.
Torrecampo said Bedolido might have been killed because of his exposés on a local
politician in Davao del Sur. But Bedolido was “a propagandist” for some local
candidates during the May 2010 elections, he added.
Torrecampo also said Bedolido previously worked for the provincial magazine
of Davao del Sur Gov. Douglas Cagas before he transferred to the opposing camp’s
magazine, the Mt. Apo Current.
Bedolido’s son, Marxlen, told the Inquirer that his father’s killing was “politically-
motivated.” He also told the Inquirer that his father worked as a writer during the
elections for then gubernatorial candidate Claude Bautista.
In the Philippines, some media practitioners have been known to work for
newspapers and blocktime programs funded by local politicians and businesses.
Some politicians are also known to employ broadcasters to host political programs.
The alleged gunman in the killing of Bedolido surrendered in October 2010.

Voltaire “Boyet” Mirafuentes came to Manila last Oct. 6 together with his lawyers
and surrendered to the PNP, and subsequently to the Department of Justice (DOJ).
In his sworn statement dated Oct. 6, Mirafuentes alleged that he was coerced by Cagas
and Matanao town Mayor Butch Fernandez to kill Bedolido. According to the alleged
gunman’s Oct. 6 sworn statement, Cagas and Fernandez allegedly told Mirafuentes
that the publisher-editor caused Mirafuentes’ parents’ death because “inintriga sila ni
Bedolido (Bedolido was spreading gossip about your parents).” Mirafuentes said his
parents were allegedly killed by Fernandez’s security Apolinario “Jun” Gamayot Jr.
and Elizardo “Doydoy” Bacon. But Fernandez allegedly told Mirafuentes that Gamayot
and Bacon were really working for the camp of Cagas’ rival Bautista.
The DOJ in Manila is conducting a preliminary investigation into the killing

of Bedolido.
Suspect in killing of Zamboanga del Norte blocktimer charged

A murder complaint against the alleged killer of radio blocktimer Ismael Pasigna
has been filed before a court in Labason town, Zamboanga del Norte.
70
Labason town Mayor Wilfredo Balais told the CMFR that the case against the
alleged gunman who killed Pasigna was filed last Jan. 18, 2010.
A gunman on a motorcycle shot Pasigna on his way to work in Labason town

on Dec. 24, 2009. The incident happened around 30 to 40 kilometers from the house
of Balais where Pasigna had come from. Balais said Pasigna usually passed by his
house before going to the radio station.
Pasigna was one of the anchors of the government-funded blocktime program

South Express Balita aired over the local radio station B-96 FM. He started working
as a radio announcer in August 2009. Neneng, widow of Pasigna, and Balais said the
program focused on the progress of local government projects and was not critical.
“He was just speaking the truth,” Neneng told CMFR last Jan. 19.
In a Jan. 13 interview, Police Inspector Chamber Lacay said police investigation

suggested that the incident was election-related.
Balais also believed the incident was politically-motivated. He allegedly received

an anonymous text message after the killing of Pasigna saying that he would be the
next victim. Both Pasigna and Balais are members of the Alliance Party for Progress,
a local political party in Zamboanga del Norte.
In a separate interview, however, Neneng said there is a possibility that the

killing could be related to her husband’s radio work. Neneng said that Pasigna had
aired over radio a controversy regarding the filing of a certificate of candidacy by a
political party in Zamboanga del Norte.
Killer of radio broadcaster-witness found guilty

A local court in Cebu City has found the accused killer of a radio broadcaster
and key witness to the killing of another broadcaster in May 2002, guilty.
In a 19-page decision dated Dec. 28, 2009, Branch 6 Judge Ester Veloso of the
Cebu City RTC sentenced Muhammad “Madix” Maulana to life imprisonment for the
2005 murder of Pagadian City-based radio broadcaster Edgar Amoro. The court also
ordered Maulana to pay the family of Amoro: P50,000 (approximately USD 1,076)
as civil indemnity, P100,000 (approximately USD 2,151) for moral damages, P25,000
(approximately USD 538) for exemplary damages, and P20,000 (approximately USD
432) for temperate damages.
The decision was promulgated last Jan. 26, 2010.
71
CMFR learned that Amoro was murdered because of his positive identification
of the gunman in the killing of Damalerio in May 2002. Amoro and Edgar Ongue,
who were with Damalerio when they were attacked, positively identified police
officer Guillermo Wapile as the gunman. Amoro was also actively helping Gemma,
the widow of Damalerio, in the prosecution of her husband’s killer.
The court said Maulana’s alibi that he could not have been in Pagadian during
the attack because he was attending a wedding in Binwatan, a town two hours from
Pagadian City, did not hold water.
“The accused’s denial and alibi cannot be sustained in the light of the positive
identification of him as the perpetrator of crime,” the court said. “It could not have
been physically impossible therefore for the accused to be at Pagadian at the time
of the incident.”
The court found that on Feb. 2, 2005, Maulana and two accomplices attacked
Amoro on his way home from the public high school where he was teaching in
Pagadian City, Zamboanga del Sur. The Amoro family said in an interview that Edgar
Amoro had been receiving threats from Wapile and his group since 2002. (Ironically,
the death of Amoro occurred when the Damalerio case was being transferred to Cebu
for the safety of the witnesses involved in the case.)
Wapile was convicted in November 2005.
Amoro’s daughter, Edel Grace, told CMFR that the conviction of Maulana
brought “relief” to her “troubled mind.” “It’s the fulfillment of my promise to my dad
(to find justice),” she added.
“The successful promulgation of the Amoro murder case, a sequel to the brutal
killing of broadcast journalist Edgar Damalerio, serves as another breakthrough in
the prosecution service’s efficiency in handling media murder cases, notwithstanding
the many challenges we face in the name of truth and justice,” Edel Grace said in a
Jan. 26, 2010 statement.
The Cebu Daily News reported that the lawyer of Maulana will file a motion
for reconsideration questioning the decision of the Cebu RTC Branch 6. Lawyer
Ferdinand Pablo told the Cebu Daily News that the basis of the decision—which
he described as the “dying declaration” of Amoro that Maulana shot him—“was
not supported by any evidence as it was not stated in the complaint-affidavit of
Erlinda. The victim immediately died and there was no chance for him to talk to
his wife.”
72
Maulana will be transferred to the National Penitentiary in Muntinlupa City.

Another suspect in the killing of Amoro, Norham Ambol, is still at large.
The conviction of Maulana came two months after the conviction of the killer
of Zamboanga del Norte broadcaster Klein Cantoneros. Cantoneros was killed on
May 4, 2005 in Dipolog City by three assailants on a motorcycle.
In a decision dated Nov. 24, 2009, Branch 6 judge Hipolito Bael Jr. of the Dipolog
City RTC found guilty accused Robert “Wangyu” Woo for the murder of Cantoneros.
He was charged with “Murder Qualified by Treachery, Evident Premeditation and
Abuse of Superior Strength”.
Woo was sentenced to a maximum imprisonment of 14 years, 8 months and 1

day and was asked by the court to pay a death indemnity of P50,000 (approximately
USD 1,076); actual damages of P167,000 (approximately USD 3,594); and moral
damages of P50,000 (approximately USD 1,076) to the family of Cantoneros.
PHYSICAL ASSAULTS AND DEATH THREATS
Suspects in attempted killing charged

An attempted murder complaint has been filed against the gunman and his
accomplice in the attempted killing of a Kalinga-based radio broadcaster in Tabuk
City, Kalinga province.
The alleged gunman, Jerry “Boljak” Ladaga, chased Jerome Tabanganay, radio
anchor for government-run dzRK Radyo ng Bayan (The Nation’s Radio)-Kalinga,
inside the radio station compound and shot him four times in the legs last May 15.
Police investigations said the incident was work-related.
Tabanganay said the gunman, who was waiting inside the radio compound,
approached him as he arrived for his morning program at around 6:45 a.m. (local
time) and asked for his name. Sensing danger, he ran inside the radio station, but
the gunman chased and shot him, hitting his knee and the back of his right leg. The
wounded Tabanganay was able to reach his radio booth, and cried for help.
Tabanganay told CMFR in another phone interview, also last May 17, that
he had been receiving death threats through text saying, “Papatayin kita (I will
kill you)” and other similar messages prior to the incident. He speculated that his
commentaries might have hurt certain political figures in the province.
73
However, Tabanganay also mentioned that a local candidate who lost in the
elections had accused him of being biased for his rival. He said this might also be a
possible motive for his attacker.
Reporter fears surveillance connected to massacre

A journalist in General Santos City claims that unidentified men have been
watching his house.
Aquiles Zonio, a correspondent of the Inquirer, said two men riding in tandem
on a motorcycle took his photograph last Oct. 24 while he was in front of his house.
The following day Zonio said a motorcycle-riding man was “peeking through our
gate.... He seemed to be checking if my motorcycle was there.”
In a text message to CMFR last Oct. 29, Zonio said the alleged surveillance
might be related to his continuing reports on illegal small scale mining or to the Nov.
23, 2009 Ampatuan Massacre.
Zonio was supposed to be part of the Mangudadatu convoy on Nov. 23, 2009,
but he and two others had to go back to their Sultan Kudarat hotel to get their
valuables. (Zonio’s account of their experience can be accessed at http://newsinfo.
inquirer.net/inquirerheadlines/nation/view/20091125-238187/Hotel-incident-made-
us-skip-media-convoy-at-last-minute.)
Two other men he did not know also checked out his house last Oct. 26 around
8:40 p.m. (local time), and last Oct. 27 around 4:30 a.m. (local time), leading Zonio
to suspect that they were trying to establish what his daily routine was. Zonio has
reported the incidents to the local police.
Media workers attacked after filing complaint

Two media workers from Cagayan de Oro survived an attack a few days after
they filed a complaint against a local politician for allegedly mauling them a day
before the May 10 elections.
Father and son Herbert Hugo and Herbert Hubert Dumaguing were walking
with four companions in the evening of June 24 when a dark blue car passed them
and the driver or a passenger fired three shots at them.
In an interview with CMFR last June 25, National Union of Journalists of the
Philippines (NUJP) Media Safety Coordinator for Mindanao JB Deveza explained
74
that it was unclear if the gunman had fired at random or intended to kill the
Dumaguings. Neither father nor son was able to get the car’s plate number or identify
the gunman.
The Dumaguings have filed a police report in Cagayan de Oro City regarding
the incident, Deveza said.
A June 25 report by the ABS-CBN News Channel quoted the Dumaguings as

linking the gunman to a local politician.
Last June 10, four journalists, namely the two Dumaguings, Alphyn Cabanog,
and Algin Lobino, filed a criminal complaint against Camiguin Gov. Jurdin Jesus
Romualdo and Catarman town Mayor Nestor Jacot, accusing the governor of illegal
detention, grave threats, robbery and violation of the total gun ban during the
campaign period for the 2010 elections.
The four were among the six media workers who immediately sought refuge
in the house of then outgoing Catarman town Mayor Jose Antonio Gabucan after
Romualdo, Jacot and their men allegedly attacked them last May 9.
Local media had reported that a seventh journalist, Roland Bruno, had gone
missing after reporting the incident the same day to the local police. Local reports
quoted the elder Dumaguing as stating that Romualdo’s supporters had accosted
Bruno in search of radio reporter Rene Abris, one of the journalists who reported the
alleged mauling of the Dumaguings to the police. Bruno made it home the next day
(May 10).
Kidapawan journalist gets death threat

A Kidapawan-based radio broadcaster received a death threat attached to a
funeral wreath last April 28.
Williamor Magbanua, a radio blocktimer at dxND of the Notre Dame Broadcasting

Corporation, and an information officer of incumbent Kidapawan City representative
Bernardo Piñol Jr., said he found the wreath hanging over the fence of his house at
around 5:30 a.m. (local time). Magbanua is also a correspondent for the Inquirer and
of the online news website GMANews.tv.
Attached to the wreath was a note in the Visayan dialect saying that Magbanua
had violated the rules of the Communist Party of the Philippines (CPP) because he
was peddling lies which trampled on the rights of women.
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The note was signed by a certain Dencio Madrigal, who said he was the
spokesperson of the Front 72 Valentin Palamine Command of the New People’s Army
(NPA) Far South Mindanao. The NPA is the armed group of the CPP. Magbanua,
however, said he did not think the wreath and the threat came from the NPA, but from
the camp of Nancy Catamco, the political rival of Piñol, who, however, immediately
denied that it came from her.
He also said in an interview with NUJP Kidapawan Chapter Chair Malu Manar
that, “(t)his is not the way the NPA writes their press statements. As a radio
reporter who used to write stories about the NPA, I know how the rebels write and
send their statements.”
Magbanua denied that he has demeaned women in his shows. “Never in

my shows,” he said. He challenged Catamco to listen to the recordings of his
show to prove her allegations. “She is creating all those rumors,” Magbanua
said in Filipino.
Last April 30, Manar received in her e-mail an open letter of the NPA Front
72 Valentin Palamine Regional Operations Command denying that the threat on
Magbanua came from them. The group said: “May we reassure Mr. Magbanua that,
as a matter of policy, and as track record shows, the NPA does not send death
threats, not even to those who have been found guilty by the Hukumang Bayan
(People’s Court). The NPA through its Eight Points of Attention strictly follows
the rules and regulations on the proper conduct towards civilians, including Mr.
Magbanua.” The “Open Letter to Williamor Magbanua” dated April 29 was signed
by Dencio Madrigal.
LIBEL AND OTHER LEGAL THREATS
Sued for libel, journalist also receives death threat

After a Supreme Court justice filed 13 counts of libel against her in connection
with an article she wrote last year, journalist Marites Vitug received death threats she
believes to be connected with her book on the judiciary. But the spokesman of the
Supreme Court made light of her fears and described the alleged threat as “funny.”
Vitug, editor of the media organization Newsbreak and of the online news site
abs-cbnNews.com, believes the threats were connected to her book “Shadow of
Doubt: Probing the Supreme Court”. The book is on the controversies surrounding
the Supreme Court and its justices. It was launched last March 16. (To find out more
about the said publication, please visit http://www.shadowofdoubt.info/.)
76
Supreme Court spokesperson and recently appointed Court Administrator Midas

Marquez said the idea of anyone of the Supreme Court justices’ threatening Vitug
was “ridiculous.” An NUJP statement took exception to his reaction, saying that
death threats against journalists are “never funny.”
Vitug first received threatening text messages in the early afternoon of March
22. The messages were sent through mobile number (+63)909-134-8825. CMFR
dialed the number but could not make a connection.
The first message, Vitug said, was about “the pen being mightier than the sword.
But the sword kills faster than the word.” The second message was more direct but its
seriousness only dawned on her after reading it for the third time, she said.
“Kaya pala maraming napapatay na journalist, dahil katulad mo. May katuwiran
pala si Ampatuan na pagpapatayin ang mga journalist. Sana nakasama ka doon.
Malay mo malapit na (Now I know why many journalists are killed. It’s because they
are like you. Ampatuan did have a reason to kill those journalists. You should have
been with them. Who knows, you might be next),” the second message read.
“Ampatuan” is the surname of some of the 195 accused in the Nov. 23, 2009
Ampatuan Multiple Murder case.
Vitug told CMFR she has reported the threat to National Capital Region Police
Office chief Police Director Roberto Rosales. Rosales has yet to get back to her
regarding the details of the sender.
She also said she “want(s) to make (the threat) public because this is the
best protection.”
Meanwhile, Vitug has met with her lawyers to discuss her reply to the libel
complaint filed against her by Associate Justice Presbitero Velasco Jr. of the Supreme
Court. The libel complaint is based on an article she wrote on Dec. 3, 2009 on the
alleged involvement of Velasco in his son’s campaign in Marinduque province (“SC
justice in partisan politics?”, http://www.abs-cbnnews.com/nation/12/03/09/sc-
justice-partisan-politics).
This is the first time a Supreme Court justice has filed a libel case against a
journalist. Supreme Court justices have usually used the court’s contempt power in
similar incidents.
In his 10-page complaint-affidavit, Velasco alleged that Vitug’s article caused

“irreparable dishonor, discredit, and contempt” to his family especially his son Lord
77
Allan, who was then running for the lone congressional seat in Marinduque province
in the May 2010 elections. Velasco is seeking P1 million in damages. The complaint
was filed before the Manila City Prosecutor’s Office last March 12.
The Dec. 3, 2009 article discussed the allegation that Velasco has been assisting
in his son’s congressional bid and the ethical issues involved. According to the story,
Velasco solicited support for his son and asked “at least two local officials to run
with his son as councilor and promised to underwrite [their] campaign expenses.” It
said the local officials declined Velasco’s alleged offer. Vitug said in the article that
Velasco denied such allegations.
“Ms. Vitug publicly accused me in her Newsbreak online article…and portrayed

me as an unethical person without delicadeza who has wantonly violated the Code
of Judicial Conduct and existing laws,” Velasco claimed in his complaint. He accused
Vitug as “likely (to have been) paid to write the article” by his son’s political rival,
Edmund Reyes.
“I have inhibited myself from soliciting, directly or indirectly, support for Allan’s
candidacy, aware as I am that such solicitation constitutes a prohibited partisan
political activity,” Velasco said in his complaint.
Velasco quoted the denial by a village official cited by Vitug as one of those
who were “offered” to join his son’s ticket. “Hindi naman totoo na nag-offer sa
akin si Justice Velasco na tumakbo na konsehal sa Torrijos (It’s not true that Justice
Velasco offered me to run as councilor for Torrijos town, Marinduque),” Velasco
quoted the official’s affidavit in his complaint.
In a March 15 abs-cbnNEWS.com report, Vitug said she “went back to the story
because that was published in December (2009). I found it really fair. I couldn’t really
find the libelous element in the story. My lawyer said there might be another article
(involved) because (he) can’t see anything libelous there.”
She explained in an abs-cbnNEWS.com article that she wrote the story since it
was the first time a Supreme Court justice’s child was running for Congress. “How
does he help a member of the family running for public office considering that, as
a Supreme Court justice, he is really very limited by his profession? That was really
the whole point of the story. He missed it,” Vitug said.
ABS-CBN 2’s Bandila also reported that Vitug proposed that Velasco take a
leave of absence if the complaint goes to court. “He may be able to influence the
processes in the court so why shouldn’t he take a leave of absence while the case is
pending?” Vitug told ABS-CBN 2.
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Killings and other attacks on journalists in 2010
Case against Mike Arroyo to continue

Now that the legal impediments have been resolved with finality, the 36
journalists and three media organizations that filed a P12.5 million class suit against
the husband of former President Arroyo can expect the case to proceed.
Lawyer Harry Roque told CMFR in a May 28 interview that two impediments
to the progress of the court proceedings—the motion to quash the class suit for lack
of cause of action and the complaint over the alleged failure of the complainants to
pay the proper docket fees, both filed by Jose Miguel “Mike” Arroyo—have finally
been set aside.
The Supreme Court denied the motion filed by Arroyo asking for the dismissal of the
damage class suit filed by 36 journalists and three media organizations against him.
Last March 10, the Supreme Court upheld the Sept. 22, 2008 and the Feb. 24, 2009
decisions of the Court of Appeals denying Arroyo’s petition for certiorari, arguing that
the appellate court did not err in its decision to allow the class suit to proceed.
“The Court further resolves to deny the petition for failure of petitioner to
sufficiently show that the Court of Appeals committed any reversible error in the
challenged decision and resolution as warrant the exercise of this Court’s discretionary
appellate jurisdiction,” the Supreme Court’s First Division stated in a resolution.
On Dec. 26, 2006, 36 journalists, together with the CMFR, the Philippine Center
for Investigative Journalism and the Manila broadsheet The Daily Tribune, filed
a P12.5 million (approximately USD 248,011) class suit for damages in response
to the libel cases Arroyo had been filing against journalists since 2003. The suit
argued that Arroyo was abusing his right to sue and that the libel suits were an
attack on press freedom.
79
UPDATES ON
SOME ONGOING TRIALS
T
HE TRIAL of the alleged killers and masterminds behind the Ampatuan
Massacre has been agonizingly slow. Until the last hearing for the year 2010
last Dec. 16, the trial had mostly been limited to resolving the numerous
motions and petitions filed by both the defense and the prosecution. The hearings
on the charges against the primary accused, Andal “Unsay” Ampatuan Jr., was for
example still on his petitions for bail as the year ended.
81
Other Ampatuans
Other Ampatuan clan members in detention have yet to be arraigned, pending
their separate petitions before the Quezon City Regional Trial Court (RTC) Branch
221 and the Court of Appeals. Zaldy Ampatuan, suspended Autonomous Region in
Muslim Mindanao governor, for example, filed in June 2010 a petition for certiorari
questioning the May 5 decision by former acting Justice Secretary Alberto Agra to
reinstate him and his uncle Akmad “Tato” Ampatuan Sr. among the accused in the
murder case.
Last May 5, Agra had reversed his April 16 order to drop Zaldy and Akmad
from the list of the accused in the multiple murder case. He cited the testimony of a
new witness, Abdul Talusan, who allegedly saw Akmad and Zaldy in a Nov. 22, 2009
meeting in Sharif Aguak, Maguindanao. Talusan’s testimony was part of a motion
for reconsideration filed by the prosecution.
Zaldy filed a memorandum to his June 2010 petition last Oct. 18. The Oct.
18 Zaldy Ampatuan petition claimed that “it was grave abuse of discretion for
Agra to admit the new evidence belatedly introduced by the panel of prosecutors.
Such admissibility of new evidence, especially that Zaldy was not given an
opportunity to refute or controvert the same, constitutes a violation of Zaldy’s
right to due process.”
Statistics on the Ampatuan Massacre trial

Charged 195 (previously 197)
Under trial 51
On bail proceedings 1 (Unsay Ampatuan)
Detained 83 (including Mohammad
Sangki who is with the Witness
Protection Program and
Sukarno Badal who is with the
Department of Justice)
Bribes and threats

The slowness of the proceedings has made the families of the victims, their
lawyers, and the witnesses vulnerable to attacks and bribes.
Some families have disclosed attempts to bribe them into withdrawing from
82
the case. Others have reported the surveillance of their homes and receiving
death threats.
Catherine Nuñez, mother of UNTV reporter Victor Nuñez, reported that men on
motorcycle were looking for her and her family. The Nuñez’s neighbors reportedly
saw the men surveying their area around 7 a.m. (local time) last Dec. 9. The men
came again around 10 a.m. and asked directions to the “Nuñez compound”. They
have also inquired about the routes in and out of the compound.
Aquiles Zonio, one of the reporters who decided not to proceed to Shariff
Aguak on the day of the Massacre, said in a Nov. 18 forum at the University of the
Philippines College of Mass Communication that he too had been receiving death
threats since 2009. (See related story on page 74.)
Some policemen who issued statements alleging the involvement of the

Ampatuans in the Massacre have allegedly been maltreated and threatened even
while in detention.
Disbarment
Maguindanao Gov. Esmael Mangudadatu, Nenita Oquendo, Dennis Ayon,
and lawyers Gemma Oquendo and Nena Santos, together with the Freedom Fund
for Filipino Journalists (FFFJ), have filed a disbarment complaint against Unsay
Ampatuan’s lead lawyer Sigfrid Fortun.
In their complaint, the group alleged that: “Respondent Atty. Fortun had
astutely embarked in an untiring quest to obstruct, impede and degrade the
administration of justice by filing countless ancillary motions and initiating suits
based on imaginary causes of action, all in the hope of burying the principal issue
of his clients’ participation or guilt in the murder of 57 people that ill-fated day of
23 November 2009.” The Center for Media Freedom and Responsibility (CMFR) is a
founding member and the secretariat of FFFJ.
One of the incidents cited by the group was Fortun’s claim during a hearing in early
2010 that his client Unsay could not understand Filipino or English. But Unsay was later
interviewed by TV networks in Filipino, and was able to speak that language fluently.
Fortun, said the group, was in violation of his lawyer’s oath and of Canon 1 and Rules
1.01 and 1.02 of the lawyers’ Code of Professional Responsibility. Canon 1 states that “A
lawyer shall uphold the Constitution, obey the laws of the land and promote respect for
law and for legal processes.”
83
Events in the trial of Andal “Unsay” Ampatuan Jr.

and 194 other alleged perpetrators of the Ampatuan Massacre
from April-December 2010
DATE EVENT
April 16 Then acting Justice Secretary Alberto Agra issues a resolution ordering the public
prosecutors to withdraw the Information against suspended Autonomous Region in
Muslim Mindanao (ARMM) Gov. Zaldy Ampatuan and Akmad “Tato” Ampatuan Sr.
April 19 The National Prosecution Service lead by then Chief State Prosecutor (now
Prosecutor General) Claro Arrellano issues a statement condemning the resolution
of Agra.
Families of the Ampatuan Massacre victims hold protests in Mindanao.
April 21 Bail hearings are still on hold pending resolution of the motions for recusation.
Nine policemen and two civilian volunteer organization (CVO) members are
arraigned; they plead not guilty to 56 murder charges. (The two CVO members
later retracted their pleas, claiming they are not the persons called Maot Dumla and
Thong Guimano.)
May 5 Agra reverses his earlier resolution to remove Zaldy and Akmad in the charge sheet.
May 12 Prosecution files the 57th Information, that of the murder of Victor Nuñez, before the
Quezon City Regional Trial Court (RTC).
June Zaldy, through lawyer Redempto Villanueva, files a petition for certiorari before
the Manila Court of Appeals questioning the decision of Agra to reinstate him and
Akmad in the charge sheet. (On Oct. 18, Zaldy’s party filed a memorandum to the
June petition.)
July 21 The Quezon City RTC orders the consolidation of the 57th Murder Information (for
Victor Nuñez) filed by the prosecution. The 57th Information was filed later than the
others as a result of several claimants for the last three recovered bodies.
The case against Police Officer 1 Johann Draper, driver of one of the children of
Unsay, is dismissed for lack of probable cause.
Warrants of arrest are re-issued for 135 perpetrators including 22 surnamed
Ampatuan after the court found probable cause for the murder charges.
July 28 Five other alleged perpetrators are arraigned for the first 56 murder cases in court.
They, together with Unsay and 11 others, are also arraigned for the 57th Information.
Trial court informs parties that a sixth recusation motion was filed by the lawyers of
Unsay.
Aug. 4, 6, 11, 17 Preliminary conference and pre-trial
Sept. 1 The scheduled start of trial on the merits. Hearing is postponed after several defense
lawyers asked for extension of deadline to file comment on the pre-trial order
released by the court on Aug. 27.
84
Sept. 8 Trial on the merits of the Ampatuan Massacre begins.
The prosecution presents Lakmodin Saliao, a former helper at the Ampatuan

household. Saliao testifies on how the Ampatuans and their supporters planned and
carried out the massacre.
Sept. 15 Continuation of Saliao’s testimony
Police officers Arnulfo Soriano and Marsouk Mascud are arraigned; they plead not guilty.
Saliao reveals attempts by the Ampatuans and their lawyers to cover up the crime
and bribe witnesses into withdrawing their affidavits.
Sept. 20 Akmad, Sajid and Anwar file a petition to transfer venue of the trial from Camp
Bagong Diwa to the Quezon City Hall of Justice “where Branch 221 of the (RTC) is
regularly performing it’s (sic) judicial functions.”
Sept. 29 Defense lawyers cross-examine Saliao.
Norodin Mauyag, a resident of Sitio Malating in Ampatuan town, is presented to

the court. Mauyag describes how armed men led by Kanor Ampatuan stopped the
convoy at the police checkpoint at Sitio Malating.
Oct. 6 Prosecution proceeds with direct examination of Mauyag. Defense later cross-
examines Mauyag.
Mohades Ampatuan is arraigned; he pleads not guilty.
Oct. 20 Abdul Esmael Abubakar, a farmer from Sitio Masalay, Ampatuan town, testifies how
Unsay and his men allegedly killed the 58 victims on Nov. 23, 2009. Abubakar tells the
court that he saw a big, yellow backhoe go up the hilltop. The backhoe was allegedly
used to dig a hole and crush the vehicles. The bodies and crushed vehicles were then
thrown into the hole.
Judge Jocelyn Solis Reyes clarifies that the presentation of witnesses since Sept. 8
were part of the trial on the merits of the case. Fortun questions this as his client had
filed in early September a petition for bail. Reyes tells him the court has yet to act on
his motion for bail.
Another accused, Moactar Daud, is arraigned; he pleads not guilty.
Oct. 27 Hearing on the prosecution’s motion to discharge from the charge sheet possible
state witnesses begins (“conversion hearing”) for Police Inspector Rex Ariel
Diongon, Police Officer 1 Reiner Ebus, former Vice-mayor Mohammad Sangki, and
Police Inspector Michael Joy Macaraeg. (Request for Macaraeg’s discharge as state
witness was withdrawn last Nov. 10.)
Diongon, who was the group director of the 1508th Police Provincial Mobile Group
(PPMG), testifies that Unsay ordered through Major Sukarno Dicay the setting up of
checkpoints to guard the possible filing of certificate of candidacy by Esmael “ Toto”
Mangudadatu. Diongon also testifies on what happened at the checkpoint—how they
stopped the convoy, how some were physically harassed, and how members of the
convoy were brought to the clearing.
Unsay fails to attend hearing due to an alleged sickness. According to a Bureau of
Jail Managament and Penelogy guard, he allegedly complained of stomach ache
earlier in the day.
Nov. 3 Defense lawyers cross-examine Diongon.
85
Nov. 5 Court orders the consolidation of Unsay’s petitions for bail.

Nov. 10 Twenty-eight accused persons including members of the 1507th PPMG are
arraigned; they plead not guilty.
Ebus, driver-security of Unsay, describes how the victims were killed on the hilltop of
Sitio Masalay, Barangay Salman, Ampatuan town. He also testifies on the attempts
to cover-up the crime by burying the bodies and the vehicles.
Nov. 17 Norman Taktak and Macton Bilungan are arraigned; they plead not guilty.
Trial court announces it will hold two hearings a week in December. The court will
later decide if this set-up will continue.
Nov. 24 Continuation of preliminary conference and pre-trial for newly arraigned accused
Dec. 1 The hearing on the consolidated petition for bail of Unsay starts. The trial on the
merits for the other 50 accused continues.
Diongon and Ebus are recalled to the witness stand for the cross-examination of
lawyer Paris Real, counsel of Samson Andatuan, a member of the Civilian Volunteer
Organization.
Toy Mangudadatu, brother of Esmael Mangudadatu, testifies on what happened a
few days before the massacre. Aside from his relatives, he identifies members of the
media who were part of the ill-fated convoy.
Noh Akil, a village councilor, testifies that on Nov. 24, 2009 a meeting was held in
the house of then Maguindanao Officer-in-charge Sajid Ampatuan to discuss the
“cover-up” of the Massacre.
Dec. 2 Cross-examination, redirect examination, and re-cross of Akil
Police Chief Inspector Dean Cabrera M.D. of the Philippine National Police Crime
Laboratory presents results of the autopsies he did on Nov. 25 and 26, 2009. He
autopsied 12 victims including journalists/media workers Francisco “Ian” Subang,
Noel Decena, Eleanor “Leah” Dalmacio, Jephon Cadagdagon, Mc Delbert Arriola,
Romeo Jimmy Cabillo, Santos Gatchalian Jr., Arturo Betia, Victor Nuñez and Lindo
Lupogan.
Dec. 8 Sangki is called to the stand for the cross-examination of lawyer Real. Sangki
tells the trial court his fear of the Ampatuans stopped him from warning the
Mangudadatus of what may happen during the filing.
Cabrera continues with his testimony. He relates to the trial court his findings on the
bodies of Subang and Decena.
Dec. 9 Cabrera’s testimony continues. He reveals that genital examination on the bodies
of two female victims—journalist Dalmacio and Mangudadatu supporter Rahima
Palawan—yielded positive traces of semen. The autopsy reports on Cadagdagon,
Arriola, and Cabillo are also presented.
Dec. 15 Cabrera continues with his testimony, particularly on his autopsy findings on the
bodies of Cabillo and Gatchalian.
Dec. 16 Last hearing date for the year 2010
Cabrera’s testimony continues with his autopsy findings on the bodies of Betia and
Nuñez.
Trial court sets hearing on January 13, 19, 20, 26 and 27, 2011.
86
Murder of Marlene Esperat

There has been no progress in the yet-to-begin trial of the suspected masterminds
in the killing of journalist Marlene Esperat pending the decision of the Court of
Appeals of Cagayan De Oro on the petition for certiorari and prohibition filed by the
alleged masterminds Osmeña Montañer and Estrella Sabay.
Esperat was killed on March 24, 2005 in her home and in front of her children in
Tacurong City, Sultan Kudarat province. The gunman and his accomplice pled guilty
and were sentenced in October 2006. More than two years later, the prosecutors filed
murder charges against Montañer and Sabay who allegedly masterminded the killing
to retaliate for Esperat’s exposes of corruption in the Department of Agriculture
Region XII office.
The Makati RTC Branch 138, where the trial was ordered transferred by the
Supreme Court in 2009, cannot proceed with the hearings because of a preliminary
injunction issued by the appellate court in Cagayan De Oro on Dec. 3, 2009 in
connection to the petition for certitorari. A preliminary injunction, according to Rule
58 of the Rules of Court, is “an order granted at any stage of an action prior to the
final judgment, requiring a person to refrain from a particular act.”
Because of the same injunction, the Philippine National Police cannot even
arrest the alleged masterminds. The resolution by Associate Justice Elihu A. Ybañez
of the Twenty-First Division of the Cagayan De Oro Court of Appeals stopped the
implementation of the Oct. 21, 2008 arrest warrant issued by Tacurong City RTC
Judge Milanio Guerrero against them. (In an Order dated May 13, 2010, Judge
Alberico Umali of Makati RTC Branch 138 denied the motion of Montañer and Sabay
to lift the warrant of arrest against them, stating the Dec. 3, 2009 resolution of the
Cagayan De Oro Court of Appeals “only enjoined the (trial) Court and the other
respondents from implementing the warrant of arrest and it did not authorize the
court to lift it.”)
The court also “enjoin(ed) respondents from further proceeding with Criminal
Case No. 3064 or under the same Information from which petitioners were charged
for Murder or from acting on any matter raised relative thereto, until this petition for
certiorari and prohibition is finally resolved unless sooner revoked.”
The alleged masterminds filed on May 21, 2009 a petition for certiorari and
prohibition asking the appellate court to declare the denial of their motion for
reconsideration for the dismissal of the murder case as grave abuse of discretion on
the part of Judge Guerrero.
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Murder of Dennis Cuesta

Accused Redempto “Boy” Acharon’s being at large for more than two years
now has resulted to the Makati RTC Branch 139’s temporarily archiving the case.
In an order dated last June 21, the court said that “(i)n order not to unduly clog the
docket of the Court, considering that accused...had remained at large for more than
six months despite the issuance of warrant for his arrest on (Jan. 13, 2010) let the
records of the… case be sent to the archives subject to reinstatement upon the arrest
of the accused.”
The court, however, issued an alias warrant of arrest against Acharon.
Despite reports that the alleged gunman in the killing of broadcaster Dennis
Cuesta was just in General Santos City, the PNP has failed to arrest former Police
Inspector Acharon, because they “could not find him.”
Cuesta died on Aug. 9, 2008, five days after a gunman on a motorcycle shot him
along a national highway near a shopping mall in General Santos City. A program
director and anchor at the local station of Radio Mindanao Network (RMN), Cuesta
was on his way home from an RMN-sponsored outreach program.
Murder of Roger Mariano

Branch 54 of the Manila RTC has cleared former Senior Police Officer Apolonio
Medrano and Basilio Yadao of charges for the murder of Ilocos Norte-based broadcaster
Roger Mariano in 2004. The decision dated Aug. 6, 2010 was promulgated last Aug. 11.
Mariano was on his way home from the dzJC radio station when armed men
attacked him along the national highway in San Nicolas town, Ilocos Norte on July
31, 2004. Mariano was allegedly looking into suspected anomalous transactions at
the local electric cooperative before he was killed. His widow, Alma Mariano, has
asked that the case against the alleged gunmen be transferred to Manila for fear that
the witnesses could be influenced by the accused. Her request was granted and the
trial resumed in 2006.
Branch 54 Judge Reynaldo Alhambra said in his Aug. 6 decision that the
prosecution had failed to prove beyond reasonable doubt that the accused were the
same men who attacked and killed Mariano.
The judge also said that the identification of the accused was “certainly difficult,
if not impossible” to establish. His decision enumerated the testimonies of eye
witnesses and said that “their narrations may have been embellished to the point
88
that these are contrary to the natural and logical consequences of what they claimed
to have been the events that transpired that night.”
“In this case, the quantum of proof required to justify a conviction for a criminal
offense was not satisfied by the prosecution. Thus, the Court has no option but to
uphold the constitutional presumption of innocence in favor of the accused.”
Mariano’s relatives were disappointed with the result of the trial.
“We are very saddened by the decision and we felt that we were robbed of the
justice we deserve. It’s frustrating for us and makes us question the integrity and
credibility of our justice system,” a family representative told CMFR.
Murder of Fausto Sison

Another disappointing development is the private complainants’ withdrawal
from the case against the alleged gunmen in the 2008 killing of Fausto Sison.
Sison’s widow Marieta, and his daughters Liwayway and Almira told the court
last April 28 that they are dropping charges against Mario, Michael, and Menandro
Biscocho.
Both daughters also stated in their affidavit that they no longer have the desire to
testify against the Biscocho brothers. Both Liwayway and Almira positively identified
the Biscocho brothers as the persons who ambushed and killed their father.
Sison, a correspondent for the weekly Regional Bulletin and a broadcaster at the
Lucena-based dzAT-AM, was with his daughters Almira and Liwayway in Lutukan
village, Sariaya, Quezon, when a gunman riding pillion on a motorcycle overtook his
car and opened fire in June 2008.
Cases in Cebu RTC

The Cebu City RTC is now hearing four cases of killing of journalists: the murders
of Herson Hinolan, Arecio Padrigao, Ernesto Rollin, and Rolando Ureta. As of press
time, the defense in the Hinolan and Ureta cases are presenting their evidence.
In the trial on the murder of Hinolan, the defense started its presentation of
evidence only after the Cebu RTC Branch 16 denied the motion for demurrer of
evidence filed by the accused mastermind-killer—former Lezo town, Aklan Mayor
Alfredo Arcenio—in the 2004 killing of Hinolan.
89
Judge Sylva Aguirre Paderanga in a three-page order said that “the evidence
of guilt of the accused so far presented by the State remains strong.” She reminded
the prosecution, however, “that even after such time that the defense shall have
presented its evidence, the burden to overcome the constitutional presumption by
proof beyond reasonable doubt to justify the conviction of the accused still remains
with the prosecution.”
Meanwhile, the prosecutors in both the Rollin and Padrigao cases are still
presenting their evidence.
90
CMFR DATABASE ON THE KILLING OF JOURNALISTS/MEDIA

PRACTITIONERS IN THE PHILIPPINES SINCE 1986*
(as of December 2010)
All journalists killed since 1986 by motive
The Center for Media Freedom and Responsibility (CMFR) has recorded 175 cases of
killing of Filipino journalists/media practitioners since 1986.
*More detailed information may be accessed at http://www.cmfr-phil.org/map/index_

inline.html.
91
Journalists killed in the line of duty

since 1986
Of the 175 journalists/media practitioners killed since 1986, 118 were killed because of their
work. Seventy-nine out of the 118 work-related cases happened during the Gloria Macapagal
Arroyo administration (February 2001-June 30, 2010).
Of the 175 journalists/media workers killed since 1986, 118 were killed because of their work. Seventy-
nine out of the 118 work-related cases happened during the Arroyo administration (February 2001-June
30, 2010).
Journalists/media practitioners killed
in the line of duty by administration
92
Journalists killed in the line of duty since 1986

by region of place of killing
Most of the journalists/media workers killed in the line of duty since 1986 were based in the provinces.
The Autonomous Region in Muslim Mindanao (ARMM) registered the most number (34) of work-related
Most ofsince
killings the1986.
journalists/media practitioners
This number includes killed in the
the 32 journalists/media line ofkilled
practitioners dutyin the
since 1986Nov.
so-called were based
in23,the
2009 Ampatuan Massacre.
provinces. The Autonomous Region in Muslim Mindanao (ARMM) registered the most
number (34) of work-related killings since 1986. This number includes the 32 journalists/media
practitioners killed in the Nov. 23, 2009 Ampatuan Massacre.
Filipino journalists/media practitioners killed

in the line of duty by island groups
Page | 55
93
Filipino journalists/media practitioners killed

in the line of duty by gender
One hundred and ten (93 percent) of the 118 journalists/media workers killed in the line of duty since
1986 are male.
One hundred ten (93 percent) of the 118 journalists/media practitioners killed in the line of duty
since 1986 are male.
Journalists/media practitioners killed

in the line of duty since 1986 by medium
Most of the journalists and media workers killed in the line of duty worked solely for print (49 of the 118
or 42 percent), followed by those who worked for radio (45).
The number of print journalists who were killed increased after the Maguindanao massacre where most
(24 out of the 32 fatalities) were working solely for print. This includes Reynaldo “Bebot” Momay whose
body has not been found.
Most of the journalists and media practitioners killed in the line of duty worked solely for print
(49 of the 118 or 42 percent), followed by those who worked for radio (45).
The number of print journalists who were killed increased after the Ampatuan Massacre where
Page | “Bebot”
most (24 out of the 32 fatalities) were working solely for print. This includes Reynaldo 56
Momay whose body has not been found.
94
FILIPINO JOURNALISTS/MEDIA WORKERS KILLED IN THE LINE OF DUTY SINCE 1986

Date of Death Name News Organization / Place of Killing Region of Place
of Killing
1 1986-Apr-24 Pete Mabazza Manila Bulletin / Tuguegarao City, Region II
Cagayan
2 1986-Apr-25 Wilfredo Vicoy Reuters / Tuguegarao City, Cagayan Region II
3 1987-Mar-24 Virgilio Pacala Manila Hotline / San Pablo, Laguna Region IV-A
4 1987-Apr-12 Dionisio Perpetuo Olongapo News / Olongapo City, Region III
Joaquin* Zambales
5 1987-Aug-27 Narciso Balani dxRA / Davao City, Davao del Sur Region XI
6 1987-Aug-27 Rogie Zagado dxRA / Davao City, Davao del Sur Region XI
7 1987-Aug-27 Leo Palo dxRA / Davao City, Davao del Sur Region XI
8 1987-Aug-27 Cesar Maglalang dxRA / Davao City, Davao del Sur Region XI
9 1987-Aug-28 Martin Castor Pilipino Ngayon / Manila National Capital
Region
10 1987-Oct-04 Ramon Noblejas dyVL / Tacloban City, Leyte Region VIII
11 1987-Oct-10 Leo Enriquez III Kyodo News Service, Washington Region VII
Times, People’s Journal / Cebu City,
Cebu
12 1988-Mar-29 Noel Miranda Mindanao Scanner / Tagum City, Davao Region XI
del Norte
13 1988-Aug-12 Ruben R. Manrique** Luzon Tribune / Balanga City, Bataan Region III
14 1988-Oct-30 Josef Aldeguer Nava Visayan Life Today, dyRP / Iloilo City, Region VI
Iloilo
15 1989-Oct-17 Severino Arcones dyFM-Bombo Radyo / Iloilo City, Iloilo Region VI
16 1989-Dec-01 Eddie Telan Newscaster / Quezon City National Capital
Region
17 1990-Feb-04 Enrique Lingan The Luzon Times, The Midway Star / Region IV-A
Lucena City, Quezon
18 1990-Feb-06 Joseph “Joe” Kreuger Mindoro Weekly Reporter / Region IV-B
Pinamalayan, Oriental Mindoro
19 1990-May-15 Reynaldo Catindig Sr. Northern Sierra Madre Express / Region II
Timauini, Isabela
20 1990-Jul-08 Jean Ladringan Southern Star / General Santos City Region XII
21 1991-Apr-14 Nesino Paulin Toling* Panguil Bay Monitor / Ozamiz, Misamis Region X
Occidental
22 1992-Jul-01 Danilo Vergara Philippine Post / Iligan, Lanao del Norte Region X
23 1992-July-03 Abdulajid “Jade” Ladja Prenza Zamboanga / Zamboanga City, Region IX
Zamboanga del Sur
24 1992-Sep-21 Rev. Greg Hapalla dxAS / Zamboanga City, Zamboanga Region IX
del Sur
25 1992-Dec-02 Gloria Martin dxXX / Isabela, Basilan ARMM
95
26 1993-Jan-11 Romeo Andrada Legaspi Voice of Zambales / Olongapo City, Region III
Zambales
27 1996-Feb-12 Ferdinand Reyes Press Freedom / Dipolog City, Region IX
Zamboanga del Norte
28 1996-Dec-15 Alberto Berbon* dzMM / Imus, Cavite Region IV-A
29 1997-Jun-03 Daniel J. Hernandez People’s Journal Tonight / Quezon City National Capital
Region
30 1997-Dec-17 Regalado Mabazza Polaris Cable Network / Cauayan, Region II
Isabela
31 1998-Feb-15 Odilon Mallari* dxCP / General Santos City Region XII
32 1998-Mar-29 Rey Bancairin dxLL / Zamboanga City, Zamboanga Region IX
del Sur
33 1998-Oct-30 Dominador “Dom” dxGS / General Santos City Region XII
Bentulan
34 1999-Jan-21 Bienvenido Dasal dxKR Radyo Agong / Koronadal, South Region XII
Cotabato
35 1999-Apr-25 Frank Palma* dwYB-Bombo Radyo / Bacolod City, Region VI
Negros Occidental
36 2000-May-23 Vincent Rodriguez dzMM / Guagua, Pampanga Region III
37 2000-Nov-17 Olimpio Jalapit dxPR / Pagadian City, Zamboanga del Region IX
Sur
38 2001-Jan-03 Rolando Ureta*** dyKR / Kalibo, Aklan Region VI
39 2001-Feb-24 Mohammad Yusoph dxID / Pagadian City, Zamboanga del Region IX
Sur
40 2001-May-30 Candelario “Jhun” dxLL / Zamboanga City, Zamboanga Region IX
Cayona** del Sur
41 2002-May-13 Edgar Damalerio* dxKP, Zamboanga Scribe, Mindanao Region IX
Gold Star / Pagadian City, Zamboanga
del Sur
42 2002-Aug-22 Rhode Sonny Esguerra Kokus, Celestron Cable TV / San Pablo Region IV-A
Alcantara City, Laguna
43 2003-Apr-28 John Belen Villanueva Jr. dzGB / Camalig, Albay Region V
44 2003-May-17 Apolinario “Polly” dwTI / Lucena City, Quezon Region IV-A
Pobeda***
45 2003-Jul-08 Bonifacio Gregorio Dyaryo Banat / La Paz, Tarlac Region III
46 2003-Aug-19 Noel Villarante** The Laguna Score, dzJV / Sta. Cruz, Region IV-A
Laguna
47 2003-Aug-20 Rico Ramirez dxSF / San Francisco, Agusan del Sur Region XIII
48 2003-Sep-06 Juan “Jun” Pala dxGO / Davao City, Davao del Sur Region XI
49 2003-Dec-02 Nelson Nadura dyME / Masbate City, Masbate Region V
50 2004-Feb-11 Rowell Endrinal*** dzRC, Metro News / Legazpi City, Albay Region V
51 2004-Jun-17 Elpidio “Ely” Binoya** MBC-dzRH Radyo Natin / General Region XII
Santos City
96
52 2004-Jul-31 Roger Mariano (A) dzJC / San Nicolas, Ilocos Norte Region I
53 2004-Aug-05 Arnnel Manalo**** dzRH, Bulgar, Dyaryo Veritas / Bauan, Region IV-A
Batangas
54 2004-Sep-29 Romeo Binungcal Remate, Bulgar, Mt. Samat Forum / Region III
Pilar, Bataan
55 2004-Oct-19 Eldy Gabinales dxJR-FM Radio Real / Tandag, Surigao Region XIII
(aka Eldy Sablas) del Sur
56 2004-Nov-12 Gene Boyd Lumawag MindaNews / Jolo, Sulu ARMM
57 2004-Nov-15 Herson Hinolan*** dyIN - Bombo Radyo / Kalibo, Aklan Region VI
58 2005-Mar-24 Marlene Esperat*/ *** The Midland Review / Tacurong City, Region XII
Sultan Kudarat
59 2005-May-02 Klein Cantoneros* dxAA / Dipolog City, Zambaonga del Region IX
Norte
60 2005-May-10 Philip Agustin****/** Starline Times Recorder / Dingalan, Region III
Aurora
61 2005-Jul-05 Rolando Morales dxMD / General Santos City Region XII
62 2005-Nov-18 Ricardo Uy dzRS-AM / Sorsogon City, Sorsogon Region V
63 2005-Nov-20 Robert Ramos**** Katapat / Cabuyao, Laguna Region IV-A
64 2005-Dec-01 George Benaojan* dyDD / Cebu City, Cebu Region VII
65 2006-Jan-20 Rolly Cañete dxPR / Pagadian City, Zamboanga del Region IX
Sur
66 2006-Apr-02 Orlando Mendoza Tarlac Profile, Tarlac Patrol / Tarlac City, Region III
Tarlac
67 2006-May-22 Fernando Batul*** dyPR / Puerto Princesa City, Palawan Region IV-B
68 2006-Jun-19 George Vigo dxND / Kidapawan, North Cotabato Region XII
69 2006-Jun-19 Maricel Alave-Vigo dxND / Kidapawan, North Cotabato Region XII
70 2006-Jul-18 Armando “Rachman” dxDS / Digos City, Davao del Sur Region XI
Pace*
71 2007-Apr-18 Carmelo “Mark” Palacios dzRB / Sta. Rosa, Nueva Ecija Region III
72 2007-Dec-24 Fernando “Batman” dxGO / Davao City, Davao del Sur Region XI
Lintuan (A)
73 2008-Apr-27 Marcos Mataro UNTV / San Simon toll gate, North Region III
Luzon Expressway, Pampanga
74 2008-Jun-30 Fausto “Bert” Sison*** dzAT / Sariaya, Quezon Region IV-A
75 2008-Aug-07 Martin Roxas*** dyVR / Roxas City, Capiz Region VI
76 2008-Aug-09 Dennis Cuesta**** dxMD / General Santos City Region XII
77 2008-Nov-17 Arecio Padrigao*** dxRS - Radyo Natin / Gingoog City, Region X
Misamis Oriental
78 2008-Dec-02 Leo Mila Radyo Natin / San Roque, Northern Region VIII
Samar
79 2009-Feb-23 Ernesto Rollin*** dxSY / Oroquieta City, Misamis Region X
Occidental
97
80 2009-Jun-09 Crispin Perez*** dwDO / San Jose City, Occidental Region IV-B
Mindoro
81 2009-Jul-27 Godofredo Linao*** Radyo Natin-Bislig / Barobo, Surigao Region XIII
del Sur
82 2009-Nov-23 Bengie Adolfo*** Gold Star Daily / Ampatuan, ARMM
Maguindanao
83 2009-Nov-23 Henry Araneta*** dzRH / Ampatuan, Maguindanao ARMM
84 2009-Nov-23 Mc Delbert “Mac-mac” UNTV / Ampatuan, Maguindanao ARMM
Arriola ***
85 2009-Nov-23 Rubello Bataluna*** Gold Star Daily / Ampatuan, ARMM
Maguindanao
86 2009-Nov-23 Arturo Betia*** Periodico Ini / Ampatuan, Maguindanao ARMM
87 2009-Nov-23 Romeo Jimmy “Pal-ak” Midland Review / Ampatuan, ARMM
Cabillo*** Maguindanao
88 2009-Nov-23 Marites Cablitas *** News Focus, RPN - dxDX / Ampatuan, ARMM
Maguindanao
89 2009-Nov-23 Hannibal Cachuela*** Manila Star, Punto News / Ampatuan, ARMM
Maguindanao
90 2009-Nov-23 Jephon Cadagdagon*** Saksi Mindanaoan News / Ampatuan, ARMM
Maguindanao
91 2009-Nov-23 John Caniban*** Periodico Ini, Sultan Kudarat Gazette / ARMM
Ampatuan, Maguindanao
92 2009-Nov-23 Eleanor “Leah” Socsksargen Today / Ampatuan, ARMM
Dalmacio*** Maguindanao
93 2009-Nov-23 Noel Decena*** Periodico Ini, Rapido / Ampatuan, ARMM
Maguindanao
94 2009-Nov-23 Gina Dela Cruz *** Saksi Mindanaoan News / Ampatuan, ARMM
Maguindanao
95 2009-Nov-23 Jose “Jhoy” Duhay*** Gold Star Daily / Ampatuan, ARMM
Maguindanao
96 2009-Nov-23 Jolito Evardo*** UNTV / Ampatuan, Maguindanao ARMM
97 2009-Nov-23 Santos Gatchalian Jr.*** Mindanao Daily Gazette / Ampatuan, ARMM
Maguindanao
98 2009-Nov-23 Bienvenido Legarta Jr. Periodico Ini / Ampatuan, ARMM
*** Maguindanao
99 2009-Nov-23 Lindo Lupogan*** Mindanao Daily Gazette / Ampatuan, ARMM
Maguindanao
100 2009-Nov-23 Ernesto “Bombo Bart” Bombo Radyo-Koronadal City / ARMM
Maravilla*** Ampatuan, Maguindanao
101 2009-Nov-23 Rey Merisco*** Periodico Ini, Tingog MindaNOW / ARMM
Ampatuan, Maguindanao
102 2009-Nov-23 Reynaldo “Bebot” Momay The Midland Review / Ampatuan, ARMM
Maguindanao
98
103 2009-Nov-23 Marife “Neneng” Saksi Mindanaoan News, dxCP / ARMM

Montaño*** Ampatuan, Maguindanao
104 2009-Nov-23 Rosell Morales*** News Focus / Ampatuan, ARMM
Maguindanao
105 2009-Nov-23 Victor Nuñez *** UNTV / Ampatuan, Maguindanao ARMM
106 2009-Nov-23 Joel Parcon*** Pronterra News / Ampatuan, ARMM
Maguindanao
107 2009-Nov-23 Ronnie Perante*** Gold Star Daily / Ampatuan, ARMM
Maguindanao
108 2009-Nov-23 Fernando “Ranny” Periodico Ini / Ampatuan, ARMM
Razon*** Maguindanao
109 2009-Nov-23 Alejandro “Bong” Manila Bulletin, Reuters / Ampatuan, ARMM
Reblando*** Maguindanao
110 2009-Nov-23 Napoleon Salaysay*** Clear View Gazette / Ampatuan, ARMM
Maguindanao
111 2009-Nov-23 Francisco “Ian” Subang Socsksargen Today / Ampatuan, ARMM
Jr.*** Maguindanao
112 2009-Nov-23 Andres “Andy” Mindanao Inquirer, People’s Forum / ARMM
Teodoro*** Ampatuan, Maguindanao
113 2009-Nov-23 Daniel Tiamzon *** UNTV / Ampatuan, Maguindanao ARMM
114 2009-Dec-24 Ismael Pasigna*** B- 96 FM / Labason, Zamboanga del Region IX
Norte
115 2010-Jun-14 Desiderio “Jessie” Sunrise FM / Manay, Davao Oriental Region XI
Camangyan***
116 2010-Jun-16 Jovelito Agustin*** dzJC / Laoag City, Ilocos Norte Region I
117 2010-Jun-19 Nestor Bedolido Mt. Apo Current, Kastigador / Digos Region XI
City, Davao del Sur
118 2010-Jul-31 Miguel “Mike” Belen*** dwEB / Nabua, Camarines Sur Region V
Legend: * - with conviction ** - dismissal *** - on trial **** - archived (A) - acquittal

99
About the Center for Media Freedom and Responsibility
T
HE FORMATION of the Center for Media Freedom and Responsibility (CMFR)
addresses one of the critical concerns confronting the Philippines after People
Power toppled the Marcos dictatorship in February 1986. That concern calls
attention to the power of the media and the role of the free press in the development
of Philippine democracy.
All over the world, press freedom has been found to be essential to the democratic
system. Effective participatory government is possible only when it can count on a
well-informed society where individuals freely exchange ideas, where public debate
and discussion arise from knowledge and understanding of national affairs.
That freedom involves not only media professionals, but also the public served
by the media—public officials, the private sector, civil society groups, readers,
viewers and listeners—who receive information and are part of the cycle of public
communication. But freedom of the press, like all liberties, has its limits, for the
simple reason that it is vulnerable to abuse.
Democratic recovery confronts serious obstacles on the media front. The press
and the media need to exert special efforts to measure up as a collective vehicle
of information, as an instrument for clarifying complex issues and dilemmas of
development that the public should understand.
Against this background, CMFR was organized in 1989 as a private, non-stock,

non-profit organization involving the different sectors of society. Its programs
uphold press freedom, promote responsible journalism and encourage journalistic
excellence.
For more information about CMFR, visit http://www.cmfr-phil.org.

CMFR-Philippine Press-Freedom Report 2010

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Center for Media Freedom

Philippine Press Freedom Report 2010

All rights reserved. No part of this publication may be reproduced

Melinda Quintos de Jesus

Prima Jesusa B. Quinsayas

Overview: An end and a beginning 9

Legal prospects under the Aquino administration 17

Bills on media in the 15th Congress 25

Media safety: The press community responds 37

The media in the public eye 43

Killings and other attacks on journalists in 2010 67

Updates on some ongoing trials 81

CMFR database on the killing of Filipino journalists/ 91

society. While emphasizing developments in the Ampatuan Massacre trial, the

Macapagal Arroyo. Those years were the bloodiest in Philippine history

since the restoration of democracy in 1986. Arroyo’s administration

and political activists.

The Mangudadatu women and supporters, together with 32 journalists and

“The massacre overshadowed gains that Philippine authorities had made,

New administration’s attitude to press freedom

The Aquino administration promises to do its best to safeguard and protect

Aquino as press critic

The Aug. 23 hostage-taking

The inquiry conducted by the Incident Investigation and Review Committee

However, the presidential legal team recommended the filing of charges of

Announcing his legal team’s recommendations, Aquino noted the media’s

However, he described some media practitioners’ behavior in the hostage crisis as

Some court decisions on cases involving journalists and media practitioners

Changes in the media

In a statement quoted by abs-cbnNEWS.com in October 2009, MediaQuest

MediaQuest’s acquisition of TV5 brought about major changes in its

- Solon, as paraphrased by Leo B. Dacera III

In a letter dated July 8 addressed to National Defense Secretary Voltaire

In the Ampatuan Massacre case, six members of the Ampatuan clan—the

With no political connections, and no resources to hire private counsel, the

Stories of unsatisfactory ground work on the part of the PNP in gathering

News of BJMP preferential treatment of detained suspects or accused also abound.

Even the President’s resolve to address the killing of journalists is difficult to

The decisions of the prosecutor general can strengthen or weaken prosecution

Another crucial position in the success of prosecution efforts is that of the

opposite of its predecessor on a number of issues crucial to Philippine

Gloria Macapagal Arroyo administration, which during its nine-year watch

The 1987 Constitution and the bills of the 15th Congress

Other bills to watch

Summary of media-related bills filed before the 15th Congress

Filed, passed, implemented

PENDING BILLS ON MEDIA BEFORE THE 15TH CONGRESS

Mandates the public disclosure of transactions involving national interest

*This has a corresponding right of reply bill.

On the right of reply

July 1, 2010 July 27, 2010 July 27, 2010

PENDING BILLS ON MEDIA BEFORE THE 15TH CONGRESS

Cons Removes the editor and publisher from the list of

Other related bills There are similar bills in the House of

A similar bill, ﬁled also before the Senate by Ramon

On the welfare of media practitioners

Sen. Jinggoy Estrada Sen. Juan Miguel Zubiri

July 1, 2010 July 6, 2010

PENDING BILLS ON MEDIA BEFORE THE 15TH CONGRESS

On absentee voting of media practitioners On the Magna Carta for journalists

Sen. Manuel Villar Jr. Sen. Jinggoy Estrada

July 12, 2010 July 8, 2010

A similar bill has been ﬁled before the House of

MEDIA SAFETY: THE PRESS