MANILA, Philippines (Agence France-Presse) – A key witness in the trial of a powerful Muslim clan accused of orchestrating the worst political massacre in the Philippines has been shot dead, a prosecutor said Thursday.
The witness, Suwaib Upham, claimed to have taken part in the November killings of 57 people in a crime allegedly planned by his former employers, the Ampatuan clan.
"He was supposed to be one of our strongest witnesses," prosecutor Harry Roque told Agence France-Presse. "He saw, and participated in, the killings and could have directly named in court those involved."
Roque warned that Upham's killing, which he was told occurred last week in the southern province of Maguindanao, could potentially weaken the case against the Ampatuan family.
US-based Human Rights Watch also said the killing raised doubts about the government's resolve in seeing justice done in the case.
"Massacre witnesses are dying while the government sits on its hands," the group's Asia director Elaine Pearson said in a statement. "This sends the worst possible message to other witnesses thinking of coming forward."
His death comes two months after an uncle of another witness was also shot and killed, in what authorities said was part of a plan to intimidate those speaking out against the Ampatuan clan.
The clan had ruled Maguindanao with brutal efficiency for a decade prior to the massacre. They also enjoyed political ties with outgoing President Gloria Arroyo, who used the family's huge private army as a force against separatist rebels.
Six clan members are among 196 people charged over the murders, allegedly carried out to prevent a member of a rival clan from running as governor of the province. (AFP)
Showing posts with label Atty. Harry Roque. Show all posts
Showing posts with label Atty. Harry Roque. Show all posts
Thursday, June 24, 2010
Maguindanao Massacre Witness Killed: AFP
Wednesday, November 26, 2008
Lawyer calls for mass action vs poll postponement bid - GMANews.TV
MANILA, Philippines - With Malacañang's plans to stay beyond 2010 now made clear with a resolution in the House of Representatives, people should now band together and register their opposition, a civil society lawyer said Wednesday.
Law professor Harry Roque Jr said the resolution by Batangas Representative Hermilando Mandanas is by far the clearest proof that President Gloria Macapagal Arroyo and her allies want to stay beyond 2010.
"Klarong klaro na ang paninindigan ng mga aktor sa ating larangan ng pulitika. Kinakailangan na ang sambayanan ang manindigan, at ang ating paninindigan at alam kong maraming sumasangayon sa atin, No to Cha-cha, No to Gloria (Recent actions of actors in the political scene have made the Arroyo government's intentions very clear. Now it is time for the people to unite and make their voices heard - No to Cha-Cha, no to Gloria)," Roque said in an interview on dwIZ radio.
He also said the resolution belies all the denials made by Palace spokesmen that Mrs Arroyo is not interested in staying on after her term ends on June 30, 2010.
Roque, one of the complainants in the latest impeachment complaint against President Arroyo, said the Mandanas resolution is meant to complement Congress' plan to kill the impeachment bid.
"Papatayin ang impeachment dahil ayaw matanggal ang presidente sa pwesto ngayon at ang talagang plano ng administrasyon, manatili beyond 2010. Kahit anong pagsisinungaling nila na wala silang intention at walang proposal na i-extend ang termino ni presidente ang katotohananlalabas at lalabas (They will kill the impeachment bid because the president does not want to leave power. Now, all their lies of being disinterested in term extension will go down the drain because the truth has come out)," he said.
House Resolution 550 seeks to postpone the 2010 presidential elections and extend the terms of office for all elective officials.
It is currently pending before the House committee on constitutional amendments.
House constitutional amendments panel chairman La Union Rep. Victor Ortega initially denied the term-extension provision but backtracked when lawyer Neri Colmenares confronted him with a copy of the resolution.
Colmenares added HR 550 has already undergone "initial deliberations" on August 12, 2008, adding that this was based on a report he secured from the committee secretariat.
"It is already in the agenda. That means they can already vote on it, even today or perhaps tomorrow. This proves that all previous assurances that there are no proposals for term extension being considered were misleading," he said.
The Mandanas resolution proposed that the presidential elections scheduled for May 10, 2010 be reset instead to May 9, 2011.(GMANews.TV - http://www.gmanews.tv/story/135732/Lawyer-calls-for-mass-action-vs-poll-postponement-bid)
Law professor Harry Roque Jr said the resolution by Batangas Representative Hermilando Mandanas is by far the clearest proof that President Gloria Macapagal Arroyo and her allies want to stay beyond 2010.
"Klarong klaro na ang paninindigan ng mga aktor sa ating larangan ng pulitika. Kinakailangan na ang sambayanan ang manindigan, at ang ating paninindigan at alam kong maraming sumasangayon sa atin, No to Cha-cha, No to Gloria (Recent actions of actors in the political scene have made the Arroyo government's intentions very clear. Now it is time for the people to unite and make their voices heard - No to Cha-Cha, no to Gloria)," Roque said in an interview on dwIZ radio.
He also said the resolution belies all the denials made by Palace spokesmen that Mrs Arroyo is not interested in staying on after her term ends on June 30, 2010.
Roque, one of the complainants in the latest impeachment complaint against President Arroyo, said the Mandanas resolution is meant to complement Congress' plan to kill the impeachment bid.
"Papatayin ang impeachment dahil ayaw matanggal ang presidente sa pwesto ngayon at ang talagang plano ng administrasyon, manatili beyond 2010. Kahit anong pagsisinungaling nila na wala silang intention at walang proposal na i-extend ang termino ni presidente ang katotohananlalabas at lalabas (They will kill the impeachment bid because the president does not want to leave power. Now, all their lies of being disinterested in term extension will go down the drain because the truth has come out)," he said.
House Resolution 550 seeks to postpone the 2010 presidential elections and extend the terms of office for all elective officials.
It is currently pending before the House committee on constitutional amendments.
House constitutional amendments panel chairman La Union Rep. Victor Ortega initially denied the term-extension provision but backtracked when lawyer Neri Colmenares confronted him with a copy of the resolution.
Colmenares added HR 550 has already undergone "initial deliberations" on August 12, 2008, adding that this was based on a report he secured from the committee secretariat.
"It is already in the agenda. That means they can already vote on it, even today or perhaps tomorrow. This proves that all previous assurances that there are no proposals for term extension being considered were misleading," he said.
The Mandanas resolution proposed that the presidential elections scheduled for May 10, 2010 be reset instead to May 9, 2011.(GMANews.TV - http://www.gmanews.tv/story/135732/Lawyer-calls-for-mass-action-vs-poll-postponement-bid)
Sunday, September 14, 2008
'Gov't Giving Away 90% Of Mt. Diwalwal Gold In ZTE Mining Deal'
MANILA, Philippines (ABS-CBN) - President Arroyo's administration will be giving away 90 percent of the country's gold reserve in Mt. Diwalwal, Compostela Valley if the government's mining deal with China's ZTE Corp. pushes through, lawyer Harry Roque revealed Saturday.
Roque said he uncovered the government's agreement with ZTE Corp. through the minutes of a meeting between government officials, led by Trade Secretary Peter Favila, with officials of the Chinese company.
He said the meeting took place at the Shangri-La Hotel in Makati City on July 27, 2006, months after Favila signed with ZTE the controversial memorandum of understanding (MOU) on the $1-billion mining deal.
Based on the minutes of the meeting, Roque said the government agreed to give the Chinese company 90 percent of gold that will be cultivated from Mt. Diwalwal, which leaves the Philippines 10 percent of the precious metal's reserve in the mining town.
He said the agreement is already contained in a legal document. "This summarizes what was agreed upon by the Philippines and the ZTE Corp in implementation of the MOU."
Roque said one of the Chinese people present in the meeting was Fan Yan, the same ZTE Corp. official mentioned in the Senate's investigation on the botched $329-million national broadband network (NBN) deal.
He said he will name the other government officials and details of the agreement next week.
'Tongpats' source
Roque suspects the mining deal entered into by the government with ZTE Corp. would be the source of "kickbacks" for other high-ranking government officials involved in the botched NBN-ZTE agreement, who have not received their share of the deal.
“This explains where the tongpats (kickbacks) will be taken from. The $150 million kickback is too small. How will you get the money that would be used for the broadband operation? This is the answer,” the lawyer told radio dzMM.
One proof that giving away kickbacks is involved in the mining deal, Roque read a part of the MOU that says the Philippine government would handle the “local nuances.”
“The government of the Republic of the Philippines shall make available technical advises on the local nuances in the development and implementation of the investment,” Roque said, reading a provision of the MOU. “What do local nuances mean? That’s tongpats.”
Roque had said that the mining deal, if it pushes through, would become the mother of all illegal transactions entered into by the government, because of the amount involved in the agreement.
He said that based on a P200-million study conducted by the Philippine Mining Development Corp., the gold reserve in Mt. Diwalwal is worth at least $1 billion.
He said $1 billion is enough to satisfy all erring government officials who want a share from the projects awarded to the ZTE Corp.
Confidential clause
Roque said the MOU is a five-page document with a provision that says the agreement should be kept from the public.
“Unless otherwise required by law, regardless of regulations or an order of a court or any appropriate government agency, a party hereto shall not reveal the contents of this agreement, or issue any press release or make any other public announcement pertaining to the project contemplated herein without the written approval of the parties,” the lawyer said.
He said the provision clearly proves that something is fishy about the deal, adding that all negotiations entered into by the government should be made public as transparency in all government transactions is required by law.
Enforceable
Roque also belied claims by Press Secretary Jesus Dureza that the MOU is not an enforceable document.
The press secretary told radio dzMM that the MOU is not like a memorandum of agreement. He said the MOU is just a document for an “intention to invest.”
Roque, however, said that other than the title, there were no words in the document that says there is only an intention to invest.
He said the word “agreement” is written all over the document. “Aside from the title, there were no instances that mention the document is an MOU.”
Roque added that there is a provision in the document that says the government and ZTE Corp. “agree to perform all such acts and to execute and deliver such other documents… maybe necessary in order to give effect to the intent underlying the agreement or fully implement or consummate the transactions contemplated hereby…”
One of the required documents that has been executed by the government with ZTE Corp. is the 90-10 “sharing agreement” of Favila and Chinese officials, he said.
“I challenge Secretary Favila to make public other agreements entered into by the government with ZTE Corp. regarding this MOU,” he said.
Roque said the government hid the agreement by using the word MOU in anticipation of the people’s possible negative reaction to the mining deal.
Arroyo directly involved
The lawyer said Mrs. Arroyo is directly involved in the alleged illegal deal.
He said Mrs. Arroyo gave Favila a special authorization to “negotiate, conclude and sign for and in behalf of the Republic of the Philippines the MOU between the Philippine government and the ZTE International Investment Limited.”
Roque said he will bring his latest exposé before the proper court only after the public has been completely informed about the allegedly anomalous mining deal.
He added that he is also waiting to get hold of other documents needed to file complaints before the court.
Dureza, meanwhile, declined to comment on the revelations of the lawyer.
“Let it be threshed out [in the proper court]. We will wait for his answer to the constitutional challenge,” he said.
The press secretary had challenged Roque to bring the mining deal issue before the courts instead of babbling his revelations before the media.(abs-cbnnews.com)
Roque said he uncovered the government's agreement with ZTE Corp. through the minutes of a meeting between government officials, led by Trade Secretary Peter Favila, with officials of the Chinese company.
He said the meeting took place at the Shangri-La Hotel in Makati City on July 27, 2006, months after Favila signed with ZTE the controversial memorandum of understanding (MOU) on the $1-billion mining deal.
Based on the minutes of the meeting, Roque said the government agreed to give the Chinese company 90 percent of gold that will be cultivated from Mt. Diwalwal, which leaves the Philippines 10 percent of the precious metal's reserve in the mining town.
He said the agreement is already contained in a legal document. "This summarizes what was agreed upon by the Philippines and the ZTE Corp in implementation of the MOU."
Roque said one of the Chinese people present in the meeting was Fan Yan, the same ZTE Corp. official mentioned in the Senate's investigation on the botched $329-million national broadband network (NBN) deal.
He said he will name the other government officials and details of the agreement next week.
'Tongpats' source
Roque suspects the mining deal entered into by the government with ZTE Corp. would be the source of "kickbacks" for other high-ranking government officials involved in the botched NBN-ZTE agreement, who have not received their share of the deal.
“This explains where the tongpats (kickbacks) will be taken from. The $150 million kickback is too small. How will you get the money that would be used for the broadband operation? This is the answer,” the lawyer told radio dzMM.
One proof that giving away kickbacks is involved in the mining deal, Roque read a part of the MOU that says the Philippine government would handle the “local nuances.”
“The government of the Republic of the Philippines shall make available technical advises on the local nuances in the development and implementation of the investment,” Roque said, reading a provision of the MOU. “What do local nuances mean? That’s tongpats.”
Roque had said that the mining deal, if it pushes through, would become the mother of all illegal transactions entered into by the government, because of the amount involved in the agreement.
He said that based on a P200-million study conducted by the Philippine Mining Development Corp., the gold reserve in Mt. Diwalwal is worth at least $1 billion.
He said $1 billion is enough to satisfy all erring government officials who want a share from the projects awarded to the ZTE Corp.
Confidential clause
Roque said the MOU is a five-page document with a provision that says the agreement should be kept from the public.
“Unless otherwise required by law, regardless of regulations or an order of a court or any appropriate government agency, a party hereto shall not reveal the contents of this agreement, or issue any press release or make any other public announcement pertaining to the project contemplated herein without the written approval of the parties,” the lawyer said.
He said the provision clearly proves that something is fishy about the deal, adding that all negotiations entered into by the government should be made public as transparency in all government transactions is required by law.
Enforceable
Roque also belied claims by Press Secretary Jesus Dureza that the MOU is not an enforceable document.
The press secretary told radio dzMM that the MOU is not like a memorandum of agreement. He said the MOU is just a document for an “intention to invest.”
Roque, however, said that other than the title, there were no words in the document that says there is only an intention to invest.
He said the word “agreement” is written all over the document. “Aside from the title, there were no instances that mention the document is an MOU.”
Roque added that there is a provision in the document that says the government and ZTE Corp. “agree to perform all such acts and to execute and deliver such other documents… maybe necessary in order to give effect to the intent underlying the agreement or fully implement or consummate the transactions contemplated hereby…”
One of the required documents that has been executed by the government with ZTE Corp. is the 90-10 “sharing agreement” of Favila and Chinese officials, he said.
“I challenge Secretary Favila to make public other agreements entered into by the government with ZTE Corp. regarding this MOU,” he said.
Roque said the government hid the agreement by using the word MOU in anticipation of the people’s possible negative reaction to the mining deal.
Arroyo directly involved
The lawyer said Mrs. Arroyo is directly involved in the alleged illegal deal.
He said Mrs. Arroyo gave Favila a special authorization to “negotiate, conclude and sign for and in behalf of the Republic of the Philippines the MOU between the Philippine government and the ZTE International Investment Limited.”
Roque said he will bring his latest exposé before the proper court only after the public has been completely informed about the allegedly anomalous mining deal.
He added that he is also waiting to get hold of other documents needed to file complaints before the court.
Dureza, meanwhile, declined to comment on the revelations of the lawyer.
“Let it be threshed out [in the proper court]. We will wait for his answer to the constitutional challenge,” he said.
The press secretary had challenged Roque to bring the mining deal issue before the courts instead of babbling his revelations before the media.(abs-cbnnews.com)
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