United Opposition (UNO) vice presidential bet and Makati Mayor Jojo Binay yesterday described as “scary” the decision of the Department of Justice (DOJ) clearing two members of the Ampatuan clan in the massacre of 57 people, including 32 media people, in Maguindanao last year, saying it erodes the credibility of the justice system in the country.
“Nakakatakot po talaga ang naging resolusyon ng secretary of justice,” Binay told a radio interview in Lucena City. “Kaya itong pamahalaan ni Mrs. Arroyo ay talagang nawawalan na ng tiwala ang tao sa hustisya. Kailangang po ang hustisya natin ay walang malakas at walang mahina, walang mayaman at walang mahirap.”
A resolution of the DOJ dropping the multiple murder case against suspended Gov. Zaldy Ampatuan of the Autonomous Region of Muslim Mindanao and Maguindanao Vice Gov. Akmad Ampatuan on claims that they were not in the province when the gruesome killing took place drew outrage from complainants and other groups, and has prompted calls for Justice Secretary Alberto Agra to resign.
Binay said the DOJ has completely overlooked the evidence in hand to establish probable cause. “‘Yung sinasabing kulang ang ebidensiya na ang ibig sabihin noon ay may ebidensiya naman. So ibig sabihin ng ebidensiyang iyon ay merong probable cause,” he added.
“‘Yung sinasabing probable cause ang ibig sabihin niyan ay maaari ba, may posibilidad ba na ginawa ito ng humaharap sa kaso? Hindi po ito (DOJ) hukuman kung saan dinedetermina ‘yung tinatawag na moral certainty, ‘yung tinatawag na beyond reasonable doubt o walang kaduda-duda na may kasalanan. ‘Yun ang trabaho ng hukuman. ‘Yung sa lebel ng piskal o secretary of justice, hindi po kailangan ng beyond reasonable doubt diyan,” explained the UNO vice presidential candidate.
Binay, who once served as a criminal and human rights lawyer, also explained that in the court of law the credibility of a witness outweighs the number of witnesses.“Hindi ito usapin ng paramihan ng testigo kundi ang kredibilidad ng testigo,” he said.
He earlier expressed suspicion that the DOJ was pressured into clearing the two Ampatuans by the Palace in the face of threat by a family member to reveal the electoral fraud in Maguindanao, which delivered votes for President Gloria Macapagal-Arroyo when she ran for the presidency in 2004 and for her senatorial candidates in 2007.
Binay said Agra could have not made such a decision without the imprimatur of the Palace.
