I wondered what PNoy would say in this year’s SONA about the Maguindanao massacre and other cases of extralegal killings in the country. Since becoming President, he has consistently said something about this malaise. This may be because when he still seeking the people’s mandate, he sought an audience with our clients and promised that the prosecution of the perpetrators of the massacre would be on top of his priorities. This was why one of our clients, Myrna Reblando, wife of slain Manila Bulletin journalist, “Bong” Reblando, the only full time journalist of a national broad sheet to perish in the massacre, agreed to publicly endorse him in a television advertisement broadcasted at the tail end of the campaign period in 2010. That endorsement earned Myrna front seat sitting in PNoy’s inauguration at Luneta.

 

In 2010, while not expressly mentioning the Maguindanao massacre, PNoy did promise that he would “punish” the perpetrators of extrajudicial killings. In 2011, he expressed confidence that the Department of Justice will go after those behind these extrajudicial killings. In 2012, he expressly promised that he would accord the victims of the massacre justice. Earlier this year, the Secretary of Justice declared that the prosecution of the case would be finished within the term of PNoy.

 

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I then expected that the President would reiterate De Lima’s promise to finish the prosecution of the case before 2016. Alternatively, I was hoping that our recent expose that about 14 of the victims almost entered into a settlement with the accused would prompt the government to discharge its duty to pay compensation to the victims as a consequence of the Philippine state’s breach of its obligation to protect and promote the right to life of the victims. While Deputy Presidential mouth Valte exhibited her gross ignorance of human rights law when she said that this administration will not pay compensation to the victims since it was not responsible for the massacre; I was hoping that those with brains in the administration, such as Secretary Leila De Lima or Secretary Ronald Llamas, maybe upon the prodding’s of CHR Chair Etta Rosales, would already correct the mistake of the mouth named Valte.

 

So for 1 hour 45 minutes, I, with millions of other Filipinos, eagerly awaited the Presidential pronouncement on how he would protect and promote the most important right of all rights, the right to life.

 

My heart was hence tattered into pieces when after an hour and forty-five minutes of waiting, the President concluded his SONA without mentioning a single word on either extrajudicial killings or the Maguindanao massacre. My immediate reaction was one of panic. Oh my God, I said, the President is not even sure that the trial of the century could be concluded during his term! If it could not be done during the term of one who had not benefitted from the Ampatuans of Maguindanao, what would happen to the case should the President to be elected in 2016 be indebted anew to the family of the accused? It would certainly be hopeless for the victims.

 

The fact that I felt this sense of despair is actually to commend PNoy. I have always acknowledged that he is one of the few politicians who did not benefit from the Ampatuans of Maguindanao. On the contrary, he was one of those who allegedly got zero votes in the province in the 2007 elections. This is reason to be confident that there would be a level playing field in the prosecution of the massacre during his administration. But the reality is outside of PNoy, almost all of the contenders in 2016, unless the likes of Grace Poe, Chiz Escudero, or Allan Cayetano make a go for the Presidency, have had some ties with the Ampatuans of Maguindanao. This means that the possibility of a conviction, at least during my lifetime, has dimmed. This is because PNoy’s silence on the massacre is an implied admission that no one is certain when the prosecution of the country’s worst massacre will conclude.

 

It was also worrisome that despite the fact that there have already been 15 cases of extrajudicial killings of journalists in PNoy’s three-year-old administration, the President was equally silent on what he intends to do with the perpetrators of these killings. This prompted the Human Rights Watch to declare, “We are dismayed that President Aquino, in his State of the Nation Address today, chose not to talk about the continuing culture of impunity in the Philippines. We are disappointed that he did not take the opportunity to communicate to the military and the police that they will be held accountable for human rights violations. President Aquino’s failure to denounce abuses against outspoken activists, environmentalists, clergy and journalists sends the wrong message to abusive security forces and corrupt politicians”. The Center for International Law, for its part declared: “The President’s failure to state how he intend to finish the prosecution of the massacre case points to a lack of political will to punish those who will violate freedom of the press and the right to life”.

 

As for the victims, three of them, Monette Salaysay, Editha Tiamzon, and Cipriana Gatchalian tearfully asked on the occasion of the 44th month commemoration of the massacre held only a day after the SONA: “why have thou forsaken us?”

 

 

Harry Roque Jr. is a professor of law and director of the University of the Philippines Law Center's Institute of International Legal Studies. Visit Harry Roque's blog. Follow him on Twitter @attyharryroque.