November 30, 2005 · Posted in: In the News, Media
Journalist’s killer sentenced to life imprisonment
IN what media rights advocates say is "a decisive victory for press freedom," a former policeman has been sentenced to life imprisonment for the 2002 killing of Pagadian City journalist Edgar Damalerio.
Guillermo Wapile was found guilty by a Regional Trial Court in Cebu City of gunning down Damalerio on the evening of May 13, 2002, as the journalist drove his owner-type jeep along a street in Pagadian City.
Damalerio, only 32 at the time of his death, was a radio commentator for dxKP-Pagadian, managing editor of the Zamboanga Scribe, and host of the cable television program "Enkwentro (Encounter)." He doggedly reported on anomalous transactions and illegal activities in the city, detailing what he found to be the involvement of local officials, police and military men, and even fellow journalists. Further, he personally filed cases against officials whom he found to be involved in wrongdoing.
Damalerio’s wife, Gemma, says her body literally shook when she heard the promulgation at around 3 in the afternoon of Tuesday. "Matagal naming hinintay ito (We waited so long for this)," Gemma said. "Masaya ako (I am happy)."
Wapile is expected to appeal the conviction, and Gemma is prepared for the long battle ahead. "Nasagot na ang dasal ko, pero ganoon talaga ang proseso. (That’s how the legal system works. At least now my prayers have been answered)."
Of the 55 cases of journalist killings in the country since 1986, Wapile is only the third to be convicted. International media groups have called the Philippines "the most murderous country" for journalists. No mastermind has ever been named or prosecuted.
Damalerio’s killing was one of those that media rights groups have thought would be easier to prosecute. Two eyewitnesses have consistently identified Wapile as the gunman, as the killer doubled back after pumping five shots into Damalerio, making one more pass at the crime scene. It gave Damalerio’s two companions a clear view of his face.
But there were clear efforts to stall the case.
A month after Damalerio’s killing, the Pagadian police, led by its chief, Supt. Asuri Hawani, and the PNP Region 9 director, produced someone whom they said was a "witness" who pointed to another suspect as the killer. That witness later turned out to be a friend of Wapile’s. Hawani also failed to investigate Wapile, much less file the appropriate charges against him.
Frustrated with the slow pace of justice, as well as the apparent efforts by the local police to protect Wapile, Damalerio’s relatives filed administrative and criminal charges against both Hawani and Wapile. In January 2003, then PNP Chief Hermogenes Ebdane ordered the dismissal from service and the forfeiture of all benefits of Wapile and Hawani. They were also disqualified from further holding any public office.
"As a police officer," Ebdane said in his decision, "he (Wapile) has a bounden duty to maintain peace and order in the community and not to victimize the people they are bound to serve. To allow the respondent to continue his services in the PNP would be a great insult to the organization."
And as for Hawani, Ebdane said, he had taken advantage of his position to obstruct justice.
But still it was not going to be easy, even with Wapile dismissed from his post.
Wapile’s dismissal order was not issued immediately as, PNP officials in Camp Crame explained then, it had "typographical errors" that need to be corrected.
Later, in early February 2003, while being held in custody at Camp Abelon in Pagadian, Wapile managed to escape. The escape outraged media organizations, which then initiated dialogues with police officials in Manila.
The case took another turn when, on February 2 this year, Edgar Amoro, the DXKP volunteer reporter and public school teacher who was one of the two eyewitnesses, was killed.
Damalerio’s family also continued to receive death threats. The other eyewitness, farmer Edgar Onggue, and his family have likewise been constantly harassed. At one point, Onggue’s wife narrowly escaped an abduction attempt by unknown people.
Both witnesses were under the justice department’s Witness Protection Program.
Gemma now says, "Laking pasasalamat ko talaga kay Edgar, na nagpatuloy sya (I am very thankful to Edgar Onggue, he went on with his testimony)."
Damalerio’s family and friends scored a victory when, on February 14, 2005, the Supreme Court acted favorably on their petition to transfer the venue for Wapile’s trial out of Pagadian City, to any RTC in Cebu City. Chief Justic Hilario Davide Jr. also ordered for a speedy trial.
Media groups in the Philippines and abroad have closely watched Damalerio’s case, as it presents an opportunity, the FFFJ said, "to break the cycle of impunity."
4 Responses to Journalist’s killer sentenced to life imprisonment
jester-in-exile
November 30th, 2005 at 12:28 pm
Excerpts from the inq7.net story “Reporters hail life sentence for killer of journalist” (http://news.inq7.net/breaking/index.php?index=1&story_id=58241):
“The other gunman is still at large and the mastermind who ordered Damalerio’s murder has never been charged.”
“The Damalerio killing was one of the few cases where the murderer of a journalist has been brought to justice despite a rash of killings of press people and broadcasters in recent years.”
“ ‘We can jail all the killers, but until those behind the killings are unmasked and punished for their crimes, press freedom in this country will continue to be threatened,’ (Jose) Torres (an official of the National Union of Journalists of the Philippines, or NUJP) said, calling on the public not to be content with justice in this one case.
“The NUJP says 70 journalists have been murdered in the Philippines since democracy was restored in 1986.”
“International press watchdogs call the Philippines one of the world’s most dangerous places for working journalists.”
Excerpts from the PCIJ story “Journalist’s killer sentenced to life imprisonment” (http://www.pcij.org/blog/?p=506#more-506):
“Damalerio’s killing was one of those that media rights groups have thought would be easier to prosecute… But legal maneuverings on the part of the defense as well as foot-dragging on the part of the prosecution have stalled the case.”
“A month after Damalerio’s killing, the Pagadian police, led by its chief, Supt. Asuri Hawani, and the PNP Region 9 director, produced… a ‘witness’ who pointed to another suspect… (the) witness later turned out to be a friend of Wapile’s.”
“Hawani also failed to investigate Wapile, much less file the appropriate charges against him.”
“In January 2003, then PNP Chief Hermogenes Ebdane ordered the dismissal from service and the forfeiture of all benefits of Wapile and Hawani. They were also disqualified from further holding any public office…. Wapile’s dismissal order was not issued immediately as, PNP officials in Camp Crame explained then, it had ‘typographical errors’ that need to be corrected.”
“Later, in early February 2003, while being held in custody at Camp Abelon in Pagadian, Wapile managed to escape.”
“Damalerio’s family also continued to receive death threats. The other eyewitness, farmer Edgar Onggue, and his family have likewise been constantly harassed. At one point, Onggue’s wife narrowly escaped an abduction attempt by unknown people… Both witnesses were under the justice department’s Witness Protection Program.”
“Media groups in the Philippines and abroad have closely watched Damalerio’s case, as it presents an opportunity, the FFFJ said, ‘to break the cycle of impunity.’ ”
“No mastermind has ever been named or prosecuted.”
***
It seems pretty clear to me that on the ground and at the command level the government and its agents condone the killing of journalists. Such a shame when the watchdogs of our society are murdered and/or allowed to be murdered by our leaders and forces of law and order (enforcers of flaws and disorder?).
***
With apologies to Émile Zola:
I accuse the government of not doing enough to pursue justice for all the victims of crime in this country.
I accuse the government of coddling the masterminds of crime in this country, by allowing the attack dogs to be punished but not their masters.
I accuse the government of criminal ineptitude, incompetence, and indifference, for their laxity in pursuing the persons committing these acts of violence and keeping those caught in custody.
I accuse the government of condoning the culture of permissible violence against one’s critics. I accuse the government of fostering this culture, through intellectual violence such as the issuance of Executive Order 464 silencing critics among the members of the administration and the threat of actual violence such as the calibrated pre-emptive response.
Furthermore:
I accuse the government and the opposition of sowing confusion and discord, muddling the issues through noise, show, and grandstanding, leaving the majority of the Filipino people deaf, dumb, and blind to their opportunistic power games.
I accuse the armed Left, the radical Right, and other groups involved in the wanton destruction of persons and property, for being contributors to the disorder in society, instead of proponents of Philippine progress, the rot they contribute greater than the evils of the government they seek to overthrow.
I accuse the majority of the Filipino people of choosing to remain apathetic, allowing the status quo of cheaters, liars, and leeches to remain in positions of power, whether in or out of government.
I accuse the self-proclaimed members of the intellectual, economic, political, moral, and social elite who judge the rest of the Filipino people with malice yet lift not a finger to aid the people in their capacity as their “betters”, and instead find entertainment and amusement in the plight of those abased.
***
Had to get that off my chest.
(http://jester-in-exile.blogspot.com/2005/11/jaccuse.html)
oscar
November 30th, 2005 at 1:26 pm
youre right on that jester…a country with a fake leader who lies,steal and cheat shouls be condemed and remove by hook or crook..we know that a country who`s leader who stole her election victory and without mandate from his people will always be a banana republic…I don`t know what`s happening to our good men and women..who are all very quiet and dosn`t do a thing to oust our illigitimat presidint ms arroyo.please let`s all unite and kick GMA and her evil minion`s.
INSIDE PCIJ » 2006: The ‘worst year’ for journalists
January 5th, 2007 at 7:14 am
[…] Damalerio was murdered in 2002. A police officer was convicted for committing the crime on the orders of his superior. […]
The Daily PCIJ » Blog Archive » Protecting the messenger, preserving democracy
October 3rd, 2008 at 5:46 pm
[…] not a single mastermind prosecuted or sent to jail, including the two cases of Marlene Esperat and Edgar Damalerio that were supposed to be “victories for […]