DOJ orders prosecutors to drop murder raps vs 2 Ampatuans

MANILA, Philippines (UPDATED) - The Philippine government said Saturday it would drop murder charges against two prominent members of a powerful Muslim clan over the massacre of 57 people last year.

Zaldy and Akmad Ampatuan, initially alleged to be two of the key planners of the election-linked killings in the restive south, will be dropped from the list of those accused, Justice Secretary Alberto Agra said.

"I just issued the resolution. I have already instructed the prosecutors to amend the charges to drop them against Zaldy and Akmad," Agra told AFP, although he said lawyers opposed to his decision could appeal in court.

The decision provoked outrage among the relatives' victims, who have repeatedly voiced concern that President Gloria Arroyo secretly intended to protect the Ampatuans because they were long-time political allies.

"This is evidence that the victims cannot get justice under the administration of President Arroyo," said human rights lawyer Harry Roque, who is representing some of the victims' families.

The prosecution in February charged that Zaldy, Akmad and other members of the Ampatuan clan conspired to murder a convoy of political rivals and journalists in Maguindanao province on November 23.

The murder, which shocked the world, was allegedly intended to prevent a rival from running against clan member Andal Ampatuan Jnr for the post of provincial governor in the May 10 national elections.

However Agra said that, after reviewing evidence, the initial decision to charge Zaldy and Akmad was flawed.

"There was no proof of conspiracy and there was a proof of an alibi," he said.

Agra cited airline tickets and cellphone records showing Zaldy and Akmad Ampatuan were not in Maguindanao during the massacre as reasons for dropping the charges.

"There is no proof or any document that shows they were part of the planning. They (the prosecution) only had one witness against Zaldy and Akmad."

The Ampatuans are a powerful Muslim political clan that has long dominated politics in Maguindanao.

They were members of Arroyo's ruling coalition and delivered her crucial votes in the 2004 presidential election, but were expelled after the massacre.

Arroyo allowed them to run their own private army as part of a containment strategy against Muslim rebels in the south.

Zaldy Ampatuan had been governor of a Muslim autonomous region in the southern Philippines that encompasses Maguindanao at the time of the massacre. Akmad was the acting vice-governor of Maguindanao.

The patriarch of the clan and the then-governor of Maguindanao, Andal Ampatuan Snr, as well as his son and namesake, remain charged with murder.

Myra Reblando, widow of one of the murdered journalists, said she was not surprised by the decision to drop the charges.

"This is an indication there is no justice under Gloria Arroyo. She will protect the Ampatuans because she owes them," she said.

But Agra insisted he was only acting in accordance with the law.

"They are entitled to their opinion. I am just doing my job... my resolution is based only on the evidence before me, nothing else," he said.

It was not clear when Zaldy and Akmad Ampatuan would be released from jail.

They, and the other Ampatuan members, were also charged with rebellion for allegedly trying to resist government efforts to bring the killers to justice.

A court last month dismissed those rebellion charges. But Agra said the government was seeking a motion of reconsideration with the same court.

Ampatuan silencing massacre witnesses: hitman

MANILA, Philippines - A man who says he took part in last November's massacre in Maguindanao province has told Al Jazeera how he now fears he too will be killed as the alleged mastermind of the killings seeks to silence potential witnesses against him.

In an exclusive interview, the man known as "Jesse" told how he had been ordered to kill a witness, and he now fears he will be next after the head of a powerful clan placed a bounty on his life.

"[Datu Unsay] gave the order for me to kill this one guy who could have been a witness against them," he said.

"I did it. If I didn't do as told, they would kill me."

The November 23 massacre in the southern Philippine province of Maguindanao was the country's worst single incident of politically-related violence, leaving at least 57 people dead.

The killings are believed to have been masterminded by a leading member of a powerful local clan, Andal Ampatuan Jr., also known as Datu Unsay, in an attack on the family of a political rival.

More than 20 accompanying journalists and some passers-by were also killed in what investigators say was an attempt by the attackers to cover their tracks.

Ampatuan Jr. is now being held in a Manila jail accused of multiple counts of murder, although his trial was recently suspended indefinitely, pending decisions on motions filed by his lawyers.

Speaking to Al Jazeera, Jesse admitted he had taken part in the November killings, but said that as an employee of Ampatuan Jr.'s cousin, he had to either kill or be killed.

And he said the attack was carried out not on Ampatuan Jr's orders, but on the orders of his father, the clan patriarch and former governor of the province.

"I was there when they met a week prior and talked about the killings," he said.

"Unsay only does what he is told by Andal Sr… I followed orders too… I fired shots, I don't know how many I hit … if I hadn't - well, we know what Unsay is like."

Now in hiding and using an assumed name, Jesse is awaiting a decision from Philippine authorities on his plea for witness protection in return for his testimony.

In the meantime, he says, Ampatuan Jr. has placed a $45,000 bounty on his head.

Political ties

The Ampatuan clan has fiercely denied any involvement in the massacre.

Ampatuan Sr. has controlled Maguindanao province for most of the past decade and had been grooming his son to take his place as governor in national elections scheduled for May.

The family also had close political ties to Gloria Arroyo, the Philippine president who critics say had allowed the Ampatuans to build up a powerful militia in return for delivering votes.

Marga Ortigas, Al Jazeera's Manila correspondent, says the investigation into the massacre has been seen as a test not only of the Philippine judiciary but of the strength of the country's democracy as a whole.

While dozens of other clan members have been charged in relation to the killings, only one man – Ampatuan Jr. – has so far been brought to court.

With his trial now suspended, many Filipinos are skeptical that the perpetrators of the massacre will ever be brought to justice.

Court authorities have rejected accusations of political pressure and say they are doing the best they can.

In any case, Jesse told Al Jazeera, inside or outside of jail, the Ampatuan clan has a long reach.

"Unsay has been telling his men to be patient, that he'll get out. And when he does, he will punish anyone who turned against them," he said.

Ivler's ma blames 'violent' past for Jason's acts

Ivler 'hates the Philippine gov't'

MANILA, Philippines - Much has been said about Jason Aguilar Ivler's allegedly violent outlook towards authority since his arrest last Monday over the murder of a Palace official's son.

His mother, Marlene Aguilar Pollard, admitted as much on Thursday when asked how Ivler views the Philippine government. "He hates the Philippine government. He has absolutely no respect for the Philippine government," she told reporters.

On Friday, Aguilar revealed that their present ordeal is the direct result of their family's violent past.

Born in Massachussets on Jan. 7, 1982, Ivler is the firstborn of Aguilar and her first husband, Robert Ivler, whom Marlene met in the Philippines.

Aguilar said Jason and his younger brother, Colby, lost their father when they were still very young.

"My husband was found dead in a chair, inside a hotel in Bangkok. He was killed by a professional killer," she said.

Since Jason was only 2 1/2 when his father died, Aguilar did not tell him about his father's death until Jason was older.

She also confessed that she had various affairs before marrying Stephen Pollard, an economist who works as consultant for the Asian Development Bank and Ivler's current stepfather.

She said among her former lovers were a Colombian arms dealer and a wanted criminal who is now serving time in the United Kingdom.

Aguilar said Jason always treated her with gentleness and is a far cry from his brother, Colby, whom he described as hard-headed. She claimed that Jason was a dean's lister at the Hawaii Pacific University where he studied AB Psychology.

"They are extremes. Jason and Colby are both geniuses. When I see Jason, I see heaven. Colby, I call him Saddam, Damien, Hannibal, because everytime I see him, my blood pressure goes up. Lapastangan yan. He drives me totally nuts. I love him. But Jason is the exact opposite. He never raised his voice to me," she said.

A history of violence

It was during his break from school in 2004 when Ivler was involved in the first traffic accident involving a Malacañang official. Ivler was driving his stepfather's Toyota Land Cruiser, which bore diplomatic plates, when he rammed into the car owned by Presidential Undersecretary for Resettlement Nestor Ponce Jr.

Ponce was killed in the accident while his wife and driver survived.

A Philippine National Police (PNP) press statement issued August 2004 said Ivler was charged with reckless imprudence resulting in homicide for Ponce's death.

Reports said Ivler, who was then out on bail, was nabbed in Zamboanga City with two police escorts while trying to catch a ferry bound for Malaysia. The attempt to leave the country despite a pending criminal case prompted the Bureau of Immigration to issue an order preventing him from leaving the country.

Ironically, Ivler was still able to join the US Army on Feb. 15, 2007 despite a pending warrant for his arrest in the Philippines.

Readers of abs-cbnNEWS.com said Ivler served as an Infantryman (11 series) with the 25th Infantry Division in Hawaii, with the rank of specialist (E-4). A year later, he was discharged under honorable conditions on Oct. 16, 2008.

In Aguilar's book "Warriors of Heaven", she described how Ivler was arrested by US authorities and pressured to admit things about his family.

A year after leaving the US Army, Ivler again ran afoul of the law when he allegedly shot and killed Renato Victor Ebarle Jr., son of Presidential Chief of Staff Undersecretary Renato Ebarle Sr., on November 18 during a traffic altercation.

He went into hiding for 2 months until his arrest by National Bureau of Investigation operatives in a bloody shootout last January 18.

Despite the ordeal, Aguilar said she has only one wish for her son. "That all of these will end peacefully and we will live peacefully," she said.

Marlene Aguilar faces raps for hiding son Jason Ivler

MANILA, Philippines - Marlene Aguilar-Pollard is to be charged with obstruction of justice after prosecutors indicted her for allegedly hiding her son, murder suspect Jason Ivler, inside her home.

Ivler, 26, was arrested inside his parents' home at Blue Ridge village in Quezon City on Monday morning by National Bureau of Investigation (NBI) special action units.

He was wanted for the murder of Renato Victor Ebarle Jr., son of Palace official Renato Ebarle Sr.

In previous statements, Aguilar repeatedly denied that she knew her son's whereabouts. She claimed that Ivler had escaped to the United States.

Police had filed a complaint against Aguilar before the Quezon City Prosecutor's Office for violating Presidential Decree No. 1829, which penalizes people who harbor wanted criminals, conceal evidence, or give false information to prevent law enforcement agents from apprehending suspects.

Alessandro Jurado, a fiscal at the city prosecutor's office, said there was sufficient evidence to file a charge against Aguilar.

Aguilar's case will be brought before the Regional Trial Court on Tuesday. The case can then be raffled by Thursday.

However, Aguilar said she will be posting bail, set at P12,000. "I will post bail. I won't comment because my son is in critical state," said Aguilar, who submitted to a formal inquest at the fiscal's office.

Aguilar, the sister of folk singer Freddie Aguilar, is a self-published book author.

She is married to economist Stephen Pollard, a British national and consultant at the Asian Development Bank.

Jason Ivler is Aguilar's son from a previous marriage to an American.

Repeated denials

Jason Ivler, the primary suspect in the murder of a Palace official's son, is wounded and captured in a police raid inside his mother's home.

The NBI's intelligence reports revealed that Ivler had been hiding at his mother's house in Blue Ridge for more than 2 months.

Police had searched Aguilar's home twice before, but failed to locate the suspect.

The NBI reportedly had strong suspicions that Aguilar was hiding Ivler after they found the suspect's car parked at the house of his uncle in Marikina.

At around 6 a.m. on Monday, the NBI raided Aguilar's home and found Ivler hiding inside a concealed room under the stairs. Ivler shot at police and wounded 2 agents before he was subdued.

Aguilar was arrested, along with 2 male household help, after her son's capture.

Atty. Angelito Magno, head of NBI's Special Action Unit, said Aguilar deliberately misled police when she said her son was out of the country.

"She kept on saying that she received an e-mail that he is in Hawaii already," Magno told reporters in a briefing.

"Second, [Marlene] said things like, 'I am very cooperative. I let you into my home because I have nothing to hide.' Even as her son was shooting at us and we were shooting back, she said, 'I didn't know [Jason] was inside the house'," Magno added.

Police had a standing order for Ivler's arrest after he shot dead 27-year-old Ebarle Jr. in November 2009 following a traffic altercation along Santolan Road in Quezon City.

Ivler, a former U.S. Special Forces agent in Iraq, was involved in a road rage case 4 years ago.

He was charged with reckless imprudence resulting in homicide for killing Undersecretary Nestor Ponce Jr. in 2004 after Ponce accidentally hit his car.

No search warrant

In November 2009, Marlene Aguilar asked her son to surrender to authorities. Police believe Aguilar has been hiding Jason Ivler inside her home since last year and lied to authorities about it.

Aguilar, clad in a nightgown, denied that her son was at home at first and tearfully protested against the NBI's presence at their home.

She also questioned why police had no search warrant when they raided the house. (Watch exclusive ABS-CBN footage of Ivler's arrest here.)

"Wala naman kayong search warrant. Andiyan na siya--andiyan na kayo sa kuwarto ko, may mga hawak kayong baril. Pasensiya ka na ha, ngayon lang ako nagf-freak out," Aguilar was quoted as saying in a videotape of the raid.

(You don't have a search warrant. You're there in my room carrying guns. I'm sorry, I'm freaking out just now.)

Aguilar later led police into Ivler's bedroom to show that it was empty. However, NBI agents noticed the airconditioning unit was on and that the adjacent bathroom had a wet floor and damp towel--indicating the recent presence of an occupant.

They found the suspect hiding inside a tiny storage room that was walled-up on all sides. Ivler, who was carrying a baby armalite and caliber .45 pistol, opened fire on police and started a 10-minute shootout.

Ivler was wounded in the clash, along with 2 police agents, and was brought to the Quezon Memorial Medical Center (QMMC) for treatment.

According to the QMMC's latest medical bulletin, Ivler is "stable but guarded."

NBI agents are standing guard over the patient, who is reportedly handcuffed to his hospital bed. Ivler is currently recuperating from a 3-hour surgery.

'State of shock'

Police handcuff Marlene Aguilar following her son's arrest. She is to be charged for obstruction of justice.

Marlene Aguilar-Pollard appeared distraught when she was escorted to NBI headquarters in handcuffs.

"At the moment, I am in a state of shock. I heard that my son is fighting for life and death. And so I really don't have anything further to say," she said.

Though glib with media, she was videotaped crying several times as she spoke with her lawyer, Atty. Alexis Medina.

Medina declined to comment while investigations are ongoing.

On November 21 last year, Aguilar was also videotaped in a tearful state when she addressed a crowd at the Cultural Center of the Philippines. In her speech, she asked her son to surrender to authorities.

She also apologized to Ebarle Jr.'s family for her son's actions.

"Jason, I say if you are guilty, I beg you with all my heart to surrender yourself and face this," Aguilar had said.

NBI agents, however, insist Aguilar knowingly hid her son from police all these months and fed them false information about his whereabouts.

Though she could have acted based on her natural instinct as a mother to protect her child, Magno said she hampered another family's quest for justice.

Police are currently investigating whether Ivler's stepfather Stephen Pollard, who lives in the same house as Aguilar, is criminally liable.

Pollard is exempt from criminal prosecution due to diplomatic immunity.

Ampatuan Jr.'s trial in Camp Crame starts

MANILA, Philippines (UPDATE)- Datu Unsay Mayor Andal Ampatuan Jr. arrived Tuesday morning at the Philippine National Police (PNP) headquarters in Camp Crame on a bulletproof van as authorities brace for the first hearing on the multiple murder charges filed against him for the massacre of nearly 60 people in Maguindanao last November 23.

Live footage of ABS-CBN's Umagang Kay Ganda (UKG) showed the National Bureau of Investigation (NBI) convoy leaving its main headquarters in Manila around 6:15 a.m.

The convoy, which included the bulletproof van of Ampatuan Jr., who was also wearing a bulletproof vest, arrived at Camp Crame in Quezon City around 6:30 a.m., 2 hours earlier than the scheduled hearing at 8:30 a.m.

A radio dzMM report said Buluan town Vice-Mayor Esmael Mangudadatu, Maguindanao gubernatorial candidate and wife and brother of 3 of the massacre victims, arrived at Camp Crame around 8 a.m.

The report added that trial started after Ampatuan Jr. was escorted into the PNP's Police Non-Commissioned Officers' Clubhouse around 8:32 a.m.

Ampatuan Jr. is facing multiple murder charges for the massacre of 57 people in Ampatuan town, Maguindanao last November 23.

Justice Secretary Agnes Devanadera told UKG that the first hearing would tackle the petition for bail filed by the lawyers of Ampatuan Jr. She said the petition forces the government's prosecution team to immediately produce evidence on the multiple murder charges.

"The judge would hear the petition for bail first before conducting the arraignment. The prosecutors would have to present evidence so that the judge will not grant the petition for bail," the justice secretary said.

Devanadera said they will also present statements from various witnesses who have implicated Ampatuan Jr. to the massacre. She said some witnesses placed Ampatuan Jr. at the crime scene in Barangay Saniag, Ampatuan town, where the 57 bodies of the massacre victims were exhumed from 2 mass graves.

She was confident that Judge Jocelyn Solis-Reyes of Quezon City Regional Trial Court Branch 221 would junk Ampatuan Jr.'s petition for bail after 2 hearings.

Meanwhile, security in and around the police camp was very tight despite police's assurance that there was no threat on Ampatuan Jr.'s life.

Chief Superintendent Gordon Descanzo, PNP Headquarters Support Group chief, said streets around the camp will be restricted while checkpoints will be set up at roads leading to the trial venue.

The Supreme Court has also banned the live coverage of the murder trial to avoid "mistrial" due to "trial by publicity."

SC spokesman Midas Marquez said only authorized media personnel will be allowed in the trial venue, and they will only have a photo opportunity with the prime suspect prior to the trial.

Once the trial starts, no cameras will be allowed and no one will be allowed to leave the venue except during recess.