This story
was taken from Bulatlat, the Philippines's alternative weekly
newsmagazine (www.bulatlat.com, www.bulatlat.net, www.bulatlat.org).
Vol. VI, No. 2, February 12-18, 2006
Wowowee
Tragedy Investigation Politicized
Atty. Neri Colmenares
of the Counsel for the Defense of Liberties said
that they view with alarm the highly politicized manner with which the task
force investigating the Wowowee tragedy has been exercising their powers.
“Considering their failure to investigate the killing of militants, lawyers and
journalists, their sudden interest and enthusiasm in an issue involving a
perceived critic of Pres. Gloria Macapagal-Arroyo can only be interpreted as an
attempt to use their office for the political benefit of the president,” he
said. BY DABET CASTAÑEDA What could have been a picture of hope is
now an image of despair as 40-year old Maritess Alcantara, carrying her
three-year old daughter, went back to the PhilSports Arena (PSA, formerly Ultra)
Feb. 10, one week after the stampede that killed 74 poor folk and injured
hundreds of others. “Manghihingi lang sana ako ng pamasahe,” (I
will just request for transportation money.) she said. Alcantara came all the way from Barangay
(village) Maysalay, Goa, Camarines Sur (530 km south of Manila) with 13
neighbors to join the anniversary celebration of the noontime show “Wowowee”
aired over ABS CBN Channel 2. “Nagbakasakali lang ako na makakuha kahit
maliit na pampuhunan,” (I was just taking the chance that I might win money for
capital for a small business.) she said. In the show’s most popular game, “Pera
o Bayong,” (money or basket), the prizes to be given out are a house and lot,
taxis, jeeps and tricycles. Aside from the main prizes, cash prizes would have
been given out to lucky patrons. Alcantara, a farmer, was left by her husband
three years ago. She has since carried the burden of raising and feeding her
seven children. Her two eldest kids aged 21 and 18 are still in high school
while three of her children aged 16, 14 and 10 are in elementary. Her two
younger kids are aged six and three. Before leaving for Manila, she sold her hog
for P3,000. She said the money was supposed to pay for her children’s school
expenses but she decided to bring it as pocket money for her trip to Manila.
She and her neighbors arrived at the PSA
around 5 a.m. of Saturday February 4 and were almost trampled to death during
the stampede. Alcantara said she was lucky to have survived the tragedy. But she
lost her bag and money during the stampede. She is only being accommodated in a
house in Sampaloc, Manila by somebody she met while queuing at the PSA entrance.
Light penalties Under Philippine laws, those responsible for
the death of the 74 poor folk who died in the stampede may only get a maximum of
four years and two months in jail if proven guilty for the charge of reckless
imprudence resulting to multiple homicide and serious physical injuries. This
offense is bailable. Atty. Pete Principe, legal counsel of the
Volunteers Against Crime and Corruption (VACC), said that the penalty was too
light for such an offense. The lawyer was in front of the PSA Feb. 10 to man the
Victim’s Assistance Post set up by the VACC to help the families of those who
died in the stampede and those who were injured in what is now known as the
“Wowowee Tragedy.” Principe said the assistance post was put up
primarily to collate data to be used in filing a class action suit against those
responsible for the tragedy. The lawyer said he will serve as the lead legal
counsel when the victims and their families finally agree to bring the matter to
court. The VACC received more than a hundred calls
in their office after the stampede, Principe said. Most of the callers, Principe
said, expressed their interest in filing a case against the organizers of the
event. If the case pushes through, it would be the third class action suit the
VACC will handle. The VACC handled the case of the Ozone Disco Tragedy that
killed 150 persons in March 1996 and the Catholic Bahay Kalinga Orphanage in
Manila that burned to death at least 28 people, mostly children in December
1998. Five years ago, the Supreme Court upheld the
decision of the lower court favoring the victims of the Ozone Disco tragedy. The
case against the administrators of the Manila orphanage is still undergoing
hearings before the Office of the Ombudsman. Based on the initial findings of the
Department of Justice (DOJ), Principe said the case against the organizers of
the tragic event is strong. The lack in preparations and the absence of
contingency plans and proper coordination between the local unit of the
Philippine National Police (PNP), local government (LGU), and the event
organizers constitute a clear case of negligence for the safety of the PSA
crowd, Principe added. The VACC will base the filing of the case
from the results of the DOJ investigation, Prinsipe said. No credible resolution However, the lawyers group Counsel for the
Defense of Liberties (CODAL) said in a statement that the DOJ investigation will
only exacerbate the situation. “We are afraid no credible resolution will come
out in the process,” said Neri Colmenares, CODAL spokesperson.
The DOJ spearheaded the formation of an inter-agency task force
co-chaired by Undersecretary Marius Corpus of the Department of Interior and
Local Government (DILG) and Mayor Vicente Eusebio of Pasig City to investigate
the tragedy. The PNP is also a member of the task force.
In its initial findings, the task force finds the television
network ABS-CBN, producer of Wowowee, liable for the stampede. It absolved the
DILG, PNP and Pasig City government from any liability.
Colmenares said that although the management of ABS-CBN is
responsible for the tragedy, the law provides that the local government and the
PNP are equally responsible for ensuring the health and safety of the people who
camped out in the streets of Pasig for days. The lawyers group said the task force
investigation is highly questionable because DOJ Secretary Raul Gonzales told
the media he did not find anything wrong with the report “despite his public
admission of the insufficiency of the evidence from which the report was based.” Colmenares said they view with alarm the
highly politicized manner with which these agencies have been exercising their
powers. “Considering their failure to investigate the killing of militants,
lawyers and journalists, their sudden interest and enthusiasm in an issue
involving a perceived critic of Pres. Gloria Macapagal-Arroyo can only be
interpreted as an attempt to use their office for the political benefit of the
president,” he said. Independent body CODAL calls for the creation of an
independent body to ensure the independence and credibility of the investigation
and guarantee justice for the victims. The lawyers group suggested that the DILG
report be set aside due to the highly political and irregular process it was
conducted. But Alcantara and her three-year old
daughter could not care less about all the investigations. All they want now is
to go home albeit a future of uncertainty. Bulatlat © 2006 Bulatlat
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Lawyer’s group calls for the formation of an independent body
Bulatlat