Wowowee Tragedy Investigation Politicized
Lawyer’s group calls for the formation of an independent body

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
Bulatlat

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.

FROM HOPE TO DESPAIR: Ultra stampede victims Maritess Alcantara and her three-year-old daughter PHOTO BY DABET CASTAÑEDA

“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 

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