MANILA, Philippines ? (UPDATE) Criticized for dragging its feet on the case, Malacañang advised Datu Unsay Mayor Andal Ampatuan Jr. and other suspects to turn themselves in for investigation in connection with last Monday's massacre of civilians and journalists in Maguindanao.
``It definitely will help if those who feel that they are already being considered as suspects to turn themselves in and cooperate with the law enforcement agencies,'' Executive Secretary Eduardo Ermita said in a briefing.
``To prove they're innocent, they should give themselves up rather than go against the law by not turning themselves in,'' Ermita stressed.
Ermita was commenting on reports that the police had tagged Ampatuan Jr. as the prime suspect, citing witnesses' accounts that the victims were initially stopped by a group led by the latter.
``Not only the Ampatuans, but everybody that may feel alluded to as suspects, they better come out and present themselves to the authorities. That will be the best for them to do. Nobody is above the law,'' he said.
Turning themselves in to the authorities would also ``help defuse the situation,'' he added.
Ermita doused speculations that the Ampatuan clan, which delivered votes for President Macapagal-Arroyo in the 2004 presidential vote, was ``untouchable.''
``Nobody should be untouchable. I don't see why they should be considered untouchable. People should be given equal protection of the law,'' he said.
At one point, Ermita asked Gov. Zaldy Ampatuan of the Autonomous Region in Muslim Mindanao to ``cooperate in the investigation.''
``It will be to the credit of Gov. Zaldy Ampatuan, if being a regional governor, he will go above his personal interest and be cooperative in conduct of the investigation to show he's the man of the law, that he's a leader that can be trusted and that he respects the Constitution and our legal system,'' he said.
Despite the police's pronouncement on Ampatuan Jr., Ms Arroyo and Malacañang stopped short of directing the police to arrest him, saying that due process should take its course.
Ms Arroyo assured the public that the national prosecution offices under the Department of Justice have been taking steps ``for the expeditious resolution of this crime.''
``In all this, the rule of law, the guarantee of equal protection and equal application of the law, and the observance of due process and all legal processes, shall prevail,'' she said in a statement.
``Let the full force of the law bear upon those who are found to be responsible for this offense, and be made accountable for their acts,'' she added.
Ermita said the public should await the course of action by the crisis management team, headed by Secretary Jesus Dureza, saying he expected it to issue summonses to certain personalities within the day.
``That's being discussed by the crisis management team in Mindanao in order to identify those that will have to be summoned, or that will be subject of the order for them to be disarmed, to be taken into custody or against whom a warrant of arrest will be issued or charges will be filed,'' he said.
Secretary Raul Gonzalez, chief presidential legal counsel, cautioned the government against hastily arresting the Ampatuans in the absence of solid evidence.
``If we use the iron hand on them, they might fight back. We should take precaution. These are not ordinary people,'' he said by phone, adding: ``We're guided by the rule of evidence, not by emotions. Suspicions, accusations are not synonymous with guilt.''
Gonzalez, however, said that the Maguindanao provincial government-owned backhoe found in the crime scene was a ``circumstantial evidence'' against the Ampatuans.
``That could tilt in favor of some suspecting that the Ampatuans are involved. That's one circumstantial evidence. But you can't convict somebody with one circumstantial evidence. It must be a series of circumstantial evidence that can establish not only a prima facie evidence but proof beyond reasonable doubt,'' said the former justice secretary.
Gonzalez also defended Dureza from criticisms for meeting with the Ampatuan and the Mangudadatu clans while police were investigating the massacre.
``He was authorized to make peace and study solutions, and make recommendations,'' he said. ``He's not prosecutor, investigator and jury at the same time.''