Kin of massacre victims told to prove indigence or pay filing fees in civil suit

MANILA, Philippines—A Quezon City court has ordered 11 relatives of victims of the Maguindanao massacre victims to show why they should be exempted from court fees and be allowed to litigate a civil suit for damages as paupers.

Should the court grant their plea, the plaintiffs in the P15-million suit against former President Gloria Macapagal-Arroyo can sue as indigents without having to pay hefty filing fees.

Judge Catherine Manodon of Regional Trial Court (RTC) Branch 104 granted the plea of the plaintiffs’ lawyer, Romel Bagares, to be given 15 days to submit documents as proof of their indigence.

Bagares told the court that it was the obligation of the state to provide reparation to victims of human rights violations.

In such a case, the lawyer said, the plaintiffs should not be asked to pay docket fees, as well as file affidavits of indigency as the perpetrators of the violation are from the state.

Manodon, however, said the plaintiffs should comply with the requirements on indigent-litigants and granted the 15-day extension for them to file the necessary documents.

Arroyo, now a Pampanga representative in the lower house of Congress, is the sole defendant in the civil case as she was President at the time of the November 23, 2009 massacre blamed on the Ampatuan clan, close political allies of hers.

The complaint was filed against her based on the premise of command responsibility as she was then the country’s chief executive.

The judge gave the order extending the deadline for the filing of the indigence affidavits in open court Friday, which coincided with Arroyo’s scheduled transfer to a government hospital pending her trial on a charge of electoral sabotage.

Arroyo is among those charged with electoral sabotage at a Pasay City court. Also indicted was Ampatuan clan patriarch Andal Sr., who is also charged in the Maguindanao massacre trial.

The Maguindanao massacre trial is being heard by another judge from the Quezon City RTC, Judge Jocelyn Solis-Reyes of Branch 221.

As of Friday, only four of the complainants in the civil suit against Arroyo—Editha Tiamzon, Cipriana Gatchalian, Julieta Evardo and Catherine Nunez—were able to file their affidavits of indigence.

To qualify as a pauper litigant, one’s real property possessions must have a value of less than P300,000, and income less than double the minimum wage.

Manodon ordered the remaining 11 relatives to submit their affidavits of indigency and supporting papers such as barangay (village) certificates of indigency, among others.

The court can only proceed with the damage suit against Arroyo after it has ruled on the petition to litigate as paupers.

Speaking to reporters, the four women said they were grateful to the Roque Butuyan law firm and its friends for supporting them in the legal battle.

Tiamzon revealed that the law firm shoulders their plane tickets, food and accommodation expenses whenever they are in Metro Manila for the hearings.

“If not for them, we would be nothing. They support us from the goodness of their hearts,” said Evardo, another litigant.

Last month, the embattled former President was slapped with the P15-million damage suit for her liability in the massacre, which is believed to have been carried out by her allies, the Ampatuans.

The other complainants in the civil case are: Ramonita Salaysay, Zenaida Duhay, Juliet Evardo, Arlyn Lupogan, Erlyn Umpad; Alejandro Reblando Jr., Ma. Reynafe Momay-Castillo, Noemi Parcon, Glenna Legarta, Mary Jean Merisco, Stephanie Lechonsito and a minor child.

Each of the plaintiffs asked the court to award them P1 million each – P500,000 for moral damages and P500,000 in exemplary damages.