Roilo Golez: Maguindanao massacre puts to a test the country’s two critical democratic institutions:

Roilo Golez: Maguindanao massacre puts to a test the country’s two critical democratic institutions

The Maguindanao massacre puts to a test the country’s two critical democratic institutions:

1. Criminal justice system, particularly these pillars: police, prosecution, courts, jail management and community.

a. Can the police necessarily aided by the Armed Forces of the Philippines (AFP), conduct a fair and courageous investigation and evidence gathering considering the powerful political groups involved in both sides of the violent conflict? Can the police enforce an arrest order once issued without further violence and bloodshed?

b. Can the prosecutors freely conduct an investigation for the purpose of establishing case against accused, based on principle of prima facie evidence and probable cause?

c. If and when cases are filed in court, can the judge conduct hearing and trial without disruption and threat of violence? Would there be a judge brave and fair enough to accept the case in the light of expected threats?

d. Where would the accused be detained? Is there a jail in the vicinity capable of the challenge?

e. Will the community cooperate in evidence gathering? Will untainted witnesses come out?

2. Electoral system: Can an honest orderly and peaceful election be held in the Maguindanao area and vicinity in view of the situation in the area? Can candidates campaign, campaigning being an essential part of the electoral system? And what about threats to the automated system? This is very important not only for the outcome of local elections, BUT FOR NATIONAL ELECTIONS WHERE A FEW HUNDRED THOUSAND VOTES CAN DECIDE THE PRESIDENTIAL, VICE PRESIDENTIAL AND SENATE COUNT IN A TIGHT ELECTION EXPECTED IN 2010.