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Toto Mangudadatu: No closure yet, will appeal Sajid Ampatuan’s acquittal

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NO CLOSURE. Maguindanao 2nd District Representative Toto Mangudadatu said he will appeal the acquittal of Sajid Islam Ampatuan and Akmad 'Tato' Ampatuan Sr in the muder of his wife and sisters in the Maguindanao massacre. Photo by LeAnne Jazul/Rappler

MANILA, Philippines – No closure yet for Maguindanao 2nd District Representative Esmael “Toto” Mangudadatu, who said he would appeal the acquittal of two members of the Ampatuan clan in the murder of his wife and two sisters, promulgated by a court on Thursday, December 19.

Matagal pa ito (It’s a long way to go),” Mangudadatu told reporters amid cheers and fists raised in victory after the conviction of brothers Andal Ampatuan Jr and Zaldy Ampatuan Jr as the main suspects in the murder of Mangudadatu’s wife Genalin, his sisters Eden and Farinah, and 55 other people in the grisly Maguindanao massacre on November 23, 2009.

Mangudadatu said he would appeal the acquittal of Sajid Islam Ampatuan, currently the mayor of Shariff Saydona Mustapha municipality in Maguindanao province, and Akmad “Tato” Ampatuan Sr – before the Court of Appeals and all the way to the Supreme Court, if necessary.

Judge Jocelyn Solis Reyes of the Quezon City Metropolitan Trial Court found evidence insufficient to prove Sajid and Tato Ampatuan guilty of the murders. Sajid, one of the main suspects along with his brothers Andal Jr and Zaldy Ampatuan, had been out on bail worth P11.6 billion.

Mangudadatu said more witness testimonies had come in since Sajid posted bail in 2015, when the evidence against him was found weak. Mangudadatu said he and his lawyers will try to get those testimonies included in the case to overturn the acquittal.

Meanwhile, Tato Ampatuan Sr’s lawyer Artemio Caña said his client was only dragged into the case because of his surname, and was participating in a medical mission at the time of the crime. Unlike Sajid, Tato had been in jail 10 years, Caña said.

Besides the two acquitted Ampatuans, there are still the 50 suspects up for a verdict in a second phase of promulgations in the case, as well as 81 suspects still at large. With these, Mangudadatu said he could not really consider the case closed.

Nevertheless, he and the other victims’ families were thankful for the convictions of most of the suspects, especially the Ampatuans, who had ruled Maguindanao with impunity for decades.

Mangudadatu was about to challenge Andal Ampatuan Jr in the province’s gubernatorial race when a convoy led by his wife and sisters was blocked and hijacked on their way to file his candidacy.

At some point, Genalin Mangudadatu was able to phone her husband to tell him something was wrong, before the line went dead.

Gunmen led the convoy to a deserted mountainous place, where they shot and killed all 58 people part of the convoy, including 32 journalists, and the Mangudadatu women.

Mangudadatu ended up beating Andal Ampatuan Jr as governor, and held the post for 3 consecutive terms before running – and winning – as congressman in May 2019. – Rappler.com


DOJ: Acquittals in Ampatuan massacre 'expected'

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AMPATUAN MASSACRE. Groups protest for justice during the Ampatuan promulgation outside Camp Bagong Diwa on December 19, 2019. Photo by Alecs Ongcal/Rappler

MANILA, Philippines – Justice Secretary Menardo Guevarra said on Thursday, December 19, that the 55 acquittals in the Ampatuan massacre case were "more or less expected."

"We knew from the beginning where our strength lies and where certain gaps in our evidence exist so this is something more or less expected," Guevarra said in a brief interview with reporters shortly after the promulgation Thursday morning.

Only 28 people were convicted of 57 counts of murder for the gruesome killing of 58 people, 32 of them journalists, on November 23, 2009. All cases related to journalist Ronaldo Momay, the 58th victim, were dismissed because his body was never found. Their lawyer Harry Roque said they will appeal the civil aspect so Momay's heirs can be awarded damages too.

A total of 55 people, most of them policemen, and including Ampatuan brother Datu Sajid Islam, were acquitted due to reasonable doubt. Mohamad Sangki, a former Ampatuan town vice mayor, was also acquitted due to reasonable doubt. Sangki, who pointed to Datu Andal Jr as the mastermind, was under the Witness Protection Program (WPP).

There were 15 others who were convicted for being accessories to the crimes and were sentenced to 6 to 10 years in prison.

"We trust that the judge has very extensively examined the evidence and we trust in her impartiality in her rendition of this very important judgment," said Guevarra.

The 28 convicted included Datu Andal Jr, Zaldy, Anwar Sr and other clan members Anwar Sajid and Anwar Jr.

"Today is the day we have waited and I am very happy as Secretary of Justice that finally justice has been served," said Guevarra. 

All other cases against those who remain at large have been archived. Alias warrants have been issued against around 80 suspects to reiterate the order to arrest.

Private prosecutors said a new batch of complaints will be filed before the Department of Justice to run after more gunmen. – Rappler.com

DOCUMENT: Full decision on Ampatuan massacre case

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VERDICT. Accused face the court during hte promulgation on December 19, 2019. Photo from Supreme Court PIO

MANILA, Philippines – A Quezon City court found two Ampatuan brothers guilty beyond reasonable doubt for the 2009 massacre of 58 people, including 32 journalists, in Maguindanao. 

Quezon City Regional Trial Court Branch 221 under Judge Jocelyn Solis Reyes sentenced Datu Andal Jr and Zaldy Ampatuan and others guilty of 57 counts of murder. They have been sentenced to reclusion perpetua without parole. 

But only 28 people were convicted for 57 counts of murder for the 2009 Ampatuan massacre. A total of 55 people, including Maguindanao town mayor Datu Sajid Islam Ampatuan, were acquitted. (READ: 55 acquitted, 28 convicted in Ampatuan massacre

During the promulgation on Thursday, December 19, the parties were initially torn between having the dispositive portion or the salient points of the decision read. In the end, Reyes decided to read only the dispositive portion of the 761-page document.

The promulgation marked the end of a decade-long trial. Below is the full decision as uploaded on the Supreme Court website. (TIMELINE: The long road to justice for Ampatuan massacre victims)



– Rappler.com

58th Ampatuan massacre victim forgotten in verdict?

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REMEMBERED. Graves of the victims of the Maguindanao massacre. Photo by Karlos Manlupig/Rappler

MANILA, Philippines – Did the court wrongfully snub the 58th victim of the Ampatuan massacre?

Lawyer Harry Roque believes so after the court in its historic verdict on Thursday, December 19, convicted suspects over only 57 deaths, excluding the death of Reynaldo Momay, a 61-year-old photojournalist believed to be killed in the massacre but with no trace of him found in the mass grave site, save for dentures believed to be his.

Nalulungkot din po kami dahil na-absuwelto po ang mga akusado sa 58th count of murder. Ito po yung sa pagpatay kay Mr Momay na isang peryodista na hanggang ngayon ay hindi pa nahahanap,” Roque told reporters after the promulgation of the verdict. 

(We are also saddened by the acquittal of the accused in the 58th count of murder in the killing of Mr Momay, who is a journalist whom we still can’t find.)

Roque said he made a manifestation in the hearing that they would appeal the court’s decision using the discovered dentures believed to be his, along with witness accounts saying that he was part of the doomed coverage for the filing of the certificate of candidacy of Esmael “Toto” Mangudadatu.

In her decision Reyes said: "None of the witnesses recovered the cadaver of Momay in the massacre site. His live-in partner, Marivic Bilbao, and relatives did not find his body in any of the funeral parlors in Koronadal, Isulan, and Tacurong City. None of the documentary evidence showed the death certificate of the victim."

Reyes added that she was not convinced that the dentures found in the gravesite was Momay's, doubting his partner's narration that she recognized them from washing them for years.

Roque, however, lawyer stressed that the court acknowledging Momay as a victim wouldn’t change much of the punishment for the cuprits, as with 57 counts alone, the maximum 40-year sentence has already been fulfilled. (READ: Ampatuan brothers convicted in 10-year massacre case)

Hindi pa po tapos ang laban pagdating kay Mr Momay. Itutuloy po natin ang laban,” said Roque. (The fight for Mr Momay is not yet over. We will continue the fight.) – Rappler.com

Rights group leader gets death and rape threats on Human Rights Day

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CRACKDOWN ON HUMAN RIGHTS? Human rights groups rally to commemorate International Human Rights Day at Mendiola in Manila on December 10, 2019. Photo by Inoue Jaena/Rappler

MANILA, Philippines – A woman human rights defender received calls and text messages threatening to have her killed and raped on December 10, otherwise known as International Human Rights Day and the anniversary of the Universal Declaration of Human Rights (UDHR).

Cristina Palabay, secretary general of the human rights group Karapatan, that day received a call and a series of text messages from an unknown number, threatening her with death and rape, according to a report by Front Line Defenders on Tuesday, December 17.

This comes amid the Duterte administration's massive crackdown on progressive groups.

Palabay was allegedly called a “whore” and a “prostitute dreamer” and was threatened to be thrown into the ocean by an anonymous sender, who also defended the Duterte government. Karapatan said the threats may have come from military or police agents, or an erratic follower of the Duterte government. 

This was not the first time Palabay had received threats of this nature. In July 2017, another anonymous caller told her to stop her human rights work as martial law was imposed in Southern Mindanao. 

Palabay’s group, Karapatan, has long criticized military and police abuses in Duterte’s watch. In 2018, the group said of the administration: “The year 2018 was Duterte’s kickoff for laying down the foundation for and engineering a dictatorship amid a mounting people’s protest movement against the attacks on individuals and communities.” 

Front Line Defenders, a group protecting human rights defenders at risk, said it “condemns the series of abusive threats, especially those that demean the woman human rights defender on the basis of her identity as a woman.” 

It also “believes that the rape and death threats received by Cristina Palabay are the direct consequence of her legitimate and peaceful work for the protection of human rights.” 

The group also raised the alarm on the “increasingly hostile environment for human rights defenders in the Philippines.”

According to Karapatan, at least 2,370 human rights defenders have been charged by the government from 2016 to 2019, the biggest number in more than a decade. (READ: Duterte's war on dissent

Cops in late 2019 raided several offices and residences of progressive groups in Metro Manila and Bacolod City, based on search warrants issued by Quezon City Regional Trial Court Branch 89 Executive Judge Cecilyn Burgos-Villavert. 

On October 31, cops in Bacolod City arrested 56 persons affiliated with Bayan Muna, Kilusang Mayo Uno Gabriela, the National Federation of Sugar Workers, and other progressive organizations. (READ: Human rights defenders also killed under Duterte administration) 

On the same day, two members of Gabriela-Metro Manila and a Kadamay officer were arrested after a raid in Paco, Manila. Three more were detained during a raid on Bayan’s office in Tondo, Manilapast midnight November 5.

Authorities accused those arrested of being members of “legal fronts” of the Communist Party of the Philippines. The groups said the firearms and explosives recovered during the raids were planted. Rappler.com

State of emergency as bushfires rage in Australia

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EMERGENCY. Toxic haze blanketed Sydney on December 10 triggering a chorus of smoke alarms to ring across the city, as Australians braced for "severe" weather conditions expected to fuel deadly bush blazes. Photo by Saeed Khan/AFP

BUXTON, Australia – A state of emergency was declared in Australia's most populated region on Thursday, December 19, as an unprecedented heatwave fanned out-of-control bushfires, destroying homes and smothering huge areas with a toxic smoke. 

As thousands of firefighters battled blazes, temperatures neared 50 degrees Celsius in some places and authorities warned the extreme weather conditions could get even worse.

Australia endures bushfires every year but the early and intense start to this season, along with the record temperatures, has fuelled concerns about global warming. (READ: Australia has its hottest day on records, with more to come)

In New South Wales, Australia's most populated state with Sydney as its capital, more than 100 bushfires were burning on Thursday, many of them out of control.

New South Wales premier Gladys Berejiklian declared a seven-day state of emergency, the second since the bushfire season began early in September, due to "catastrophic weather conditions."

At Buxton, about 100 km southwest of Sydney, longtime resident Paul Collins said a nearby bushfire that had destroyed dozens of buildings was "much worse" than in past years.

"It's spread faster with the wind, and the bush and the ground is just so dry," Collins told Agence France-Presse, blaming climate change and a long-running drought for the worsening fires.

"It's just a horrendous situation, really."

At least 20 houses were destroyed in New South Wales on Thursday, according to national broadcaster the ABC. 

Meanwhile, the roughly 5 million people of Sydney continued to choke on smoke from a "mega-blaze" ringing the city.

 Public health emergency

Leading doctors have warned the smoke, which has shrouded Sydney for weeks, has created a "public health emergency."

Hospitals have been recording large increases in emergency room visits for respiratory problems.

Vulnerable people in New South Wales have been urged by authorities to stay indoors amid worries the scorching heat combined with the toxic smoke could cause "severe illness, hospital admissions and even death".

The heatwave has led to a series of extraordinary records.

Australia endured a national maximum temperature of 41.9 degrees Celsius on Wednesday, December 18, a full degree higher than the previous record set just one day earlier.

Until this week, the record high had been 40.3 degrees Celsius in January 2013.

Bureau of Meteorology forecaster Dean Narramore said the "dangerous and disastrous" heatwave was toppling dozens of "extraordinary" records across the country.

"We're heading into a 5th or 6th day in a row where multiple places broke a record. And we're likely to see 30 or 40 records around the country break," he told the ABC.

Climate protests

The fires have sparked protests targeting Australia's conservative government, which environmentalists accuse of promoting coal and other industries that belch out greenhouse gases that cause global warming.

On Thursday hundreds of climate protesters marched on Prime Minister Scott Morrison's official residence in Sydney to demand curbs on greenhouse gas emissions.

They also sought to highlight his absence on an overseas holiday as large parts of the country burn.

Scientists say the blazes have come earlier and with more intensity than usual due to global warming and the prolonged drought that has left the land tinder dry.

Meanwhile, exhausted firefighters continued their battle on Thursday.

New South Wales Rural Fire Service commissioner Shane Fitzsimmons said a crew of 5 firefighters battling a "fast-moving" blaze had been injured after being "enveloped" by flames. 

Two seriously injured men had been airlifted to a specialist burns unit and a woman was rushed to a nearby hospital.

Fitzsimmons said some firefighters had been left "shattered" after losing their own homes while saving other properties.

"They and their families and colleagues are truly devastated by the loss," he said. "It will be another very emotional, very draining day for our firefighters."

Aside from New South Wales, more than 70 fires are raging across Queensland state to the north. Bushfires are also burning in Western Australia and South Australia.

At least 3 million hectares of land has been torched across Australia in recent months, with 6 people killed and more than 800 homes destroyed. – Rappler.com

ASF kills nearly 30,000 pigs in Indonesia

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Image from Shutterstock.com

JAKARTA, Indonesia – Tens of thousands of pigs have died from African swine fever (ASF) in Indonesia's North Sumatra province, officials said Thursday, December 19, the first time the virus has been detected in the country. 

The disease has devastated swine herds in China and elsewhere in Asia, and initially Indonesia authorities put the death of 27,000 pigs down to hog cholera – a different virus with similar symptoms. (READ: FAST FACTS: What is African swine fever?)

But Fadjar Sumping Tjatur Rasa, an official at Indonesia's Ministry of Agriculture, told Agene France-Presse that laboratory tests had recorded evidence of ASF in 16 regencies and cities in North Sumatra.

"It had never (before) occurred in Indonesia," he added.

While the virus cannot be transmitted to humans, it is almost 100% fatal in pigs.

Although Indonesia is the world's most populous Muslim nation – and eating pork is forbidden by the Koran – the country also boasts a small Christian majority in North Sumatra, and Bali is a Hindu island whose signature dish is roast pig.

The UN's Food and Agriculture Agency said it was working with the government on containment, but the outbreak in Indonesia poses unique challenges.

Unlike China, where huge herds are reared and processed in factory-like conditions and outbreaks can be contained, in Indonesia most pigs are raised in backyard sties or on small farms, and sold at markets where the virus can easily spread.

Outbreaks of African swine fever have also been recorded in Myanmar, Laos, Philippines, Vietnam, Cambodia and East Timor. – Rappler.com

Sajid Ampatuan acquitted despite 'knowledge of murder plot'

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AMPATUAN MASSACRE. Judge Jocelyn Solis Reyes issues the verdict on the 10-year Ampatuan Massacre case. Photo from Supreme Court PIO

MANILA, Philippines – Datu Sajid Islam Ampatuan was acquitted of 57 counts of murder despite having "prior knowledge of the murder plot," the 761-ruling of Judge Jocelyn Solis Reyes said.

"For failure of the prosecution to discharge its duty, this court has no other option except to exonerate him from the crimes charged," said Reyes in the most-awaited decision promulgated on Thursday, December 19.

Datu Sajid Islam escaped the sentence imposed on his brothers Datu Andal Jr, Zaldy, and Anwar Sr, who were found guilty of plotting and carrying out the murder of 58 people, 32 of them journalists.

The conviction was only for 57 counts because Reyes excluded journalist Reynaldo Momay, whose body was never found.

Presence in meetings

Reyes ruled that meetings indeed happened before the massacre on November 23, 2009. (READ: DOJ: Acquittals in Ampatuan massacre 'expected')

Reyes acknowledged Sajid's presence in the meetings on July 20, November 17, and November 22 "to further discuss the plot."

"However, no one among the eyewitnesses had testified and pointed to them as being present at the crime site on November 23, 2009," said Reyes.

For this, Reyes categorized Sajid and Datu Akmad "Tato" Ampatuan as "the third class of accused – those who had prior knowledge of the murder plot but did not at all perform any overt act."

Akmad was acquitted with Sajid, along with 53 others.

Sajid was also found to have received visitors at his house a day after the massacre to discuss "how to save the backhoe."

A witness called Anok Akil said Sajid was drawing a narrative where they would say the backhoe was in the massacre site before the incident. Akil said that Sajid later gave him P2,000 to buy fish.

That fact "is of no moment," said Reyes.

"This cannot be considered an overt act indicative of conspiracy with his brothers and cohorts," said Reyes.

Not even an accessory to the crimes?

Reyes convicted 15 other individuals for the 57 murders but sentenced them to only 6 to 10 years for being accessory to crimes.

These were mostly police officers seen at the Malating checkpoint.

Checkpoints were set up along the highway, where armed men were deployed to carry out the plan of blocking the convoy of then Maguindanao governor aspirant Esmael "Toto" Mangudadatu.

These policemen were categorized by Reyes as "those who had no prior knowledge of the murder plot but were still identified or had performed overt acts."

Sajid was acquitted because Reyes said conspiracy "cannot be based on mere conjectures but must be established as a fact."

"The same degree of proof required to establish the crime is necessary to support a finding of the presence of conspiracy, that is, it must be shown to exist as clearly and convincingly as the commission of the offense itself. An assumed intimacy is of no legal bearing inasmuch as conspiracy transcends companionship," said Reyes. – Rappler.com


Ampatuan conviction shows the powerful are not above the law – Robredo

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TRIAL OF THE CENTURY. Relatives of victims in the Maguindanao massacre flash victory sign after the decision on the Ampatuan trial. Photo by LeAnne Jazul/Rappler

MANILA, Philippines – Vice President Leni Robredo hailed the Quezon City Regional Trial Court's decision to convict most of the Ampatuan brothers who were principal suspects in the murder of 58 people, saying the verdict showed no one is above the law.

"Paalala rin ito sa atin na ang lahat ng kasalanan ay may panahon din ng pananagutan, kahit minsa'y matagal ang paghihintay. Ang batas at katarungan ay walang pinipiling pangalan, maski na ang mga nasa kapangyarihan," Robredo said in a statement on Thursday, December 19.

(This serves as a reminder to us that all will have to answer for their crimes in time, even if it sometimes means waiting for a long while. The law and justice does not choose names, even among the powerful.)

She added, "Mahigit sampung taon matapos ang trahedya, tila isang napakalaking tinik ang natanggal sa ating mga puso." (More than 10 years since after the tragedy, a huge thorn has been removed from our hearts.)

What was the decision? In what has been described as the trial of the decade, QC RTC Branch 221 Judge Jocelyn Solis Reyes sentenced Ampatuan brothers Datu Andal Jr and Zaldy to reclusion perpetua or up to 40 years in jail without parole for the killing of 57 people, 32 of whom were journaists, on November 23, 2009.

The long-awaited decision in the Ampatuan massacre case was handed down in a tightly-secured courtroom inside Camp Bagong Diwa in Taguig. It saw 28 convicted of 57 counts of murder and sentenced to 40 years. Meanwhile, 15 were sentenced to 6-10 years for being accessories to crime, while 55 were acquitted– including Datu Sajid Islam Ampatuan.

Hope for the rule of law

The verdict, Robredo said, demonstrated there was hope yet for the Philippines' justice system, which has been described as notoriously slow and has been criticized for disadvantaging those with limited resources to pursue cases.

"Pagkatapos ng mahigit isang dekada, nagagalak tayong malaman na nakamtan na ng mga pamilya ng mga biktima ng Ampatuan Massacre ang pinakaasam nating hustisya.... Hindi man naging madali ang proseso at mabagal man ang naging pag-usad ng kaso, ang hatol na ito ay nagbibigay sa atin ng pag-asa na posible pa ring makamit ang katarungan sa loob ng ating sistema ng hustisya," the Vice President said.

(After 10 years, we are relieved to know that families of the victims of the Ampatuan massacre have been delivered justice.... The process wasn't easy, and the case moved slowly, but this decision gives us hope that it is possible to receive justice in our judicial system.)

The Vice President said she believed the outcome was also one that was fitting for the gory massacre, which is the most deadly election-related violence case and single deadliest attack on journalists in the Philippines.

She added: "Masalimuot man ang naging paghihintay, ngunit ngayong araw, nasa panig ng tama at matuwid ang tagumpay. Nakikiisa tayo sa mga mahal sa buhay ng mga biktima ng Ampatuan Massacre at sa buong sambayanang Pilipino sa pagdiriwang ng makasaysayang hatol na ito."

(The wait was difficult and long, but today the side of what is right and just won. We join the loved ones of victims of the Ampatuan Massacre and the Filipino people in celebrating this historic verdict.) – Rappler.com

NUJP: Despite Ampatuan conviction, fight is not yet over

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JUSTICE. Family members, counsel, and journalists join a press conference after the promulgation for the Ampatuan massacre case. Photo by Alecs Ongcal/Rappler

MANILA, Philippines – The National Union of Journalists of the Philippines (NUJP) on Thursday, December 19, said the conviction of the Ampatuan brothers over the 2009 massacre is a "significant and landmark step" but said the fight is not yet done.

"This is long overdue but their guilt has become official," NUJP said in a statement. "The decision of the Quezon City Regional Trial Court is not yet final until the Supreme Court rules so." 

QC RTC Branch 212, under Judge Jocelyn Solis Reyes, found the Ampatuan brothers Datu Andal Jr and Zaldy guilty of 57 counts of murder in the 2009 massacre which saw 58 dead, including 32 journalists. 

They were found guilty beyond reasonable doubt and sentenced to reclusion perpetua without parole. This means imprisonment for the principal accused of up to 30 years, factoring in their 10 years of preventive imprisonment.

NUJP lauded the families left behind who did not succumb to "threats, bribes, and harassment and instead stood their ground in fighting for justice for their loved ones."

"The convictions and indemnification can never bring back the lives of the victims and erase the pain of the families who lost their loved ones," it said. "But these, in some way, alleviate the suffering that they have endured for the past 10 years."

Soldier on

Only 28 people were convicted for 57 counts of murder in the 2009 Ampatuan massacre. A total of 55 people, including Maguindanao town mayor Datu Sajid Islam Ampatuan, were acquitted. (READ: 55 acquitted, 28 convicted in Ampatuan massacre)

One of the 58 victims, journalist Reynaldo Momay Jr was not included in the decision. Reyes, in the verdict, said that "none of the witnesses recovered the cadaver of Momay in the massacre site." (READ: 58th Ampatuan massacre victim forgotten in verdict?

"Justice is not yet complete for Bebot and until the last of those responsible with blood in their hands are made accountable," NUJP said. 

"We must soldier on until the last of those responsible are behind bars," the group added. 

The trial that spanned a decade has been criticized for the delay that saw a judge withdrawing, the case reraffled, and deaths of witnesses and accused. ([WATCH] Trial of the decade: Highlights of Ampatuan massacre case)

The massacre has cemented the image of the Philippine as one of the most dangerous countries to be a journalist in. It is also considered as the worst case of election-related violence in the Philippines. (TIMELINE: The long road to justice for Ampatuan massacre victims)

"The conviction of the key accused is also due to the unity and steadfastness of Filipino media workers and media groups in the country and abroad who have sustained the campaign and efforts for the past 10 years to make sure that the massacre will not be forgotten and that justice will be achieved no matter how long and hard it takes," NUJP said. – Rappler.com

After Ampatuan conviction, CHR urges gov't to ensure same 'full force of law'

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VICTORY. A lawyer shows the full court decision to the public following the promulgation of the Ampatuan massacre case. Photo by Lito Borras/Rappler

MANILA, Philippines – The Commission on Human Rights (CHR) on Thursday, December 19, expressed hope that the Ampatuan conviction signals an improvement in the handling of cases in the country.

"While being a landmark decision, we steadily urge the government to ensure that every case of assault to the rights of Filipinos be met with the full force of the law towards addressing marks of impunity that continue to prevail," CHR spokesperson Jacqueline de Guia said in a statement.

Quezon City Regional Trial Court Branch 221 found the Ampatuan brothers, Datu Andal Jr and Zaldy, guilty of 57 counts of murder in the 2009 massacre that saw 58 dead, including 32 journalists. (READ: Ampatuan brothers convicted in 10-year massacre case)

The massacre in Maguindanao on November 23, 2009, is considered as the single deadliest attack on media in the world and the worst election-related violence in Philippine history. ([WATCH] Trial of the decade: Highlights of Ampatuan massacre case)

The trial took 10 years, much to the agony of families left behind. The incident also cemented the Philippines' image as one of the most dangerous countries to be a journalist. (READ: TIMELINE: The long road to justice for Ampatuan massacre victims)

The CHR said it hopes that the circumstances surrounding the Ampatuan massacre and the decade-long trial serve as lessons, including the need to resolve cases with urgency, provide protection for journalists, and ensure media literacy.

"May this verdict revive our faith in the justice system, as well as in the principles of due process and rule of law – further recognizing that value of truth is our best defense against the many forms of abuses that threaten human dignity," De Guia said. – Rappler.com

Ampatuan verdict 'a big win' for victims, families – human rights lawyer

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VICTIMS. Family members, counsel, and journalists hold photos of the victims of the Ampatuan massacre at a press conference held after the verdict was announced. They Photo by Alecs Ongcal/Rappler

MANILA, Philippines – The verdict on the Ampatuan massacre is a "big win" for the victims and their families, said human rights lawyer and former Supreme Court (SC) spokesperson Ted Te hours after the decision was handed down on Thursday, December 19.

The decision of Quezon City Judge Jocelyn Solis Reyes convicted 28 of the 197 accused – including the principal accused, brothers Datu Andal Jr Ampatuan and Zaldy Ampatuan – of 57 counts of murder. Their other brother Datu Sajid Islam Ampatuan was acquitted. 

"It's a big win, it's a big verdict. Simply because the family has never been out of power. They remained very influential, they remained very powerful, they remained well-connected, they remained very rich," Te told Rappler.

The Ampatuans are a prominent political family in Maguindanao and continued to be so even after the massacre. Datu Sajid Islam, who was out on bail when the verdict was passed, is currently the mayor of Shariff Saydona Mustapha municipality. (TIMELINE: The long road to justice for Maguindanao massacre victims)

Te added that Reyes' conviction – reclusion perpetua, or up to 40 years in jail, without parole – was a "brave statement" to make.

"If there are lesser people convicted than acquitted, I think that's still a big win...that judgment, that verdict, shouldn't be characterized as anything less than that," Te said.

The Ampatuan massacre, which took place on November 23, 2009, resulted in the death of 58 people, 32 of whom were journalists. It is the single deadliest recorded attack on the media worldwide. ([WATCH] Trial of the decade: Highlights of Ampatuan massacre case)

Before today, the families of the victims had been waiting 10 years for justice.

Another decade

Te however, said, that it could take another decade before the families of the victims could receive payment for civil damages. (READ: Children bear the brunt 10 years since Ampatuan massacre)

The amounts in civil damages for each family, which ranged from around P350,000 to P4 million (for loss of earning capacity, in particular), were a far cry from the P20 million that prosecutor lawyer Harry Roque said they had asked the court to order the convicted to pay.

After the conviction, Te predicted that those found guilty will file for a motion for reconsideration and, if they lose there, take their case up to the Court of Appeals (CA). The case may even reach the SC if they lose in the CA.

The families of the victims can also appeal for a higher amount in civil liabilities.

Given the number of people concerned, Te said that realistically, it could be many years – even another 10 – before any amount in civil liabilities could be collected and all the cases are finally settled. – Rappler.com

'Justice prevailed': Youth groups hail Ampatuan massacre verdict

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MANILA, Philippines – After more than a decade since the 2009 massacre that saw 58 dead, including 32 journalists, youth groups hailed the guilty verdict handed down on the Ampatuan brothers on Thursday, December 19.

Ampatuan brothers Datu Andal Jr and Zaldy were convicted of 57 counts of murder. They were sentenced, along with 26 other people, to reclusion perpetua without parole by Quezon City Regional Trial Court Branch 221 under Judge Jocelyn Solis Reyes.

Since 2009, families and groups have been pursuing justice for their slain relatives and colleagues, condemning delays that have pushed the trial to take a decade. (READ: Children bear the brunt 10 years since Ampatuan massacre)

The College Editors Guild of the Philippines (CEGP) commended how the long-awaited verdict helps set the tone in countering the "worsening culture of impunity in the country."

"Today we are a step ahead in our fight against impunity.... May the verdict send a message to everyone that the oppressed can fight, stand, and triumph against those who abuse their powers," said CEGP national president Daryl Angelo Baybado.

The CEGP added that the conviction of the Ampatuan massacre perpetrators is an example of how the Filipino people will "fight for justice for all state-perpetrated violence."

The Samahan ng mga Mag-aaral ng Pamantasan ng Ateneo de Davao (ADDU Samahan), the university's student council, emphasized that the verdict will be remembered by Filipinos, especially Mindanaoans, as the "day of triumphed justice."

"May the Philippine justice system see light in this development and continue to serve fairly and justly," they said.

ADDU Samahan also called for continued vigilance, including among the youth, in preventing violence and terrorism.

"We say no more to a culture of impunity, violence, abuse, and terror in Mindanao especially in the Bangsamoro. Mindanao will no longer be remembered as a place of terror and massacres but a place where justice prevailed. Mindanao will be remembered differently," they added.

The University of the Philippines Diliman College of Mass Communication Student Council echoed ADDU Samahan, saying everyone should remain vigilant.

They added that they're hopeful the Ampatuan massacre case will set the precedent for "finally serving justice for every account of human rights violations in the country."

"The justice that has been served is a partial victory for the victims and their families. However, the struggle goes on so long as there are still perpetrators who are not behind bars. The call to defend press freedom continues as long as there are those who are still able to evade the rule of law," they said.

The promulgation of the decision is the culmination of a trial that took 10 years – stemming from November 23, 2009, when armed men intercepted a convoy of journalists, media workers, lawyers, and relatives of Esmael "Toto" Mangudadatu on their way to file his certificate of candidacy for Maguindanao governor.

The massacre is regarded as the worst case of election-related violence in the Philippines and the single deadliest attack on journalists in the world. (READ: TIMELINE: The long road to justice for Ampatuan massacre victims– Rappler.com

Cayetano gives P150,000 Christmas bonus to each House employee

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MANILA, Philippines – Speaker Alan Peter Cayetano approved a P150,000 Christmas bonus for every employee in the House of Representatives. 

But at least 3 congressional employees told Rappler they only received P112,000 each, as the bonus was subjected to a withholding tax of P38,000. 

“Yes, it was supposed to be P150,000, but they deducted the tax. The net amount is P112,000,” said a House employee, who spoke to Rappler on condition of anonymity. 

The amount is P2,000 more than the Christmas bonus received by congressional workers in 2018, when former president-turned-House speaker Gloria Macapagal Arroyo authorized a P110,000 bonus for every staff member. 

Another House worker said the so-called “Speaker’s bonus” was given to employees this year either through their payroll accounts or via checks. A payslip will be provided only when a worker requests for it. 

“I’m grateful din kasi malaking tulong sa family. Di ako kasali sa supposed ‘disgruntled’ employees kasi super thankful kami sa natatanggap namin,” said the employee. 

(I’m grateful for it because this is a big help for my family. I’m not among the supposed disgruntled” employees because we’re super thankful for what we are receiving.)

The Philippine Daily Inquirer first reported about the increase in the Speaker’s bonus for House employees this year, and how several workers were upset that they were taking home just P112,000 instead of the gross amount of P150,000. 

A House insider told Rappler that Cayetano set the bonus amount at P150,000 so employees would still be able to bring home a bigger bonus than what they received in 2018 once the withholding tax was deducted.

Rappler reached out to House committee on accounts chairperson Abraham Tolentino to seek an explanation behind the withholding tax computation for the Christmas bonus. He has not replied to text messages and calls as of posting time. 

The accounts panel is tasked to oversee the internal budget of the House for its day-to-day operations, including the salaries and benefits of employees. 

The Speaker giving tens of thousands in Christmas bonuses to employees in the House is nothing new. 

Another source told Rappler the bonus was P80,000 per House worker during the terms of former speakers Feliciano Belmonte Jr and Pantaleon Alvarez, who was ousted in July 2018 and was replaced by Arroyo. 

Arroyo then raised the Speaker’s bonus to P110,000 per House employee in December 2018. – Rappler.com

 

Putin says Trump impeachment based on 'made-up grounds'

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'MADE-UP.' Russian President Vladimir Putin calls the grounds for impeaching US President Donald Trump "made-up."

MOSCOW, Russia – Russian President Vladimir Putin on Thursday, December 19, said that the impeachment of Donald Trump was based on "made-up" grounds, adding he did not believe it marked the end of the US president.

"It still needs to go through the Senate, where the Republicans have a majority," Putin said after the House of Representatives voted to impeach Trump for abuse of power.

"And it is hardly likely that they are going to push out of office a representative of their own party, on grounds that are absolutely made-up," he added.

Speaking at his marathon end-of-year news conference, Putin described the events in the US legislature as "simply the continuation of a internal political fight" between Democrats and Republicans.

He reproached the journalist who asked the question for "speaking about Trump as if he is finished."

Trump was impeached Wednesday over a telephone conversation where he pressured Ukraine's president to investigate his potential White House challenger in 2020, the veteran Democrat Joe Biden.

Putin indicated he believed this was only a pretext used by the Democrats to impeach Trump after failing to corner him over claims that Moscow interfered in the presidential elections that brought him to power.

"The Democrats accused Trump of a plot with Russia, and then it emerged that there was no kind of plot. It could not be the basis of an impeachment," said Putin.

"Then they thought up some kind of pressure on Ukraine." – Rappler.com


CHED’s Vitriolo again dismissed by Ombudsman

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DISMISSED. The Ombudsman orders the dismissal of former Commission on Higher Education executive director Julito Vitriolo.

MANILA, Philippines – The Office of the Ombudsman again dismissed former Commission on Higher Education (CHED) executive director Julito Vitriolo on Monday, December 16, due to “conduct prejudicial to public interest” and “simple misconduct.” 

Vitriolo was a career official at the CHED, who was first dismissed in 2017 but had held on to his post as executive director. 

CHED said the latest dismissal was based on a case filed by former chairperson Patricia Licuanan, after Vitriolo called for her resignation. The move, CHED said, “overstepped the bounds of propriety and ethical standards” and “tarnished the image of his office as he created an atmosphere of leadership impasse within CHED and sowed disunity.”

The decision comes with an accessory penalty for Vitriolo to no longer be employed in government. 

Vitriolo was also ordered suspended for 3 months by Ombudsman Samuel Martires in October for his memorandum recommending that CHED issue a provisional permit in favor of a private school.

What case? The Office of the Ombudsman, under Conchita Carpio Morales, earlier dismissed Vitriolo in January 2017 for gross neglect of duty, misconduct, inefficiency, and incompetence for allowing an illegal diploma mill at the Pamantasan ng Lungsod ng Maynila.

Vitriolo was found guilty of grave misconduct, gross neglect of duty, incompetence, and inefficiency. The Ombudsman said he also violated the Code of Conduct and Ethical Standards for Public Officials and Employees for failing to investigate and stop NCPE's diploma programs.

The Court of Appeals 12th Division later dismissed these charges after concluding that these were "too harsh" and "disproportionate” to Vitriolo's offense. But by that time, President Rodrigo Duterte had already appointed another person for the post of executive director.

Following Vitriolo's dismissal in July 2017, Duterte appointed Karol Mark Yee as the executive director. But Yee resigned after two weeks over "relentless: threatsand the post has since been given to Cinderella Jaro.

CHED Chairperson Prospero de Vera said he "fully supports the efforts of the Ombudsman to expedite action on cases against public officials." 

"As part of our commitment to fully support the efforts of the Ombudsman to cleanse the bureaucracy and instil good governance, CHED will make sure that the commission is a bastion of good governance practices," he added. – Janella Paris/Rappler.com

Marcos family's entire art collection 'unlawfully acquired' – Sandiganbayan

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ART FORFEITED. The Sandiganbayan declared the Marcos family's art collection as "unlawfully acquired."

MANILA, Philippines – The entire art collection of the late dictator Ferdinand Marcos' family was “unlawfully acquired,” the anti-graft court's first division ruled on Wednesday, December 18, 

The 42-page judgment on Civil Case No. 0141 ordered the forfeiture of the family’s “ill-gotten wealth” in favor of the Philippine government. 

It was penned by Sandiganbayan First Division Associate Justice Efren de la Cruz. Associate justices Alex Quiroz and Oscar Herrera Jr concurred.

The Presidential Commission on Good Governance (PCGG) considered the decision its “fourth straight victory.” 

In 2003, the PCGG won the forfeiture of $658 million held in several secret Swiss foundations created by Marcos and his wife Imelda. In January 2014, the Sandiganbayan awarded to the State Imelda’s jewelry collection valued at $153,089. In August that year, the court declared that the government owned the $42-million Arelma accounts,

The Sandiganbayan said the evidence met the law's requirements for the forfeiture of unexplained wealth.

“RA 1379 provides that whenever any public officer or employee has acquired during his incumbency an amount of property manifestly out of proportion to his salary…and to his other lawful income, said property shall be presumed prima facie to have been unlawfully acquired,” the court said.

The Sandiganbayan said the Marcoses failed to prove how they lawfully acquired the money to acquire a massive collection of artworks between 1972 and 1985. 

Testimonies and documents submitted in court showed the artworks were worth a grand total of $24,325,500. Most of them were acquired through the then-first lady’s close associates and personal secretary, Fe Roa Gimenez.

“In sum, petitioner Republic was able to establish the prima facie presumption that the paintings and artworks valued at US$24,325,500 acquired by the respondent spouses were significantly out of proportion to their aggregate salaries of $304,372.43 as public officials,” the Sandiganbayan said.

The court ordered the family and said agents, representatives, and nominees to cease and desist from disposing, transferring, or selling the artworks and to render an accounting of all such assets still in their control as well as those that have already been sold.

They were also directed to “surrender the paintings and/or divulge their current location.” – Rappler.com

At least 2 dead as PNR train hits van in Camarines Sur

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CRASH SCENE. At least two people are killed as a train hits a van in Libmanan, Camarines Sur, on December 19, 2019. Photo from Libmanan Police

ALBAY, Philippines – A public school teacher and a 12-year-old boy died after a Philippine National Railways (PNR) train hit a passenger van in Libmanan, Camarines Sur, on Thursday, December 19.

Initial police investigation showed that the van, which came from the town of Sipocot and was heading for Naga City, avoided a traffic jam and took an alternate route.

The van was then hit by the PNR train as it was passing through a railroad crossing around 11:50 am.

Photo from Libmanan Police

The teacher and the boy, a Grade 6 student, were instantly killed, while 15 others were injured.

The injured range from 8 to 54 years old. They were brought to the Libmanan District Hospital and the Naga City Hospital. – Rappler.com

Michael Bloomberg's big bucks fuel unique strategy for White House run

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GAME PLAN. The 77 year-old politician plans to play by a different set of rules to win the presidency. File photo by EPA

NEW YORK, United States– Billionaire Michael Bloomberg is using his personal fortune to deploy a campaign starkly different from the rest of the 2020 Democratic presidential hopefuls, including skipping key states long toiled by less well-off rivals.

The former New York mayor was late to the election party, announcing his candidacy for the party nomination on November 24, months after frontrunners Joe Biden and Bernie Sanders.

Bloomberg, who has a net worth of more than $54 billion according to Forbes (compared to President Donald Trump's $3.1 billion), plans to play by a different set of rules to the other leading candidates, such as bypassing the early voting states of Iowa and New Hampshire which have been key to winning the nomination for decades.

The 77 year-old politician is spending heavily on online and TV ad campaigns while activating a wide network of mayors built up over the years through his commitment to the environment and through training programs for elected officials run by his Bloomberg Philanthropies foundation.

National polls suggest the strategy has merit. The founder of the media empire that shares his name is polling at an average of five percent, putting him fifth out of the 15 Democratic candidates vying to take on Republican Trump in November 2020.

Centrist Biden and left-winger Sanders have around 27% and 19% support respectively, while Senator Elizabeth Warren is third with 15% and Pete Buttigieg fourth with eight percent.

Bloomberg has ambitious plans for gun control and the climate, but he is also an economic conservative–– unlike Warren and Sanders, who want to heavily tax the rich to reduce income disparities.

Analysts however are skeptical Bloomberg's iconoclastic battle plan.

"His strategy has virtually no chance," Bruce Ackerman, professor of political science at Yale University, told AFP. 

Old and tired

Since 1972 no candidate has won the Democratic Party nomination without finishing among the top two finalists in party contests in Iowa and New Hampshire, the two small states where voters cast ballots in February.

Rather than fighting in those states, where his rivals have been building grassroots support for months, Bloomberg is focusing on the more than a dozen states which vote in the "Super Tuesday" contest on March 3.

These include California and Texas, the two states that will send the largest number of delegates to the party nominating convention in July.

As of late 2019, Bloomberg has spent as much on TV and radio advertising spots as all of the other candidates combined: approximately $100 million, according to research company Advertising Analytics.

He has spent millions more on online ads as well, and his name is visible across sites such as Facebook and YouTube.

Bloomberg has hired more than 300 people to work for his campaign, including Gary Briggs, Facebook's former chief marketing officer, who now leads the digital campaign vital to win voters.

Bloomberg finances his own campaign and does not need to mobilize thousands of donors, as his competitors do.

Money, however, is not everything.

Ackerman says that Bloomberg has not demonstrated organization on the ground or a charismatic media presence, two elements he believes are key at this stage of the race.

"He is hiring all these people, but do they have the capacity to mobilize people to show up?" he asked.

Bloomberg has yet to arouse the fervor of activists across the country, and is not eligible to take part in Thursday's Democratic debate because he doesn't have the required number of donors. Those rules may change in the future.

Instead he has garnered the support of ten mayors in various states, including Steve Benjamin, a respected African-American mayor from South Carolina.

Stop and frisk

Bloomberg is trying to improve his image with racial minorities, many of whom are suspicious of a candidate who as New York mayor supported a controversial "stop and frisk" policing policy that disproportionately targeted blacks and Latinos. 

Bloomberg apologized for backing the aggressive technique shortly before he announced his presidential bid.

The ten mayors backing Bloomberg have all undergone a training program for local elected officials organized by Bloomberg's foundation in partnership with Harvard University, the New York Times reported.

"That's not really grassroots support," said Michael Miller, professor of political science at Barnard College.

"I don't think there is any evidence that mayoral support can move the needle," he told AFP.

Furthermore, women voters may decide to penalize him over allegations by ex-employees that he fostered a culture of sexism at his company, as reported by ABC News.

Claims that Bloomberg made crude comments about female staff were made when he first ran for New York mayor in the early 2000s.

Miller says the wide-open nature of the Democratic contest however could work in Bloomberg's favor.

"There are a number of people who don't like any of the many choices that they have. Maybe he can find backing among these people," he said. – Rappler.com

Vladimir Putin drops cryptic hint on 2024 exit in press marathon

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CRYPTIC. Russian President Vladimir Putin hints he may not serve another term. File photo by AFP

MOSCOW, Russia– Russian President Vladimir Putin on Thursday dropped a cryptic hint seen by some as a sign he may not serve another term while also staunchly defending his Kremlin policies in a marathon news conference.

Clocking in at 4 hours and 25 minutes, the question-and-answer session was one of the longest ever held by Putin in a format that has become an annual end-of-year tradition for the Russian leader.

Putin–– who will shortly mark two decades since Boris Yeltsin dramatically handed him the presidency at the start of 2000–– faced the media with Russia still isolated internationally and speculation growing about his own plans when his mandate ends in 2024.

Many of the questions posed by some 1,800 reporters accredited for the event focused on bread-and-butter regional issues in a country that stretches from the Baltic to the Pacific, which Putin traditionally responded to with a stream of statistics.

No new term

But the most talked about moment came when Putin indicated he was in favor of removing the word "successive" from a clause in the constitution that says the Russian president should only serve two successive terms.

Were this to be implemented, Putin could not when his current term runs out in 2024 repeat the trick of 2008 where he temporarily handed the Kremlin to his ally Dmitry Medvedev to get round the two mandate rule.

"Your humble servant served two successive terms and then stepped down and had the constitutional right to return to the post of president," he said.

"But some of our political scientists and activists do not like this and maybe this could be removed, possibly."

Margarita Simonyan, the well-connected editor-in-chief of Russian broadcaster RT, said on Twitter: "If anyone had any doubts about whether the chief will seek another presidential term, he will not."

Two different countries

But with no successor in sight at this stage, Tatiana Stanovaya, head of the R.Politik analysis firm, said it was not clear if Putin's comments represented an "incentive to start a discussion or a decision that will be realised".

"He has increased the arguments in favor of a scenario of stepping down. Now the search for a successor will begin," she told AFP.

But asked to sum up his two decades in office–– which saw him named premier by Yeltsin in 1999, serve as president from 2000-2008, again premier from 2008-2012 and then return as president–– Putin said Russia in 2000 and 2019 were "two different countries".

He said Russia had been in the throes of "civil war" with the conflict in Chechnya when he took office while the economy had also "totally transformed" since the 1998 financial crisis.

Although Putin's popularity ratings have weakened since the peak of the boost from the 2014 annexation of the Ukrainian peninsula of Crimea, he still retains the support of a majority of Russians.

However, those watching on YouTube made clear they were unimpressed, with 43,000 pressing dislike and just 10,000 likes and some posting mocking comments.

Trump not finished 

In other crucial comments in the press conference:

  • Putin said the impeachment of Donald Trump was based on "made-up" grounds and he did not believe that the US president was in any way finished.
  • He said "nobody knows" the true causes of climate change, indicating that global warming could be caused by astronomical factors like a tilt in the Earth's axis rather than man-made factors.
  • The body of Bolshevik leader Vladimir Lenin should stay in its mausoleum on Red Square in Moscow, Putin said, while admitting he had changed his mind from his KGB days and now had a less rosy assessment of him.
  • He denied Russian military forces had any involvement in the breakaway Ukrainian regions of Donetsk and Lugansk and said mercenaries in the conflict included Germans and French on both sides.

As in previous editions, dozens of journalists clamored at Putin to be allowed to ask questions, bearing placards with the names of their media, home regions or simply expressions of admiration for the Russian leader.

The length was not far off the record for Putin's now notorious press marathons, 4 hours 40 minutes in 2008.

But in an unexpected question at the end, a Russian journalist asked Putin about the successful business activities of his two daughters whom he never discusses in public. Visibly irritated, he did not directly answer the question. – Rappler.com

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