Court fees waived for kin of 2 massacre victims

MANILA, Philippines - A Quezon City court has allowed two relatives of the Maguindanao massacre victims to litigate as indigent parties in their P15-million civil suit against former President and now Pampanga Rep. Gloria Macapagal-Arroyo.

In a three page order released yesterday, Judge Catherine Manodon of Quezon City Regional Trial Court Branch 104 granted the request of complainants Zenaida Duhay and Noemi Parcon to litigate as indigent parties.

“From the evidence adduced, this court is convinced that plaintiffs Parcon and Duhay are incapable of paying the docket fees in this case,” read the order dated June 21.

The judge noted that nothing is left from the monthly incomes of the plaintiffs to pay for their court fees.  

Duhay – widow of victim Jose “Jhoy” Duhay of Gold Star Daily – said she receives only around P16,800 a month from a part-time teaching job, a dry goods store, and the allowance coming from her son.

Meanwhile, Parcon – widow of victim Joel Parcon of Prontiera News – said she earns a combined amount of around P14,000 to P16,000 from her job and her sari-sari store.

Manodon said that to decline the request of Duhay and Parcon to litigate as indigents would deprive them access to the courts due to poverty, which is in violation of their constitutional rights.

Rule 3, Section 21 of the Rules of Civil Procedure states that “a party may be authorized to litigate his action, claim or defense as an indigent if the court is satisfied that the party is one who has not money or property sufficient and available for food, shelter and basic necessities for himself and his family.”

The case stemmed from the damage suit filed by 15 relatives of massacre victims against Arroyo.

The plaintiffs, who asked the court to grant them P1 million each for moral and exemplary damages, said Arroyo can be held civilly liable as she was the chief executive of the country at the time of the massacre on Nov. 23, 2009.

Records showed the court earlier allowed the other 12 plaintiffs to sue as paupers. They were Ramonita Salaysay, Juliet Evardo, Ma. Cipriana Gatchalian, Arlyn Lupogan, Catherine Nunez, Editha Tiamzon, Erlyn Umpad, Alejandro Reblando Jr., Ma. Reynafe Momay-Castillo, Glenna Legarta, Mary Jean Merisco and Stephanie Lechonsito.

The court has yet to set the date of the preliminary conference of the civil case.

Fifty-eight people, including 32 media practitioners, were killed in the massacre dubbed as the single worst incident for journalists in history.

The media were supposed to cover the filing of the certificate of candidacy of then Buluan vice mayor Toto Mangudadatu, who was set to challenge a scion of the Ampatuan clan for the Maguindanao gubernatorial post. Among the dead were Mangudadatu’s wife, his sisters, lawyers, and aides.

A special Quezon City court is hearing the multiple murder case filed against the initial 197 suspects tagged in the massacre. A total of 106 suspects have already been arrested by authorities.

Among the suspects were members of the powerful Ampatuan clan, including its patriarch Andal Sr. and his sons Andal Jr., Zaldy, Anwar Sr., and Sajid Islam.