DOJ fiscal: De Lima, lawyer in Ampatuan trial classmates

MANILA, Philippines - A Department of Justice prosecutor who used to lead a DOJ team handling the Maguindanao massacre case admitted yesterday their rift with a lawyer representing the families of some of the victims who also happens to be a law school classmate of Secretary Leila de Lima.

Assistant State Prosecutor Richard Anthony Fadullon said his team had a rift with Nena Santos, counsel for Maguindanao Gov. Esmael Mangudadatu and the families of 27 of the victims, in the prosecution of the case. De Lima and Santos were classmates at the San Beda College of Law.

Under the rules, DOJ prosecutors take the lead in the prosecution of the case and supervise the private lawyers. Fadullon said among the disagreements they have had with Santos is on the manner of presentation of witnesses – when they will be presented and who will present them.

Fadullon said “it’s very difficult to be overridden by the private prosecutor who go directly to our heads here in DOJ.” He filed his resignation from the panel on March 10, a day after De Lima signed a department order replacing him and five of the panel’s 11 members.

He also took issue with De Lima’s allegation that she replaced them at a crucial stage in the trial because they lacked the passion and zeal she expected from them.

“It’s OK if the secretary replaced us, that is her prerogative. But I can’t help myself and my members from feeling bad when she said we lacked the zeal, enthusiasm, dynamism and aggressiveness because we know how much effort we put into this case,” he told reporters in an interview.

Fadullon questioned the standards De Lima used in concluding that their panel fell short in performing their duties. “Was it because we opted not to go to the media for issues about the case and instead focus on the trial where it really counts?” he said.

Records show that Fadullon’s panel presented a total of 22 witnesses so far.

When then DOJ secretary Alberto Agra cleared Andal Ampatuan Sr. and sons Zaldy and Akhmad in the massacre, Fadullon’s panel protested until Agra reversed himself.