2 Ampatuans ask DOJ to reverse multiple murder raps

MANILA, Philippines - Two of the accused in the Maguindanao massacre have asked the Department of Justice (DOJ) to reverse its resolution last April 15 which recommends multiple murder charges against them and 195 other accused. 

Datu Sajid Islam Ampatuan, former governor of Maguindanao; and Datu Saudi Ampatuan Jr., former mayor of Datu Saudi Ampatuan town in Maguindanao - both detained - asked Justice Secretary Leila de Lima to issue an order withdrawing the information filed against them in the Quezon City regional trial court (RTC).

The two accused alleged that the investigating prosecutors committed grave abuse of discretion in finding probable cause to charge them in court based on the claim of supposed “witnesses” who were involved in the massacre.

They contested that the only basis of their indictment is the positive identification of witness Kenny Dalandag.

While their names were mentioned in the affidavit of Dalandag, Sajid and Saudi said it cannot be considered as positive identification of their supposed direct participation in the massacre because the testimony “is fabricated and concocted and is patently inconsistent with the panel’s own findings.”

They noted that even former Justice secretary Alberto Agra found Dalandag’s testimony weak compared to the testimony of former Autonomous Region in Muslim Mindanao Gov. Zaldy Ampatuan claiming that he was not present at the supposed plotting of the massacre at the house of his father, Datu Andal Ampatuan Sr. in Shariff Aguak, Maguindanao.

Agra noted that the investigating prosecutors reversed the finding of probable cause against Zaldy because he was able to sufficiently establish that he was in Davao City from Nov. 20, 2009 up to the early morning of Nov. 23, 2009 when he flew to Manila.

Agra said Zaldy’s absence at the family meeting was proven by a certification from Philippine Airlines that he boarded flight PR810 from Davao City to Manila last Nov. 23, 2009, and also PR187 last Nov. 24 from Manila to Cotabato.

The two accused noted that Dalandag’s affidavit was false not only on the alleged participation of Zaldy in the planning of the crime but in other significant points of the case.

They said that Dalandag was obviously lying when he claimed that the Ampatuans dispatched the gunmen to Barangay Matagabon, Ampatuan town, to establish a checkpoint along the highway and stop the convoy of the victims.

Dalandag’s affidavit, they said, is not supported by the findings of the panel which adopted the investigation report of both the National Bureau of Investigation and the Criminal Investigation and Detection Group (CIDG) which showed that the convoy of the Mangudadatu clan and their supporters was stopped at the checkpoint manned by the members of the 1508th Provincial Mobile Group in Sitio Malating, Barangay Salman, Ampatuan town.

The victims were on their way to the office of the Commission on Elections (Comelec) to file the certificate of candidacy of Esmael Mangudadatu for the gubernatorial post in Maguindanao when they were seized and killed.

They pointed out that Barangay Matagabon is about a kilometer and a half from Salman.

They added that the affidavits of 16 policemen of the 1508th PMG identifying the persons who arrived in Barangay Salman did not mention their names.

They also said that prosecution witnesses Police Officer 1 Rainer Ebus and Raul Sangki admitted that they were with Andal Jr. in the morning of Nov. 23 up to the time when the gunmen proceeded to the checkpoint to stop the convoy of Mangudadatu.

“Thus if there are witnesses who could properly identify the actual companions of Datu Unsay when he arrived at the checkpoint and when the massacre was allegedly perpetrated, it would be Sangki and PO1 Ebus. And yet, Sangki and PO1 Ebus never mentioned the names of herein respondent-appellants as among those who have taken part in the massacre,” the petitioners said.

Contrary to the testimony of Dalandag, Saudi said he was in Davao City on the evening of Nov. 22 when the alleged meeting at Shariff Aguak took place, while Sajid claimed that he was at the municipal hall of Shariff Saydona Mustapha on the afternoon of Nov. 22.