Guilty

Ampatuans get life in prison for massacre

MANILA, Philippines — Justice has been finally served to the victims of the Maguindanao massacre, considered the deadliest election-related violence in the country in recent memory, with most of the victims media workers.

In a packed courtroom at the Metro Manila District Jail Annex-2 at Camp Bagong Diwa in Taguig City, muted cheers could be heard as Quezon City Regional Trial Court Judge Jocelyn Solis-Reyes read the verdict yesterday, declaring 28 of the accused guilty beyond reasonable doubt of 57 counts of murder.

Those found guilty and sentenced to reclusion perpetua – life in prison or up to 40 years, without parole – were siblings Andal Ampatuan Jr., former mayor of Datu Unsay town in Maguindanao; Zaldy Ampatuan, former governor of the Autonomous Region in Muslim Mindanao; and Anwar Ampatuan Sr., former mayor of Shariff Aguak, Maguindanao.

Also convicted were Anwar Sr.’s sons Anwar Jr. and Anwar Sajid, as well as 23 police officers and alleged members of the clan’s private army who took part in the massacre, which took place on Nov. 23, 2009.

The convicts were ordered each to pay relatives of the accused P350,000 in civil, moral, exemplary and temperate damages.

Some of the victims’ heirs were also granted millions of pesos worth of damages for loss of earning capacity.

Lawyers of some of the convicts, including the Ampatuans, have manifested intention to appeal the ruling.

Fifteen other suspects were convicted of a lesser charge of accessory to the crime of murder, which carries a penalty of six to 10 years in prison.

Among them was Insp. Michael Joy Macaraeg, who is out on bail and did not attend the promulgation. A warrant was issued for his arrest.

Rejoicing over the decision, however, immediately turned to disappointment for relatives of some of the victims after the court acquitted two other prominent members of the Ampatuan family: Sajid Islam and Akmad “Tato.”

Sajid Islam, incumbent mayor of Shariff Saydona Mustapha town in Maguindanao who is out on bail, did not attend the promulgation of judgment. He was given five days to explain why he should not be cited in contempt by the court for skipping the proceedings despite summons.

Fifty-five other suspects – mainly police officers – were acquitted as they were not identified in the crime scene and had no prior knowledge of the murder plot, Solis-Reyes said.

All the accused were acquitted in the 58th murder case filed involving photojournalist Reynaldo Momay, believed to be one of the massacre victims but whose remains were never found.

Planned

In her 761-page decision, Solis-Reyes said the prosecution proved beyond reasonable doubt that the killing of 57 victims was planned days before the massacre.

“The timeline proves beyond reasonable doubt that there were gatherings prior to Nov. 23, 2009. The purpose had been laid out in these meetings: to not just prevent, but kill all the persons transporting the candidacy papers of Datu Toto to Shariff Aguak,” read the decision.

Datu Toto is Maguindanao Rep. Esmael Mangudadatu, whose wife, sisters and supporters were among those killed in the bloodbath.

The convoy included vehicles carrying 32 media practitioners, as well as six people mistaken to be part of the group.

“The method had also been ascertained: numerous men, firearms, checkpoints, Sanggukos and a backhoe would be used to accomplish the murder objective,” the decision further read.

In deciding on the case, Solis-Reyes said the 101 suspects who stood trial may be classified into six groups, depending on their knowledge of the murder plot and their actual role in the massacre.

Solis-Reyes said it was established that 10 of those convicted for multiple murder fall under the first class, or those who had prior knowledge of the murder plot and actually fired at the victims.

They include Andal Jr., Anwar Sajid, Anwar Jr., Insp. Saudi Mokamad, PO1 Jonathan Engid, Abedin Alamada, Talembo Masukat, Theng Sali, Manny Ampatuan and Nasser Esmael.

She said eyewitness accounts proved that they were aware of the murder plot and participated in the actual killing, dismissing their defense, particularly Andal Jr.’s alibi that he was not at the crime scene at the time of the incident.

Meanwhile, five other suspects including Zaldy and Anwar Sr. were classified under the second class of suspects, who had prior knowledge of the murder plot but were not at the crime scene.

The ruling noted that while they did not participate in the actual killings, their actions still “had for their purpose the attainment of their common objective of committing the unlawful act.”

Also under this group were Chief Insp. Sukarno Adil Dicay, Supt. Abusama Mundas Maguid and Supt. Bahnarin Kamaong, who were all holding top police posts in Maguindanao at the time of the massacre.

The 13 other suspects convicted of multiple murder fall under the fourth class, who had no prior knowledge of the murder plot but were proven to be actual assailants.

They include Tato Tampogao, Mohades Ampatuan, Mohamad Datumanong, Misuari Ampatuan, Taya Bangkulat, Salik Bangkulat, Thong Guiamano, Sonny Pindi, Armando Ambalgan, Kudza Masukat Uguia, Edres Kasan, Zacaria Akil and Samaon Andatuan.

Sajid Islam and Akmad Tato were part of the third class, or those who were aware of the murder plot but did not perform any overt act. They were acquitted on the basis of reasonable doubt.

Accessory to the crime

Meanwhile, 15 of the accused were convicted of the lesser crime of accessory to the murder as it was proven that they committed overt acts related to the massacre even as they were not aware of the murder plot.

They include police officers who manned the checkpoint where the victims were halted prior to being killed, and Bong Andal who operated the backhoe that dug the huge hole where the victims were hastily buried.

“The prosecution posits that the aforesaid accused should be made liable for they conspired with the principal accused and had played an indispensable role in the abduction of the Mangudadatu convoy,” read the decision.

“The court is not convinced… However, as police officers, they are not only mandated to maintain peace and order but ensure public safety as well,” it added, noting that they were mandated to report the incident after the victims were abducted.

Meanwhile, the remaining 54 acquitted were found totally innocent, as they had no prior knowledge of the murder plot or were identified to have been at the crime scene.

“Well-settled is the rule that conviction must be made on the strength of the prosecution and not on the weakness of the defense. Conviction based merely on speculation and conjecture cannot satisfy the question of evidence required for a pronouncement of guilt,” read the decision.

“The court is likewise not convinced that the accused mentioned under this category had conspired with the principal accused. No convincing evidence to this effect was presented in court,” it added.

A crosscheck of the dispositive portion of the ruling with court records revealed several discrepancies.

For instance, the name of Bahnarin Kamaong appears twice, one on conviction and another on acquittal, although the latter mistakenly identified him with the rank of inspector instead of superintendent.

Also acquitted were PO1 Tamano Hadi and Datutulon Esmail, but court records officially refer to them as PO1 Tamano Sahibal and Datutulon Esmail.

Suspect PO1 Ysmael Baraquir was also included in the list of those acquitted even as he remains at large and has yet to be arraigned.

Three of the 101 suspects supposedly covered by the promulgation were not mentioned in the dispositive portion of the ruling: SPO2 Badawi Bakal, PO1 Abdulnayan Mundas and SPO2 George Labayan.

While not in the dispositive portion, Labayan was grouped under the sixth class of suspects, or those considered innocent.

All in all, there were only 99 names in the list of accused in the dispositive portion, including the double entry for Kamaong.