Ampatuans to appeal conviction

MANILA, Philippines — The Maguindanao massacre case is far from over as members of the Ampatuan family convicted of mass murder vowed to appeal the decision that sentenced them to 40 years in prison.

Following the promulgation of the verdict on Thursday, defense lawyers immediately manifested that they would file the necessary pleadings to appeal the conviction of their clients on the 57 counts of murder filed against them.

Among those who confirmed that they would file motions for reconsideration were lawyer Paul Laguatan for former mayor Andal Ampatuan Jr. and lawyer Andre de Jesus for former governor Zaldy Ampatuan of the Autonomous Region in Muslim Mindanao.

Also planning to appeal the case was lawyer Jo Ellaine Collado, who represents Anwar Ampatuan Sr. and his sons Anwar Jr. and Anwar Sajid.

Lawyer Rogee Mayteen Espinosa, representing former police officer Jonathan Engid, also manifested that he would file the necessary pleading on behalf of his client.

The five Ampatuans and Engid were among the 28 suspects convicted on 57 counts of murder in connection with the Nov. 23, 2009 Maguindanao massacre.

They were sentenced to serve the penalty of reclusion perpetua without parole, or up to 40 years in prison less the time spent in jail during trial.

Quezon City Regional Trial Court Branch 221 Judge Jocelyn Solis-Reyes noted the manifestations of the lawyers.

None of the lawyers of the other convicts manifested that they would file an appeal, although every party is free to do so within 15 days after the promulgation.

Andal Jr., Zaldy and Anwar Sr. are sons of clan patriarch and former Maguindanao governor Andal Ampatuan Sr., who died in 2015 while in detention.

Solis-Reyes dismissed the criminal case against Andal Sr., citing Article 89 of the Revised Penal Code that extinguishes the criminal liability of suspects if they die before final judgment.

Meanwhile, among those acquitted were incumbent mayor Sajid Islam Ampatuan of Shariff Saydona Mustapha, Maguindanao who is also a son of Andal Sr. 

Out on bail since 2015, he did not attend the promulgation of judgment and was given until next week to explain why he should not be cited in contempt.

Also acquitted was Akmad “Tato” Ampatuan, son-in-law of the late clan patriarch.

In her ruling, Solis-Reyes noted that the two acquitted Ampatuans – while aware of the murder plot – did not perform overt acts that would warrant their conviction.

Aside from Sajid Islam and Akmad, 54 other accused were acquitted, although the list included Bahnarin Kamaong (who was also convicted as principal accused) and Ysmael Baraquir, who is still at large and never went to trial.

Fifteen suspects, including backhoe operator Bong Andal who dug the graves of the victims, were convicted for a lesser crime of accessory, which carries a penalty of up to 10 years and eight months in prison.

No ruling on 4 suspects

Following the promulgation, lawyer Abdulkalim Askali said he did not hear the name of his client, Senior Police Officer 2 Badawi Bakal.

Solis-Reyes noted that Bakal was in the list, although a review of the decision indeed showed that the suspect was not mentioned in the dispositive part of the ruling.

Further scrutiny of the decision revealed that three other suspects who were supposed to be covered by the decision were not mentioned: SPO2 George Labayan, PO1 Abdulbayan Mundas and Rakim Amil.

In the case of Bakal, his name was mentioned several times in 761-page ruling, particularly on the events that happened on the day of the massacre.

It was established that Bakal manned one of the checkpoints allegedly formed to stop the convoy led by Genalin Mangudadatu, wife of then Buluan town vice mayor and now Maguindanao Rep. Esmael Mangudadatu.

Mangudadatu’s wife and other female relatives and supporters were en route to the provincial capitol in Sharif Aguak to file on his behalf his certificate of candidacy for governor.

Thirty-two media workers joined the group to cover the filing.

Facts established during the trial noted that a murder plot was hatched to stop the filing of the certificate of candidacy as Mangudadatu would challenge the ruling Ampatuan clan.

Solis-Reyes said the convoy of the Mangudadatus did not pass the checkpoint manned by Bakal.

Other police officers who were with him at the checkpoint were among those acquitted by the judge.

Meanwhile, in the case of Labayan, his name was specifically included as among those who were “totally innocent” as they were not aware of the murder plot and were not specifically seen at the scene of the crime.

The dispositive part of the ruling even used the phrase “Labayan group” to refer to police officers who were with Labayan, but his name was not among those officially acquitted from the crime.

Meanwhile, Mundas is among the police officers under the so-called “Solano group” (after SPO1 Ali Solano), which manned one of the checkpoints where the convoy passed.

The judge acquitted them as “it is unrefuted that they were not aware who were the passengers of the convoy.”

Mundas’ name was not included in the dispositive portion of the ruling.

In the case of Amil, he was identified by suspect-turned-state witness Esmael Canapia as among those who remained at the site after the massacre to guard the backhoe being used to bury the victims.

He was not among those in the dispositive part of the ruling.

The court has yet to clarify the case of the four suspects.