MANILA, Philippines - Former Maguindanao governor Andal Ampatuan, his sons former Autonomous Region in Muslim Mindanao governor Zaldy Ampatuan and former Datu Unsay Mayor Andal Ampatuan Jr. and 75 other co-accused in the 2009 "Maguindanao Massacre" on Wednesday pleaded not guilty of the murder of photojournalist Reynaldo "Bebot" 'Momay, the 58th victim.
The remains of Momay – a photojournalist for the Midland Review, a local newspaper – were never found. A team led by a forensic expert from the Commission on Human Rights recovered parts of the photojournalist’s supposed dentures.
Momay’s daughter, Reynafe, claimed in her complaint that her father had called a colleague before the incident and said that he was in the van together with other media people.
The Justice Department, in its resolution, said that even “though Momay’s body was not found at the killing fields located at Barangay Salman, Ampatuan, Maguindanao, there is sufficient evidence that he was indeed part of the ill-fated convoy.â€
In her five-page order, Quezon City Regional Trial Court Branch 221 Judge Jocelyn Solis-Reyes said there was probable cause to support the charge against the 78 accused for the murder of Momay. The arraignment was done at the makeshift court in the Quezon City Jail-Annex building in Camp Bagong Diwa, Taguig.
In her order, Solis-Reyes also dismissed the 58th murder charge against Police Officer 1 Johann Draper, who was earlier released from detention after the court dropped for lack of merit the charges implicating him in the massacre.
She also ordered the issuance of another set of arrest warrants for the 92 suspects who have yet to be arrested by authorities.
The order came after the prosecution panel manifested that they will not withdraw the case filed for the death of Momay.
For his part, lawyer Harry Roque who represents the relatives of the massacre victims, said the arraignment of the 78 accused for the murder of Momay will serve as a precedent for future cases of enforced disappearance.
"Itong si Momay kung matatandaan ninyo ay hindi sinama doon sa orihinal na information dahil walang bangkay at apat na taon na pag antay para magkaroon pa lang ng pagkilala ng estado na biktima rin sila," said Roque.
"So sa amin po napakaimportante po ng pangyayari at ito po ay magiging precedent lalong-lalo ngayon meron tayong bagong krimen na enforced disappearance. Hindi na kinakailangan ng bangkay kung napakadami namang ibang ebidensya at least po ngayong araw ay nasustain 'yung existence ng probable cause, dalawang beses po 'yan. 'Yung public prosecutor po nagsabi na may probable cause at 'yung hukuman mismo dahil nagkaroon ng judicial determination of probable cause na nagsabi na meron ngangprobable cause. Eto po ay isang malaking pagwagi sa mga biktima at doon po sa advocay na kinakailangan naman kilalanin natin sa mga karapatan ng mga biktima ang nangyari po ngayon ay pagkilala na posible siya ay biktima at ito po kahit papaano ay nakakatulong po," he added.
Meanwhile, Maguindanao Governor Esmael Mangudadatu told reporters that he expected the accused to enter a plea of not guilty of Momay's murder.
"They will surely answer not guilty. 'Yan talaga sasabihin nila. Expected na namin 'yun. confident pa rin kami. Confident pa rin kami na mga darating na panahon kami pa rin ang mananalo," he said.