Maguindanao Massacre: Most Of The Ampatuans Are Guilty, But Why Are The Other Defendants Walking Free?

The families and relatives of the 57 victims of the Maguindanao massacre have mixed reactions to the verdict of Quezon City Regional Trial Court Branch 221 Judge Jocelyn Solis-Reyes on the case yesterday.

They were thankful for the conviction, but some said the accused should have been meted the death penalty to suffer the same fate as their loved ones. Capital punishment, however, has been abolished in the country.

And like those who watched the promulgation of the decision, they asked why many of the defendants were acquitted.

In a packed courtroom inside the Metro Manila District Jail Annex-2 at Camp Bagong Diwa in Taguig City, muted cheers could be heard as the verdict was read in what was once thought to be a trial that would last 200 years.

Twenty-eight defendants were found guilty beyond reasonable doubt of 57 counts of murder in connection with the Nov. 23, 2009 massacre.

Among the principal accused who were convicted 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 other police officers and alleged members of the clan’s private army who took part in the massacre.

The suspects were sentenced to reclusion perpetua — life in prison, or up to 40 years, less the time already spent in jail during the course of the decade-long trial.

They were also ordered to pay relatives of the victims P350,000 each in civil, moral, exemplary and temperate damages.

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

Lawyers of some of those convicted, including those of the Ampatuans, manifested that they would appeal the ruling.

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

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

Satisfaction over the decision 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, the 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.

Fifty-four other suspects were acquitted, mainly police officers whom Solis-Reyes explained were not identified at the crime scene and had no prior knowledge of the murder plot.

All suspects were also acquitted in the 58th murder case filed in connection with the death of photojournalist Reynaldo Momay, whose remains were never found.

‘The accused killed them’

In her 761-page decision, Solis-Reyes said the prosecution proved beyond reasonable doubt that the killing of 57 victims was planned prior to the massacre, therefore supporting the charge of murder.

 “The timeline proves beyond reasonable doubt that there were gatherings prior to November 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.

Part of the convoy were 32 media practitioners (31 without Momay) as well as six people mistaken by Andal Ampatuan Jr. and his henchmen 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 declared.

Solis-Reyes said the 101 suspects who stood trial could be placed under six classifications, depending on their knowledge of the murder plot and their acts in relation to the massacre.

It was established that 10 of the convicts fall under the first classification, or those who had prior knowledge of the murder plot and actually fired at the victims.

They are Andal Jr., Anwar Sajid, Anwar Jr., Insp. Saudi Mokamad, Police Officer 1 Jonathan Engid, Abedin Alamada, Talembo Masukat, Theng Sali, Manny Ampatuan and Nasser Esmael.

Eyewitness accounts proved that the 10 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 murders.

Meanwhile, five other suspects including Zaldy and Anwar Sr. were classified under the second class of suspects — those who had prior knowledge of the murder plot but performed other acts outside of the crime scene.

The ruling noted that while the five 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, Superintendent 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 classification — those who had no prior knowledge of the murder plot but were proven to be actual assailants.

They are 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, the 15 convicted as accessories were proven to have committed overt acts related to the massacre although they were not aware of the murder plot.

They include police officers who manned the checkpoint where the victims were stopped prior to being killed, and Bong Andal who operated the backhoe that dug the graves of the victims.

“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.

Solis-Reyes noted that the police officers were mandated not only to maintain peace and order and ensure public safety but also to report the incident after the victims were waylaid.

She ruled that the 54 other defendants who were acquitted were innocent as they neither had prior knowledge of the murder plot nor 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.

Discrepancies

A cross-check 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 accused who were supposedly covered by the promulgation were not mentioned in the dispositive portion of the ruling: Senior Police Offficer 2 Badawi Bakal, PO1 Abdulnayan Mundas and SPO2 George Labayan.

While not in the dispositive portion, Labayan was grouped under the sixth class of defendants, or those who were innocent.

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

Why were the 2 Ampatuans acquitted?

In explaining the acquittal of the two Ampatuans, Solis-Reyes noted that while they were aware of the murder plot, the prosecution failed to present evidence that would prove that they committed an overt act.

No one also testified that the two were present at the crime scene at the time of the massacre.

The judge noted that Sajid Islam’s presence at the clan’s meetings on the massacre would not make him liable as a conspirator, as he never uttered words of encouragement that would influence his brothers to carry out their plan.

“It must be kept in mind that conspiracy must be established by positive and conclusive evidence. It cannot be based on mere conjectures but must be established as a fact,” read the decision.

“It bears stressing that the burden lies not on the accused to prove his innocence but on the prosecution to prove his guilt beyond reasonable doubt.  Thus, for failure of the prosecution to discharge its duty, this court has no other option except to exonerate him from the crimes charged,” it added.

In the case of Akmad, the judge said his mere presence at the meetings would not suffice to declare that he conspired with the other Ampatuans to commit the killings.

Solis-Reyes ruled that Akmad’s supposed pronouncement agreeing to kill the victims “does not necessarily mean that he pushed for the commission of the crime,” adding that his scheduled medical mission in Mamasapano on the day of the incident “will show that he did not cling to the agreed plot to kill.”

“There is no clear and convincing evidence that will show that accused had committed an overt act in furtherance of the agreed plan,” Solis-Reyes added, referring to Akmad.

Meanwhile, on the case of the 54 other defendants, the judge said they were neither aware of the murder plot nor identified to be at the crime scene at the time of the incident.

Solis-Reyes gave credence to the acquitted police officers’ claim that they were unaware that the convoy that had passed through their checkpoint was that of the victims on the way to their execution. Even the ensuing gunfire was common in that area and tended to be ignored, the judge noted.

“It stands to reason therefore, that while they may have heard the burst of gunfire after said convoy had passed, their failure to report the same or respond thereto should not be taken against them, given that burst of gunfire is considered a normal occurrence in their place, the peace and order situation being one of the major problems therein since time immemorial,” Solis-Reyes declared.

The judge said no convincing evidence was presented to prove that the defendants had conspired with the principal accused.

Justice Secretary Menardo Guevarra said he is happy that justice has been served. He said the acquittal of some of the accused “is something that the prosecution has more or less anticipated.”

“We know from the beginning where our strength lies and where certain gaps in our evidence exist so this is something more or less expected,” Guevarra said. “We’re happy with the decision of the court. We trust that the judge has very extensively examined the evidence and we trust in her impartiality in her rendition of this very important judgment.”

Guevarra congratulated and thanked the government and private prosecutors for their effort in making sure that judgment would come and “the deaths of so many victims including members of the journalism profession will find their day of redemption.” 

Mixed reactions

Esmael Mangudadatu said he is thankful that most of the Ampatuans were convicted as principals in the crime. He said it is time to revive the death penalty.

Mangudadatu also recognized that the legal battle is not yet over as a conviction is automatically on appeal before higher courts.

Before the promulgation started, Mangudadatu said what the Ampatuans deserved was the death penalty. He alleged that they were involved not only in the massacre but also in several other killings, including those of politicians.

“Hindi lang Maguindanao massacre ang ginawa kundi mayroong mga nauna na dito, mayroong pagpatay sa mga politicians din. Sobra. Kung baga nilagay nila ang batas sa kanilang mga kamay at dapat mahinto na ’yan,” Mangudadatu said.

He also questioned why two of the Ampatuans were acquitted. 

Jergin dela Cruz Malabanan, daughter of slain journalist Gina dela Cruz, was thankful for the decision but also said she preferred to see brothers Andal Jr. and Zaldy face capital punishment. It was painful for her, she said, to see the bloodied and decomposing remains of her mother, and she wanted to see the Ampatuans suffer until they begged for mercy.

“Sobrang sakit sa amin kasi hindi madali na mawalan ng isang ina at makita mo ang ina mo na puno ng bala, duguan at na-aagnas na ’yung katawan niya.  Sobrang sakit mawalan ng ina, 15 years old lang ako nun,” Malabanan told reporters.

“Sa akin, sa amin, hindi sana (reclusion perpetua) kasi sa dami ng kanilang pinatay. Parang kulang ’yun para sa amin, pero may batas tayong sinusunod. Gusto ko bitayin, gusto ko pahirapan sila hanggang sa magmakaawa sila,” she said.

Malabanan said she wanted the Ampatuans killed in the same way that they butchered the massacre victims.

“’Yun ang gusto kong makita sa kanila para at least maranasan nila ’yung dinanas ng mga magulang namin,” she added.

Still, Malabanan said the conviction of the principal accused was the best Christmas gift for her family.

Masaya na ’yung mama ko kasi nabigay ko na, nabigyan na ng sentensya kahit hindi lahat convicted. Ipagpapatuloy ko pa rin po ang laban. Ma, ito na ’yung hustisya na hinihintay natin,” she said.

For her part, Noemi Parcon, widow of slain journalist Joel Parcon, said she was very happy over the verdict and she wanted to move on rather than dwell on the past.

“If we live (in) the past, walang mangyayari sa buhay natin. Although we have already moved forward, sa amin lang, we did not stop fighting for justice for them,” Noemi told reporters shortly after the promulgation.

“At least, masasabi kong rest in peace na ’yung souls nila. If wala pang justice talagang ang kaluluwa nila ay hindi matatahimik. Dahil dito, we are praying and hoping na soul nila ay matahimik na,” Parcon said. 

She disclosed that they would host a mass for the souls of their loved ones. — With Evelyn Macairan

Read the full verdict below: