Maguindanao Massacre: The Long Quest For Justice

On Dec. 19, 2019, Quezon City Regional Trial Court (RTC) Branch 221 Judge Jocelyn Solis-Reyes will hand down the verdict on the multiple murder cases filed in connection with the Nov. 23, 2009 Maguindanao massacre.

Here are the highlights of the decade-long trial:

2009

November

On Nov. 23, 58 people were murdered in Sitio Masalay in Ampatuan town, Maguindanao.

The victims – led by Genalin Mangudadatu, wife of then Buluan vice mayor and now Maguindanao Rep. Esmael Mangudadatu – were en route to the provincial capitol in Shariff Aguak when they were stopped and brutally killed by more than 100 men.

Genalin, accompanied by female relatives and supporters, was supposed to file the certificate of candidacy (COC) of her husband, who was set to challenge a scion of the powerful Ampatuan clan for the gubernatorial post.

Killed along with Genalin were Esmael’s sisters Bai Eden Gaguil Mangudadatu and Bai Farinah Mangudadatu Hassan, as well as relatives Rowena Ante Mangudadatu, Surayyda Gaguil Bernan, Wahida Ali Kalim, Mamotabai Mangudadatu, Raida Abdul Sapalon and Faridah Sabdullah Gaguil.

The Mangudadatus' supporters who were killed include Pinky Balayman, Lailani Balayman, Eugene Demillo Pamansag, Abdillah Ayada, Rahima Palawan and Meriam Calimbol.

Also part of the convoy were lawyers Concepcion Jayme-Brizuela, Cynthia Oquendo-Ayon and her father Catalino Oquendo Jr., as well as van drivers Norton Edza Ebus and Razul Daud Bulilo.

Six victims were mistaken to be part of the convoy: couple Eduardo and Cecille Lechonsito, Mercy Palabrica, Daryll delos Reyes, Wilhelm Palabrica and Anthony Ridao.

But the bulk of the victims were media practitioners who joined the convoy to cover the filing of Esmael’s COC.

They were Alejandro “Bong” Reblando (Manila Bulletin), Andres Teodoro (Central Mindanao Inquirer), Arturo Betia (Periodico Ini), Benjie Adolfo (Gold Star Daily), Bienvenido Legarte Jr. (Prontiera News), Daniel Tiamson (UNTV), Ernesto “Bart” Maravilla (Bombo Radyo), Fernando Razon (Periodico Ini), Francisco “Ian” Subang (Socsargen Today), Gina Dela Cruz (Saksi News), Hannibal Cachuela (Punto News), Henry Araneta (DZRH), Jepon Cadagdagon (Saksi News), Jhoy Duhay (Gold Star Daily), Joel Parcon (Prontiera News) and John Caniban (Periodico Ini).

Also dead were Jolito Evardo (UNTV), Lea Dalmacio (Socsargen News), Lindo Lupogan (Mindanao Daily Gazette), Marife “Neneng” Montaño (Saksi News and DXCI), Marites Cablitas (News Focus and DXDX), Mark Gilbert Arriola (UNTV), Napoleon Salaysay (Mindanao Gazette), Noel Decina (Periodico Ini), Rey Merisco (Periodico Ini), Reynaldo Momay (Midland Review), Romeo Jimmy Cabillo (Midland Review), Ronie Perante (Gold Star Daily), Rosell Morales (News Focus), Rubello Bataluna (Gold Star Daily), Santos Gatchalian (DXGO) and Victor Nuñez (UNTV).

Dubbed as the single worst case of journalist killings in the world, the Maguindanao massacre has cemented the Philippines’ status as one of the worst places for journalists globally.

The incident triggered a series of events, including the declaration of a state of emergency in Maguindanao, Sultan Kudarat and Cotabato City.

Datu Andal “Unsay” Ampatuan Jr., then Datu Unsay, Maguindanao mayor, underwent inquest proceedings at the General Santos City airport before being transported to Manila on Nov. 26.

December

On Dec. 1, the Cotabato RTC Branch 15 receives the first batch of information (25 cases) for multiple murder against Andal Ampatuan Jr., filed by the Department of Justice (DOJ) special prosecution panel led by Senior State Prosecutor Leo Dacera III on Nov. 27.

The Supreme Court assigns Tacurong RTC judge Melanio Guerrero as special judge to handle the case in Cotabato City.

On Dec. 3, the lawyers of Andal Jr. file a petition asking the court to allow him to post bail. The prosecution objects, triggering a years-long battle that would eventually result in the denial of the petition for the defendant’s temporary freedom.

The DOJ panel asks the Supreme Court to transfer the venue of the case to a court in Metro Manila. The Freedom Fund for Filipino Journalists and the National Union of Journalists of the Philippines also request the same on Dec. 7.

On Dec. 8, the Supreme Court allows the transfer of the case to Quezon City, where it is initially raffled to the sala of Judge Luisito Cortez, who refuses to handle the case.

After the re-raffle, the case goes to the RTC Branch 221 under Judge Solis-Reyes, who accepts the case.

2010

January

Andal Ampatuan Jr. is arraigned and pleads not guilty on the first 41 counts of murder filed against him in connection with Maguindanao massacre. He would be arraigned three more times in February 2010, July 2010 and May 2013 for the other 17 counts of murder.

The prosecution presents Ampatuan town vice mayor Rasul Sangki, who allegedly saw Andal Jr. order and lead the killing of at least 57 people on Nov. 23, 2009. Sangki testified that he was called to Barangay Masalay by Andal Jr. to participate in the killings.

Sangki is the first prosecution witness to testify on Andal Jr.’s presence at the massacre site.

The prosecution presents the videographer who took footage of the retrieval of the corpses and vehicles on Nov. 24 and 25, 2009.

Sangki's uncle, Mohammad, testifies. Mohammad’s testimony corroborates Rasul’s claim that Andal Jr. was among those who massacred the members of the Mangudadatu convoy including 32 media workers.

February

Dr. Ricardo Rodaje, a medico-legal officer at the National Bureau of Investigation, testifies in court that the perpetrators did intend to kill the victims. According to Rodaje, the autopsy he conducted on the body of Genalin Mangudadatu showed there was cruelty and treachery in the manner she was killed, judging from the bullet wounds and trajectory of the bullets.

Genalin sustained 17 bullet wounds, 16 of them fatal, Rodaje testified. Based on the bullet wounds, he explained that she was shot “no more than 24 inches away” with high-powered firearms. Although there was no sign that the victim was sexually assaulted, Rodaje said she suffered three wounds near the genital area, her groin and under her navel. From the appearance of the lesions, the doctor noted the wounds were inflicted on Genalin when she was still alive.

March

The case has yet to enter the trial proper because the Quezon City RTC has to hear the bail petition filed by the lawyers of Andal Ampatuan Jr.

The long lull is cut on March 19, when Judge Solis-Reyes denies the motion for recusation filed by the defense lawyers of Andal Jr. asking her to inhibit from hearing the case for her alleged bias, “ineptness and misconduct.”

Judge Solis-Reyes orders on March 24 the arrest of 189 accused named in the amended case informations and the continuing detention of Andal Ampatuan Sr., Zaldy Ampatuan, Akmad Tato Ampatuan, Anwar Ampatuan and Sajid Islam Ampatuan as well as alleged private army members Takpan Dilon and Esmael Canapia, after the court finds the “existence of probable cause” to hold 196 additional accused named in the 56 amended informations for trial on 56 counts of murder under Article 248 of the Revised Penal Code, as amended.

On March 26, two policemen who were supposed to be under restrictive custody in the Philippine National Police headquarters at Camp Crame are arrested on the strength of warrants issued by Judge Solis-Reyes.

In a March 27 report of The Philippine STAR, those arrested were identified as Superintendent Bahnarin Kamaong and Inspector Abdulgapor Abad. But Kamaong and Abad were unaccounted for during a check on the policemen who were supposed to be under “restrictive custody” at Camp Crame.

Alva told The STAR that the two were allowed to leave camp after “securing permission.”

Then PNP chief Jesus Versoza orders the Western Mindanao Directorate for Integrated Police Operations to form “tracker teams” to hunt down the defendants who are at large.

Meanwhile, the rebellion case filed against members of the Ampatuan clan is dismissed in a separate Quezon City court.

July

The case against police officer Johann Draper is dismissed for lack of probable cause, just months after the trial began at the Quezon City RTC Branch 221 under Judge Solis-Reyes.

2011

June

The Supreme Court allows live coverage of the Maguindanao massacre trial.

In a June 28 resolution, the Supreme Court en banc also granted the petition filed by the National Press Club of the Philippinesand Alyansa ng Filipino Mamamahayag to name Quezon City RTC Branch 221 “a special court” that should have no other duties but the trial of Maguindanao massacre cases.

Former Maguindanao governor and clan patriarch Andal Ampatuan Sr. pleads not guilty on the first 57 counts of murder filed against him. He would be arraigned on the 58th murder charge in May 2013.

August

Judge Solis-Reyes denies the bid of defendants Rex Ariel Diongon, Michael Macaraeg, Rainer Ebus and Mohammad Sangki to become state witnesses. Diongon is later allowed to testify for the prosecution, while the rest remain as defendants.

December

The Court of Appeals in Manila extends the freeze order it issued over assets and bank accounts of 28 Ampatuan clan members and their cohorts. It is the second time that the appellate court extended the freeze order it issued in June.

2012

February

Suspect Hernanie Decipulo dies after jumping off the rooftop of his detention facility at Camp Bagong Diwa in Taguig City.

September

The Department of Justice finds probable cause to file a 58th murder case in connection with the death of photojournalist Reynaldo Momay. The victim’s remains were never found, although a team led by a forensic expert from the Commission on Human Rights recovered parts of the photojournalist’s dentures at the crime scene.

June

The Supreme Court upholds the indictment of former Autonomous Region in Muslim Mindanao or ARMM governor Zaldy Ampatuan.

The Court of Appeals also denies Anwar Ampatuan’s 2011 motion for reconsideration over the dismissal of his petition for certiorari.

December

Zaldy Ampatuan, a former ARMM governor, files a petition for bail after pleading not guilty on the 58 counts of murder filed against him.

Photo set shows 27 of the 32 media workers killed in the Maguindanao massacre. Also killed in the Maguindanao massacre but not included in the photos above are journalists Alejandro “Bong” Reblando of Manila Bulletin, Daniel Tiamson and Mark Gilbert Arriola of UNTV, Henry Araneta of dzRH, and Jhoy Duhay of Gold Star Daily. Photos courtesy of the National Union of Journalists in the Philippines.

2013

February

Judge Solis-Reyes allows former Sultan sa Barongis vice mayor Sukarno Badal to be the first defendants to become a state witness. A former ally of the Ampatuans, Badal testified that he saw Andal Jr. shooting some of the massacre victims.

March

Prosecutors withdraw their request to turn alleged backhoe operator Bong Andal as a state witness, saying his testimony has already been covered by defendant-turned-state witness Sukarno Badal. Andal was allegedly the one who dug the graves of the victims in the massacre.

April

Judge Solis-Reyes junks a contempt charge filed against private prosecutor Nena Santos over her previous statements about the Maguindanao massacre. In January 2014, another judge would also dismiss for lack of merit another contempt charge filed by Andal Ampatuan Jr. against Santos.

May

Seventy-six defendants, including primary members of the Ampatuan clan, plead not guilty in the murder of photojournalist Reynaldo Momay.

The court disallows a separate trial for Zaldy Ampatuan, who argued that the joint proceedings would violate his right to speedy trial.

June

Former Maguindanao governor Andal Ampatuan Sr. and his sons Andal Jr. and Zaldy file bail petitions on the 58th murder case, which was filed in court only in 2012. Other suspects would later file similar bail pleas.

August

Five suspects, including Sajid Islam Ampatuan and Akmad “Tato” Ampatuan, plead not guilty on the 58 counts of murder filed against them. Sajid Islam and Akmad are the son and son-in-law, respectively, of clan patriarch Andal Ampatuan Sr.

October

Suspects Anwar “Ipi” Ampatuan Jr. and Anwar Sajid “Ulo” Ampatuan — grandsons of clan patriarch and former Maguindanao governor Andal Ampatuan Sr. — plead not guilty on the multiple murder charges filed against them.

November

Days before the fourth anniversary of the massacre, some relatives of the media victims file a communication before the United Nations Human Rights Committee seeking accountability over the supposed failure of the Philippine government to provide effective remedy and reparations to the victims.

2014

January

Judge Solis-Reyes frees Jun Aliman, a man mistakenly arrested as one of the suspects in the massacre.

February

Solis-Reyes allows another suspect to become a state witness. Esmael Canapia, a special Citizen Armed Forces Geographical Unit or CAFGU member, uniquely identified some of the suspects who allegedly took part in the massacre.

March

Four years since the start of the trial, the prosecution panel finally rests its case against Andal Ampatuan Jr. and 27 other suspects. It would take another three years for the court to rule on the bail petition of Andal Jr.

April

For the first time since the trial began, all detained massacre suspects are finally arraigned. Talembo Masukat, who claims to be a victim of mistaken identity, did not enter a plea during his arraignment.

August

Top defense lawyers withdraw from the case, with Andal Ampatuan Jr. claiming that their family no longer has money to pay for their services. Among those who later agree to take on the case are Ferdinand Topacio for Andal Sr. and now presidential spokesperson and Chief Presidential Legal Counsel Salvador Panelo for Andal Jr.

October

In two separate orders issued within two weeks, Solis-Reyes allows 41 police officers tagged in the massacre to post bail. However, only 10 of them are able to post the P11.6-million bond set by the court.

November

Solis-Reyes denies the bail petition of former Maguindanao provincial police chief Sukarno Adil Dicay, whom a witness identified as among those who attended the meeting where the massacre was supposedly planed.

December

Solis-Reyes denies the bail petition of Bahnarin Kamaong, former director of the regional mobile group of the Philippine National Police in the Autonomous Region in Muslim Mindanao.

2015

January

Solis-Reyes grants the bail petition of former Maguindanao officer-in-charge Sajid Islam Ampatuan. A son of clan patriarch Andal Ampatuan Sr., Islam is later released after posting the P11.6-million bail set by the court.

Islam unsuccessfully ran for mayor in the 2016 elections. He was later convicted by the Sandiganbayan of technical malversation, although he remains free pending the resolution of the appeal he filed on the ruling.

February

Suspect Datutuhon Esmael is allowed to post bail due to lack of sufficient evidence presented by the prosecution. However, he remained in detention due to the magnitude of the bail amount set by the court (P11.6 million). The bail petitions of 11 other suspects were denied.

April

Suspect Maot Dumla dies in detention on April 11 due to complications brought about by heart ailment.

Solis-Reyes denies the bail petition of former Maguindanao governor and clan patriarch Andal Ampatuan Sr. She cites the testimony of defendant-turned-state witness Sukarno Badal, who testified on the supposed participation of Andal Sr. in the planning and execution of the massacre.

July

Former Maguindanao governor and clan patriarch Andal Ampatuan Sr., 74, dies of liver cancer at the National Kidney Transplant Institute on July 17. Days before he died, he fell into a coma after suffering from a mild stroke.

The Supreme Court frees Datukan Malang Salibo, who was mistakenly arrested and was initially believed to be suspect Butukan Malang.

August

The prosecution panel rests its case against 54 suspects, including deceased clan patriarch Andal Ampatuan Sr., his son Anwar Ampatuan Sr. and son-in-law Akmad “Tato” Ampatuan.

September

Solis-Reyes denies bail for Zaldy Ampatuan, saying the prosecution panel was able to establish strong evidence of guilt against the defendant, which would warrant his continued detention. Three years later, the Supreme Court affirmed the denial of the bail petition.

October

Andal Ampatuan Jr. testifies during a hearing on his bail petition. He claims he was at the municipal hall in Datu Unsay town, where he was the mayor at the time, when the massacre happened.

November

The prosecution panel rests its case against 41 police officers accused of participating in the massacre.

December

Salvador Panelo quits as counsel for Andal Ampatuan Jr.

2016

January

Solis-Reyes denies the bail plea of siblings Anwar “Datu Ipi” Ampatuan Jr. and Anwar Sajid Ampatuan, grandchildren of deceased clan patriarch Andal Ampatuan Sr. Their appeals are later denied by the court.

April

Years after his initial bid to become a state witness was denied, suspect Rex Ariel Diongon is allowed by the court to become a state witness. He is the third suspect to be allowed to turn state witness, after Sukarno Badal and Esmael Canapia.

September

Suspect Moctar Daud dies of tuberculosis. He was previously allowed to be transferred to an isolation facility due to his illness.

Lawyer Raymond Fortun takes over as defense counsel for Andal Ampatuan Jr., replacing lead defense counsel Andres Manuel who replaced Salvador Panelo. The law firm of Fortun’s brother, Sigfrid, was the original counsel for the Ampatuans.

2017

May

The bail petition of Andal Ampatuan Jr. is denied. Solis-Reyes says the prosecution panel presented strong evidence against Ampatuan during the bail hearings. His appeal was later denied.

June

Defendants Kominie Inggo, Dexson Saptula and Abas Anongan are acquitted after the court grants their demurrer to evidence. In acquitting the suspects, Solis-Reyes cited lack of sufficient evidence presented by the prosecution.

November

Detained suspect Eduardo Ong dies of heart failure on Nov. 23, exactly eight years since the massacre.

2018

August

Zaldy Ampatuan is allowed to attend the wedding of his daughter, prompting condemnation from relatives of the massacre victims.

September

Two prosecution witnesses alleged that they were offered bribes in exchange for recanting their respective testimonies. This comes after another prosecution witness recanted his testimony that pinned suspect Andal Ampatuan Jr.

2019

January

Suspect Nasser Talib dies in detention.

August

The Maguindanao massacre trial formally ends with the submission of the case for decision on Aug. 20. Based on Supreme Court guidelines, Judge Solis-Reyes has 90 days to hand down the verdict — or a few days before the massacre’s 10th anniversary on Nov. 23, 2019.

September

Two more suspects die in detention. Macton Bilungan and Bensedick Alfonso were found unresponsive by fellow inmates on Sept. 1 and Sept. 17, respectively. They were declared dead on arrival at the Taguig Pateros District Hospital.

October

The cases against former Maguindanao governor Andal Ampatuan Sr. and seven other suspects who died while in detention are dismissed on Oct.14. Judge Solis-Reyes cited Article 89 of the Revised Penal Code that extinguishes the criminal liability of suspects if they die before the final judgment.

Zaldy Ampatuan is rushed to the Makati Medical Center on Oct. 21 after losing consciousness and suffering from weakness on his left side of the body and slurred speech. His lawyers later told the court that he had suffered a stroke, and was diagnosed with other illnesses including diabetes.

Solis-Reyes on Oct. 25 denies the request of Andal Ampatuan Jr. to reopen the trial.

Three days later, she sends a letter to the Supreme Court asking for more time to decide on the multiple murder case. The High Court grants her request and gives her until Dec. 20, 2019 to rule on the case.

November

In his memorandum submitted to the court, suspect Andal Ampatuan Jr. insists that there was no strong evidence against him despite several eyewitness accounts of his supposed participation in the massacre.

On Nov. 19, Solis-Reyes sets the promulgation of judgment today, Dec. 19 — a little over a decade since the massacre.

December

Two days before the promulgation of judgment, Solis-Reyes denies the request of Zaldy Ampatuan for his continued hospitalization. She orders his immediate return to his detention facility at Camp Bagong Diwa in Taguig City.

Further reading: Ampatuan Trial Watch by the Center for Media Freedom and Responsibility