By Jeffrey Damicog
Twenty-eight persons, including the three sons of late former Maguindanao Governor Andal Ampatuan Sr., were convicted on Thursday as principal accused in the death of 57 persons in the 2009 Maguindanao massacre.
In this photo provided by the Supreme Court - Public Information Office, jail guards stand next to a crowd of accused waiting the promulgation at the trial venue inside a prison facility at Camp Bagong Diwa, Taguig city, Philippines, Thursday, Dec. 19, 2019. A Philippine court will rule Thursday whether scions of a political clan and their gunmen are guilty of slaughtering 58 people, including 32 media workers, in an act of impunity that horrified the world. (Supreme Court - Public Information Office via AP)
In a 761-page partial consolidated decision, Judge Jocelyn Solis-Reyes of the Quezon City Regional Trial Court (RTC) Branch 221 stated that the prosecution “established the guilt beyond reasonable doubt” of the three Ampatuan brothers and 25 other accused.
“The court finds that the prosecution has proven beyond reasonable doubt that the killing of the 57 victims was planned prior to November 23, 2009. Both direct and corroborative evidence point toward this conclusion,” read the ruling penned by Reyes.
The case stemmed from the November 23, 2009 killings in Ampatuan, Maguindanao, where 58 persons died, including 32 journalists.
Those killed were part of a convoy accompanying the group of then Buluan town Vice Mayor and now Maguindanao Rep. Esmael Mangudadatu to file his certificate of candidacy for the 2010 gubernatorial election.
The case is considered the worst media killing as well as worst election-related killing in Philippine history.
“The timeline proves beyond reasonable doubt that there were gatherings prior 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. The method had also been ascertained would be used to accomplish the murder objective,” read the decision.
The ruling
Thus, the magistrate ruled to have the 28 accused convicted with 57 counts of murder and “sentenced to suffer the penalty of imprisonment of reclusion perpetua without parole pursuant to R.A. 9346.”
Reclusion perpetua carries a maximum penalty of 40 years imprisonment.
Among those sentenced to suffer reclusion perpetua were the late Ampatuan patriarch’s sons –former Autonomous Region in Muslim Mindanao (ARMM) Governor Datu Zaldy Ampatuan, former Datu Unsay Mayor Datu Andal “Unsay” Ampatuan Jr., and former Shariff Aguak Mayor Datu Anwar Ampatuan Sr.
The Ampatuan patriarch was also named principal accused in the case but he died from liver cancer in July, 2015 while confined at the National Kidney and Transplant Institute in Quezon City.
The other principal accused convicted were Datu Anwar Sajid “Datu Ulo” Ampatuan, Datu Anwar “Datu Ipi” Ampatuan Jr., P/Inspector Saudi Mokamad, Police Officer 1 Jonathan Engid, Abedin Alamada, Talembo “Tammy” Masukat, Theng Sali, Manny Ampatuan, Nasser Esmael, Chief Inspector Sukarno Dicay, P/Supt. Abusama Mundas Maguid, P/Supt. Bahnarin Kamaong, Tato Tampogao, Mohades Ampatuan, Mohammad Datumanong, Misuari Ampatuan, Taya Bangkulat, Salik Bangkulat, Thong Guiamano, Sonny Pindi, Armando Ambalgan, Kudza Masukat, Edres Kasan, Zacaria Akli, and Samaon Andatuan.
Aside from the maximum penalty of 40 years imprisonment without parole, the 28 convicts were each ordered to pay each of the heirs of 54 victims P350,000 in damages and indemnities, aside from loss of earning capacity and actual damages sought by the families.
Reyes, who handed down her decision at the Quezon City Jail-Annex in Camp Bagong Diwa, Taguig City, also imposed an interest of six percent per annum for the amounts that were set for each of the heirs.
15 convicted as accessories
In the same ruling, the judge said the prosecution “established the guilt beyond reasonable doubt” of 15 accused “who are found to have acted as accessories.”
They are P/Inspector Michael Joy Macaraeg, PO3 Felix Enante, PO3 Abdullin Abdulgani, PO3 Rasid Anton, PO2 Hamad Nana, PO2 Saudi Pasutan, PO2 Saudiar Ulah, PO1 Esprilleto Lejarso, PO1 Narkuok Mascud, PO1 Pia Kamidon, PO1 Esmael Guialal, PO1 Arnulfo Soriano, PO1 Herich Amaba, P/Senior Inspector Andulgapor Abad, and Bong Andal.
Reyes ordered the 15 convicted policemen “to suffer the indeterminate penalty of imprisonment of 6 years of prison correctional as minimum to 10 years and 8 months of prison mayor as maximum.”
57 acquitted for reasonable doubt
On the other hand, Reyes acquitted “on the ground of reasonable doubt” the late Ampatuan patriarch’s son, Shariff Saydona Mustapha Mayor Sajid Islam Ampatuan, as well as his son-in-law Akmad Ampatruan Sr.
Also acquitted with them were 55 accused in the case.
“Accordingly, the Jail Warden of the Quezon City Jail-Annex is hereby ordered to immediately release the aforementioned accused unless they are being detained for some other lawful cause or causes,” ordered Reyes.
80 accused still at large
On the other hand, there are 80 accused who remain at large. Because of this, Reyes ordered the cases against them archived.
Among the accused, Sajid Islam Ampatuan and Macaraeg, both of whom were previously granted bail by the judge, failed to attend the promulgation.
“Further, for the failure of the accused Michael Joy Macaraeg to appear in the conviction of judgment despite notice upon motion, let a warrant of arrest be issued in the same,” said Reyes in her separate order.
“In so far as accused Datu Sajid Islam Ampatuan is concerned, he is hereby given five days from today to explain why he should not be cited for contempt of court for failing to appear despite notice,” she also ordered.
While 58 were killed, Reyes’s ruling concerns only 57 counts of murder that were filed before the RTC in 2009. The magistrate has yet to rule on the murder case of photojournalist Reynaldo Momay as his body has not been recovered. Only his identification card and dentures were found.
READ MORE: LIST: Names of convicted and acquitted in the 2009 Maguindanao massacre case
Verdict hailed
President Duterte welcomed and respected the decision rendered by a Quezon City court on the decade-long Maguindanao massacre.
“He (Duterte) welcomes that decision. What is important to this, President being a lawyer, is that the rule of law will always prevail. We cannot be ruled by a lynch mob,” Presidential spokesman Salvador Panelo said.
Senators and congressmen hailed the verdict.
“This decision restores faith in the justice system,” Senator Joel Villanueva said in a statement.
“I salute Judge Jocelyn Solis Reyes for her dedication and her courage to stand for what is right and just,” Villanueva further said.
“The world has waited 10 long years, and finally, we have taken the first step towards healing, accountability and justice. But this is not where the road to justice ends,” Sen. Risa Hontiveros said.
“Now, we must ensure the success of the BARMM and that the Philippines stops becoming a dangerous place for members of the press, or for anyone exercising their democratic rights,” she said.
“While it took several years to arrive at a verdict, the attainment of justice shows that faith and vigilance in the judicial system is a primordial norm of a civilized society,” Sen. Francis Tolentino said.
“While the penalty may be wanting for some, lets us hope that this will never happen again,” he added.
“Those behind the daily killings in the brutal drug war launched by this administration should take today’s Ampatuan massacre guilty verdict to heart,” Sen. Francis “Kiko” Pangilinan said.
“This day will forever be etched in history as the day justice did not tolerate homicidal and monstrous abuse of power. By means of this guilty verdict, we are reminded that warlords have no place in a democracy, but are its very anti-thesis,” detained Sen. Leila De Lima said.
“Judge Reyes will be remembered for how she tirelessly weighed and appreciated the facts, which led to the conviction of the Maguindanao mass murderers,” she added.
“We stand with the families of the victims and support groups for their fortitude. The case is proof that no one can escape the long arm of the law. Let us continue to be vigilant to see through this case to its final judgment,” said Sen. Grace Poe, who also hailed the court for “siding with truth.”
“I empathize with the families of the 58 individuals, including 32 journalists, who had to endure mental anguish for 10 long years after their loved ones were brutally murdered. I admire them for their strength and their faith. We continue to pray for peace in their hearts,” Sen. Sherwin Gatchalian said.
“Certainly, the mass killing is a test to the Philippine Justice System,” said Cavite Rep. Elpidio Barzaga, president of the National Unity Party.
Barzaga said there should be “recognition of the legal prowess, commitment, and bravery of Judge Reyes who took the responsibility of deciding the case despite the threat to her life and her family.”
However, the veteran lawmaker said the search for justice is not yet over, pointing out that after 3,678 days at least 80 accused individuals remain at-large.
“It is truly tragic but true that the Ampatuan massacre is emblematic of the dangers posed by private armies, militias, and paramilitaries and how it became one of the pillars of the reign of impunity in our country,” House Deputy Minority Leader Carlos Isagani Zarate said.
Rep. Eufemia Cullamat of Bayan Muna lamented the drawn out case notwithstanding the welcome verdict.
Rep. Nina Taduran of ACT-CIS Partylist, a former broadcast journalist, said justice for all the victims, including the 32 news media personnel, was finally served under the pen of Solis-Reyes.
“As we celebrate the bravery and wisdom of Judge Jocelyn Solis - Reyes, we must also continue to pray for her safety and the witnesses’ and families of the victims’ well-being,” said Taduran.
However, Taduran stressed that the 80 still at-large suspects should now be accounted for as they are still threats to the surviving victims, their familes, and witnesses.
Meanwhile, Rep. Alfredo Garbin of Ako Bicol Partylist said Congress must now do its part in putting an end to impunity in the country, especially those committed by private armies such as the Ampatuans.
“I see the need for much stronger voter education laws and programs, the eradication of private armies, confiscation of all loose firearms, stoppage of all sources of funds of lawless elements, and bans on criminals from any post in government,” said Garbin. (With reports from Argyll Geducos, Hannah Torregoza, Ben Rosario, Joseph Pedrajas and Marjaleen Ramos)
Read more: Maguindanao massacre