The Court of Appeals (CA) has stood pat on its June 14, 2021 decision that reversed the acquittal by the Quezon City regional trial court (RTC) of a police officer who was charged as an accessory in the 2009 Maguindanao massacre where 57 persons died, 32 of them journalists.
In a resolution promulgated last Feb. 21, the CA affirmed the conviction of Senior Police Officer 2 (SPO2) Badawi Bakal who was sentenced to a prison term ranging from four years and two months to 10 years in each of the 57 counts of murder.
Also affirmed was the CA’s order that found Bakal liable with those convicted as accessories on the payment of civil indemnity and damages to the heirs of the 57 victims.
The CA resolution, which denied Bakal’s motion for reconsideration, was written by Associate Justice Apolinario D. Bruselas Jr. and concurred in by Associate Justices Rafael Antonio M. Santos and Carlito B. Calpatura.
The CA ruled:
“A perusal of the motion of SPO2 Bakal discloses that he has not raised any new, substantial ground or reason that would call for either a reversal or modification of our decision.
“The arguments embodied in the motion have been amply discussed and passed upon when we rendered our decision. To discuss again the ratio decidendi (underlying reason or principle which justifies a court decision) of our decision would be to belabor the issues ad infinitum (without end or limit).
“WHEREFORE, we DENY the motion for reconsideration. IT IS SO ORDERED.”
In its 2021 decision on appeal filed by the Office of the Solicitor General (OSG) on Bakal’s acquittal, the CA said:
“Bakal’s actuations immediately after the commission of the crime demonstrate his liability as an accessory. The evidence adduced against him met the prerequisite quantum of proof of evidence of guilt as an accessory to the crime of murder, in 57 counts, beyond reasonable doubt.”
Twenty-eight persons, including the three sons of late former Maguindanao Gov. Andal Ampatuan Sr. -- the Ampatuan patriarch -- were convicted of murder of 57 persons.
Quezon City RTC Judge Jocelyn A. Solis Reyes in a decision promulgated on Dec. 19, 2029 ruled that “the prosecution has proven beyond reasonable doubt that the killing of the 57 victims was planned prior to November 23, 2009, and that both direct and corroborative evidence point toward this conclusion.”
Those sentenced to a maximum of 40 years in jail or reclusion perpetua were 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 due to liver cancer in July, 2015 while confined at the National Kidney and Transplant Institute in Quezon City.
The other principal accused who were convicted as principals 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.
Fifteen accused were convicted as accessories. They were 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.
It was not known immediately if those convicted, either as principals or accessories, have challenged their conviction before a higher court.
Fifty-six accused were acquitted on “reasonable doubt.” Among them were the late Ampatuan patriarch’s son, Shariff Saydona Mustapha, Mayor Sajid Islam Ampatuan, as well as his son-in-law Akmad Ampatuan Sr.
Those killed in the Maguindanao massacre were in a convoy with then Buluan town vice mayor Esmael Mangudadatu who was to file his certificate of candidacy for the 2010 gubernatorial election.