AMPATUAN TRIAL UPDATE: Resolutions Pending
The investigation of the Nov. 23 murder of at least 57 persons has led to the filing of charges against Datu Andal “Unsay” Ampatuan Jr. and other members of the Ampatuan clan including their patriarch Andal Sr.
The Ampatuans, the leading political clan in Maguindanao province and in the Autonomous Region of Muslim Mindanao (ARMM), have held crucial positions, elective or otherwise, in the government for the past decade. The Ampatuans–who have run unopposed in Maguindanao for several elections–have built a powerful private army and have had a huge influence over other politicians in the region. They are also believed to be staunch political allies of Gloria Macapagal-Arroyo and have allegedly helped her win the 2007 presidential elections.
The Multiple Murder Case against Unsay
The testimonies of the witnesses and evidence gathered by the prosecution allege that Datu Unsay led almost 100 men in the abduction and killing last Nov. 23 of the members of the convoy led by the wife of his supposed rival for the Maguindanao gubernatorial race, Buluan town vice-mayor Esmael “Toto” Mangudadatu. The fatalities include 32 journalists and media workers who were on their way to cover the filing of Mangudadatu’s Certificate of Candidacy at the regional Comelec office based in Shariff Aguak.
By Dec. 1—five days after Unsay’s Inquest—the Department of Justice (DOJ) prosecution panel led by Senior State Prosecutor Leo Dacera had filed 25 counts of murder before the Regional Trial Court (RTC) of Cotabato City Branch 15. At that time only 25 autopsy reports had been issued by the authorities. Prosecutors Dacera, Al Calica, Velasco, XXX and XXX composed the prosecution panel assigned by the Department of Justice’s Agnes Devanadera to process the Inquest papers against Unsay. Unsay underwent Inquest proceedings on November 26 after his surrender to Peace Adviser Jesus Dureza.
A judge from Tacurong City, Sultan Kudarat has been designated by the Supreme Court (SC) to handle the case. But the prosecution felt it necessary to ask the Supreme Court to transfer the case to a court in Metro Manila because of possible threats to the life of the witnesses and the prosecutors.
The Freedom Fund for Filipino Journalists (FFFJ) and the National Union of Journalists of the Philippines also filed for change of venue.
The Supreme Court on Dec. 7 acted on the prosecution’s petition and ordered the transfer of the case to RTC Quezon City. After the controversial refusal of the first judge the case was raffled to, the case is now with Judge Jocelyn Solis-Reyes of Branch 221.
Judge Reyes is currently hearing the petition for bail filed by the lawyers of Unsay. Unsay was the only one named in the first 56 Informations (Criminal Cases no. Q-09-162148 to 162172, 162216 to 162231 and 162652 to 162666 People of the Philippines vs. Andal “Unsay” Ampatuan Jr. and John Does). Unsay has been under the custody of the National Bureau of Investigation since November 26, 2009. (Only 56 Informations were filed as the identity of one cadaver—that of UNTV’s Victor Nuñez—had earlier been contested.)
The prosecution panel has presented a total of eight witnesses including Vice Mayor Mangudadatu, Ampatuan town Vice Mayor Rasul Sangki, his uncle Mohammad Sangki and NBI director Ricardo Diaz.
Additional Perpetrators Named
A day before the sixth hearing on the petition for bail filed by Unsay, the Department of Justice special panel of prosecutors in Manila led by Prosecutor Rosanne Elepano-Balauag filed amended Informations for multiple murder against 197 others including Unsay and several police and military officers for the Maguindanao incident.
The Amended Informations stemmed from the amended complaint filed by the National Bureau of Investigation and the complaint filed by the Philippine National Police’s Criminal Investigation and Detection Group before the DOJ Manila panel last December 2009. The first preliminary hearing was held on December 18. (please see timeline)
The 196 persons charged with Ampatuan Jr. include: Datu Andal Ampatuan, Sr.; Datu Zaldy “Puti” U. Ampatuan; Datu Akmad “Tato” Ampatuan, Sr.; Datu Jimmy Ampatuan; Datu Kanor Ampatuan; Datu Bahnarin A. Ampatuan; Datu Mama Ampatuan; Datu Sajid Islam U. Ampatuan; Datu Anwar Ampatuan; Datu Saudi Ampatuan, Jr.; Datu Ulo Ampatuan; Datu Ipi Ampatuan; Datu Harris Ampatuan; Datu Moning Ampatuan; Datu Norodin “Nords” Datumanong Ampatuan; P/Chief Insp. Zukarno/Sukarno A. Dicay; P/Insp. Rex Ariel T. Diongon; P/Insp. Michael Joy Macaraeg; and P/Insp. Saudi M. Mokamad/Mukamad.
In its Joint Resolution dated February 5, the panel said evidence on record showed the existence of a conspiracy.
“The confluence of events before and immediately after the commission of the offense leads us to no other inference than respondents Andal U. Ampatuan Sr., Datu Zaldy “Puti” U. Ampatuan, Datu Akmad “Tato” Ampatuan Sr., Datu Norodin Ampatuan and Datu Jimmy Ampatuan connived with the actual perpetartors.” (According to Article 8 of the Revised Penal Code, conspiracy “exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.”)
The panel also said it was “appalling that there is viable evidence to prove that some members of the (PNP) and (AFP), organizations whose primary task is to ensure a more effective, sustained and successful campaign against criminality, dipped their fingers in the preparation and subsequent consummation of the despicable killing of the victims.”
Andal Sr., Zaldy, and other Ampatuans accused are detained in General Santos City and Davao City after being charged with rebellion in December 2009.
Deferment of Bail Proceedings
The filing of the Amended Informations has led to an unforeseen development in the trial against Unsay—the deferment of the hearing on the bail petition of Unsay.
Before the court proceeded with the presentation of prosecution witnesses last February 10, defense lawyer Sigfrid Fortun asked the court for a sidebar to discuss his proposition to postpone the presentation of witnesses that day and on the next scheduled hearing date (February 17) to give way to the consolidation of the amended informations on the ongoing multiple murder case against Unsay and several John Does. After the sidebar, both the prosecution and defense panels agreed to resume the bail proceedings on February 24. (A sidebar is an off-the-record conference with the presiding judge and the counsels of both parties, in this case, the prosecution and defense.)
On the same day, the defense filed five motions before the court: (1) a motion for recusation, asking Judge Reyes to inhibit herself from hearing the case because of her alleged bias against accused Unsay and for “committing serious misconduct in disregarding simple evidentiary rules” and (2) four motions to issue show cause orders to some members of the prosecution panel claiming their appearance in several media shows and publications constitute a violation of the sub-judice rule. (The sub- judice rule prohibits the airing or publication of views and information tending to influence the outcome of a hearing or trial.)
Other Developments
A witness, Police Officer Anwar Masukat, issued a recantation on January 13. In his recantation—which was presented by defense lawyer Philip Pantojan in Davao City as the bail hearing was ongoing in Manila—Masukat said he was forced by the PNP-CIDG into signing his December 12 affidavit. GMANews.TV in its January 20 report quoted him as saying: “Realizing that the affidavit did not contain my truthful statement, I adamantly refused to sign it. It was then that (SPO2 Larry Diaz) and (lawyer Armando Fabros) told me that murder cases will be filed against me and that they could not prevent that from happening unless I sign the counter-affidavit they had prepared and willfully falsify statements.” (“DOJ: Cop’s recantation in massacre case no big loss”, http://www.gmanews.tv/story/182020/doj-cops-recantation-in-massacre-case-no-big-loss)
The Freedom Fund for Filipino Journalists (FFFJ) has asked the PNP to explain why Masukat, who was supposedly under restrictive custody in Camp Crame, was able to go to Davao City and issue a recantation. The PNP had announced earlier that all personnel allegedly involved in the murder are under restrictive custody.
“It is disturbing that the PNP, already taking much of the negative publicity because many of its officers and personnel allegedly took part in said massacre, appears unable to keep track of the whereabouts of its men. Worse, the PNP’s inaction indicates it is either helpless and cannot hold its men accountable for their actions or that it is part of what appears to be an attempt to whitewash the whole matter,” FFFJ wrote in its letter dated February 5.
“Adding to the irregularities surrounding this incident is the fact that the affidavit was not executed before any member of the DOJ panel of prosecutors before whom the complaints against PO1 Masukat are pending.”
The prosecution also filed a motion to cite Pantojan in contempt. The prosecution in its motion said Pantojan’s presentation of the recantation of Masukat undermines the administration of justice.
Meanwhile, Center for International Law filed in behalf of some relatives of the media victims two petitions: one is before the Commission of Appointments and the other before the ASEAN Intergovernmental Human Rights Commission (AIHRC).
The fist petition filed on January 12 questioned the promotion of Major General Alfredo Cayton as Vice-Commander of the Philippine Army. In its 32-page petition, the relatives of the 13 media victims said Cayton “MISERABLY FAILED TO PREVENT the massacre of the journalists and innocent women WITHIN HIS AREA OF DIRECT RESPONSIBILITY.”
They also reasoned that the Commission on Appointments should deny the promotion because: “The security situation – and the lives of all the people on that ill-fated convoy – became his direct responsibility once he received the call from Manila Bulletin correspondent Alejandro “Bong” Reblando for security escorts. He could not wash his hands of that responsibility by a simple declaration that he had no men to send out. At the very least, he should have called the attention of his police counterparts about the security situation occasioned by the filing of the COC of Vice Mayor Mangudadatu in the heart of the bailiwick of the Ampatuans to coordinate a joint security cordon.”
On February 3, the Center for International Law also filed a preliminary petition for before the AIHRC asking it to “issue an urgent declaration calling on the Philippine State to abide with its obligations under international law and ensure the prosecution and conviction of the perpetrators of the massacre as well as the provision of adequate reparations, including compensation and satisfaction, to the victims and their heirs.”
The rebellion case against the Ampatuans on the other hand is still pending before the RTC Davao City. The prosecution has asked that the case be transferred to any court in Metro Manila.
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