2019: From judgment to justice

• Published date: 31 December 2019
• Publication title: Philippines News agency

The year 2019 is one for the books for the Department of Justice which dispensed judgment over celebrated cases, a year that also saw an end, under the Duterte administration, to many glaring social injustices in the country.

It also saw the judiciary turning another page in its history under another Chief Justice and new magistrates.

Maguindanao massacre: an end to impunity

The saying 'Justice delayed is justice denied' seemed to be an exception for the Maguindanao massacre case as December saw the end of the 10-year elusive search for justice of the families of the 57 victims, including 32 journalists, killed in the Maguindanao massacre dubbed as the worst single attack against media workers in recent history.

In her long-awaited decision last December 19, the conviction of eight members of the Ampatuan clan and 20 others for 57 counts of murder by Judge Jocelyn Solis-Reyes of the Quezon City Regional Trial Court (RTC) Branch 221 served as an early Christmas present for the families of the victims.

Meted with the penalty of reclusion perpetua (up to 40 years imprisonment) without parole are former Autonomous Region in Muslim Mindanao Governor Zaldy Ampatuan, Datu Andal 'Unsay' Ampatuan Jr., Datu Anwar Sajid 'Datu Ulo' Ampatuan, Datu Anwar 'Datu Ipi' Ampatuan Jr., Insp. Saudi Mokamad, PO1 Jonathan Engid, Abedin Alamada, Talembo 'Tammy' Masukat, Theng P. Sali, Manny Ampatuan, Nasser Esmael, C/Insp. Sukarno Dicay, Supt. Abusama Mundas Maguid, and Supt. Bahnarin Kamaong.

Also found guilty were Datu Anwar Ampatuan Sr., Tato Tampogao, Mohades Ampatuan, Mohamad T. Datumanong, Misuari Ampatuan, Taya Bangkulat, Salik Bangkulat, Thong Guiamano, Sonny K. Pindi, Armando Ambalgan, Kudza Masukat Uguia, Edres Kasan, Zacaria P. Akil, and Samaon Andatuan.

Meanwhile, those sentenced to suffer the indeterminate penalty of imprisonment of six to 10 years for being accessories to the crime are P/Insp. Michael Joy Macaraeg, PO3 Felix Eñate, PO3 Abibudin Abdulgani, PO3 Rasid Anton, PO2 Hamad Nana, PO2 Saudi Pasutan, PO2 Saudiar Ulah, PO1 Esprilieto Lejarso, PO1 Narkuok Mascud, PO1 Pia Kamidon, PO1 Esmael Guialal, PO1 Arnulfo Soriano, PO1 Herich Amaba, P/SInsp. Abdulgapor Abad and Bong Andal.

Fifty-seven of those acquitted include several members of the Ampatuan clan. Solis-Reyes also ordered the accused to pay damages totaling to PHP130 million.

A total of 101 individuals faced the trial out of the initial 197 who were originally included in the indictment. Meanwhile, 117 were arrested while 80 remain at large. As the case dragged for 10 years, 11 of the accused were granted bail while 90 remained under detention.

Out of the 101, 57 accused including indigent litigants and policemen represented by the Public Attorney's Office were acquitted by the court.

Eight have already been discharged and/or released including Vice Mayor Sukarno Badal. Another eight have already died while the case is pending including former Gov. Datu Andal Ampatuan Sr.

"Their acts were deliberate and obviously in pursuance of their plan to kill Datu Toto or whoever will file his Certificate of Candidacy," the judge said of the principal accused.

The decision also stressed that they were "positively identified and seen by witnesses to have actually participated in the shooting of the 57 innocent victims."

The Maguindanao massacre took place on November 23, 2009 in Sitio Masalay, Buluan town in Maguindanao. The victims were part of a convoy on their way to file the certificate of candidacy in Shariff Aguak of Esmael "Toto" Mangudadatu.

While on their way, a private militia of roughly 200 armed men, intercepted the convoy and escorted them to Buluan town in Ampatuan where they were told to get off their vehicles and then shot point-blank.

Mangudadatu's sister and aunt who were both pregnant were among those brutally killed by the armed men.

Ortega murder case: A good turn

Prior to the Maguindanao massacre ruling, the government's crusade to bring justice to the killing of Palawan environmentalist Gerardo 'Gerry' Ortega took a positive turn as the Court of Appeals (CA) in November ordered the reinstatement of criminal charges...