2 Ampatuans, over 50 others acquitted; judge explains why

MANILA, Philippines — Fewer than half of the 101 suspects who stood trial for the Maguindanao massacre were convicted for the Nov. 23, 2009 bloodbath that claimed the lives of 58 people, including 32 media workers.

Judge Jocelyn Solis-Reyes of the Quezon City Regional Trial Court Branch 221 acquitted 56 suspects, including former mayor Sajid Islam Ampatuan and his brother-in-law Akmad “Tato” Ampatuan.

Of the 54 other suspects cleared, most  were police officers deemed “totally innocent” of the crimes charged.

In explaining the acquittal of the two Ampatuans, Reyes noted that while they were aware of the murder plot, the prosecution failed to present evidence that would prove that they committed an overt act.

No one testified that they were present at the crime scene at the time of the massacre.

The judge noted that Sajid Islam’s presence at the meetings would not make him liable as a conspirator, saying he never uttered words of encouragement that would influence his brothers to carry out their plan.

His brothers include Andal Ampatuan Jr., Zaldy Ampatuan and father Anwar Ampatuan Sr., who were all convicted of 57 counts of murder.

“It must be kept in mind that conspiracy must be established by positive and conclusive evidence. It cannot be based on mere conjectures but must be established as a fact,” read the 761-page decision.

“It bears stressing that the burden lies not on the accused to prove his innocence but on the prosecution to prove his guilt beyond reasonable doubt. Thus, for failure of the prosecution to discharge its duty, this court has no other option except to exonerate him from the crimes charged,” it added.

In the case of Akmad, the judge said his mere presence at the meetings will not suffice to declare that he indeed conspired with the other Ampatuans to commit the crimes charged. 

She said his supposed words agreeing to kill the victims “do not necessarily mean that he pushed for the commission of the crime,” adding that his scheduled medical mission in Mamasapano on the day of the incident “will show that he did not cling to the agreed plot to kill.”

“There is no clear and convincing evidence that will show that accused had committed an overt act in furtherance of the agreed plan,” added Reyes.

Meanwhile, on the case of the 55 other suspects, the judge said they were neither aware of the murder plot nor identified to be at the crime scene during the incident.

As to the police officers, she noted their claim that they were not aware that the convoy that passed their checkpoints were that of the victims following their abduction. 

“It stands to reason therefore, that while they may have heard the bursts of gunfire after said convoy had passed, their failure to report the same or respond thereto should not be taken against them, given that burst of gunfires is considered a normal occurrence in their place, the peace and order situation being one of the major problems therein since time immemorial,” the decision read.

The judge said the court is not convinced that the suspects had conspired with the principal accused as there was no convincing evidence to this effect that was presented in court.

One of the suspects acquitted was Bahnarin Kamaong, whose name also appears among those who were convicted of 57 counts of murder.

Also acquitted was suspect Police Officer 1 Ysmael Baraquir, who is still at large.

Senior Police Officer 2 George Labayan – who was listed as among those who were “totally innocent”  – was not in the dispositive portion of the decision.

The judge has yet to clarify the supposed discrepancies.