CA upholds conviction of cop in Maguindanao massacre

MANILA, Philippines — The Court of Appeals (CA) has affirmed its decision that reversed the acquittal of a police officer by the Quezon City Regional Trial Court (RTC) as an accessory in the Maguindanao massacre case.

In a two-page resolution dated Feb. 21, the CA’s former Special Sixth Division denied the motion for reconsideration filed by M/Sgt. Badawi Bakal and found him guilty as an accessory to 57 counts of murder. He was sentenced to up to 10 years in prison.

The decision was penned by Associate Justice Apolinario Bruselas Jr., with the concurrence of Associate Justices Rafael Antonio Santos and Carlito Calpatura.

The CA upheld its June 14, 2021 ruling after Bakal failed to present substantial evidence that would merit a reversal of the appellate court’s decision.

On Dec. 19, 2019, Quezon City RTC Branch 221 Judge Jocelyn Solis-Reyes acquitted Bakal in the massacre case.

In reversing the lower court’s decision, the CA gave weight to the testimonies of Esmael Canapia and Takpan Dilon who were brought to the Criminal Investigation and Detection Group office in Cotabato City two days after the massacre.

Canapia and Dilon said Bakal threatened them and warned them against divulging anything about what they witnessed during the massacre at Mount Masalay on Nov. 23, 2009.

The CA set aside the RTC’s ruling that acquitted Bakal and found that his actions demonstrated his liability as an accessory to the crime.

The appeals court ruled that the RTC committed grave abuse of discretion when it “turned a blind eye to the prosecution’s having clearly demonstrated the existence of evidence beyond reasonable doubt against Bakal.”

The Quezon City court found eight members of the Ampatuan clan and 26 other principal accused guilty of murder and sentenced them to life in prison without parole in 2019.