57 counts of murder filed vs Ampatuan, Sr., 196 others

MANILA (Updated 3:38 p.m.) – The Department of Justice filed Tuesday 57 counts of murder charges against former Maguindanao Governor Andal Ampatuan, Sr., and 196 others for their alleged involvement in the November 23, 2009 massacre.

No bail was recommended to the suspects.

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The justice department’s eight-man panel of investigators, headed by Senior State Prosecutor Leo Dacera, said during the day of the massacre it was clear that there was conspiracy to commit the crime.

"The confluence of events before and immediately after the massacre took place led us to conclude that Ampatuan, Sr., his son Autonomous Region in Muslim Mindanao (Armm) Governor Datu Zaldy "Puti" U. Ampatuan, Datu Akmad "Tato" Ampatuan, Sr., Datu Norodin Ampatuan and Datu Jimmy Ampatuan connived with the actual perpetrators," the resolution said.

Dacera said the amended murder charges were filed before the sala of Quezon City RTC Branch 221 Presiding Judge Jocelyn Solis-Reyes.

In indicting the Ampatuans, the prosecution said the evidence, proving that the accused were the ones who planned and executed the ambush against the Mangudadatu clan while on their way to the Commission on Elections (Comelec) in Cotabato City to file the certificate of candidacy (COC) for governor of Buluan, Maguindanao Vice Mayor Esmael "Toto" Mangudadatu, was strong.

Among the 57 victims, were the wife and two sisters of Mangudadatu.
Aside from Datu Unsay, Maguindanao Mayor Andal Ampatuan, Jr., who was earlier charged with 57 counts of murder, the witnesses also pointed to 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, Mogira Hadji Anggulat, Parido Zangkala Gogo, Jun Pendatun, Kagi Faizal and Sukarno Badal to have participated in the massacre.

"These respondents were plainly pinpointed as among those who fired their high-powered firearms which consequently ended the lives of their intended victims.

Positive identification of a person being implicated in a crime, when categorical, resounding, consistent and without any ill motive on the part of the eyewitnesses testifying on the matter, is given credence. Considering such positive identification of these respondents as direct participants in the commission of the crime of murder, they should be indicted," the resolution said.

The DOJ said that there were also evidence that would prove that some members of the Philippine National Police (PNP) and the Armed Forces of the Philippines (AFP) participated in the preparation and the commission of the crime.

"There is direct evidence that these respondents agreed to commit the crime. Their acts and the attendant circumstances surrounding the commission of the crime unveil a common aim that would make all of them co-principals in the crime committed. We can deduce from their communal conduct a common design, concerted action and concurrence of sentiments… All the conspirators are answerable as co-principals regardless of the extent or degree of their participation," the resolution said.

Ampatuan, Sr. is presently detained at Camp Panacan Hospital in Davao City while the other members of the Ampatuan clan, who were earlier arrested, are now detained at the PNP-Criminal Investigation and Detection Group (PNP-CIDG) Detention Center in General Santos City. (PNA/Sunnex)