57 counts of murder vs Ampatuan Sr., 196 others
The Department of Justice (DoJ) filed Tuesday 57 counts of murder against former Maguindanao Governor Andal Ampatuan Sr. and 196 others before the Quezon City Regional Trial Court, Branch 221, for their alleged participation in the massacre of 57 civilians, 30 of them journalists, last year.
The cases were consolidated with the ongoing case against Datu Unsay Mayor Andal Ampatuan Jr.
In a 78-page resolution, the prosecution panel led by Senior State Prosecutor Leo Dacera said the “confluence of events before and immediately after the massacre took place” led them to conclude that Ampatuan Sr., Autonomous Region in Muslim Mindanao Gov. Datu Zaldy Ampatuan, Datu Akmad Ampatuan Sr., Datu Norodin Ampatuan, and Datu Jimmy Ampatuan were also behind the gruesome massacre.
During the investigation, the prosecuting panel found out that the respondents conspired with each other to stop the convoy of the Mangudadatus, who were on their way to the regional office of the Commission on Elections (Comelec) in Cotabato City to file the certificate of candidacy of Esmael Mangudadatu for governor of Maguindanano.
Others charged include Datu Saudi Ampatuan Jr., Datu Anwar Ampatuan, Datu Kanor Ampatuan, Datu Bahnarin A. Ampatuan, Datu Mama Ampatuan, Datu Sajid Islam U. Ampatuan, Datu Ulo Ampatuan, Datu Ipi Ampatuan, Datu Harris Ampatuan, Datu Moning Ampatuan, Mogira Hadji Anggulat, Parido Zangkala Gogo, Kagi Faizal, Jun Pendatun, and Sukarno Badal.
“Some of these respondents were seen abducting the victims from their vehicles when they passed the makeshift “checkpoint” at Barangay Salman, Ampatuan, Maguindanao. Others repeatedly shot the hapless victims. As such, these respondents cannot just invoke the defense that they had nothing to do with the massacre based on their uncorroborated claims,” the resolution said.
The DoJ panel recommended their indictment, saying “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.”
Furthermore, investigation showed that some Philippine National Police (PNP) agents and Armed Forces of the Philippines (AFP) also participated in the brutal killings.
“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.”
Ampatuan Sr. and the 196 others are also respondents in a rebellion case that is linked to the massacre. They allegedly gathered a group to resist the government after Ampatuan Jr. was arrested.
The rebellion case is currently being heard by Judge Vivencio Baclig of Quezon City Regional Trial Court, Branch 77. (Mitch Arceo and Aaron Recuenco)




