Ampatuan Massacre

History/Background

In Maguindanao, on the southern island of Mindanao, 58 people—including 32

journalists—were shot and killed on November 23, 2009. Media advocates have joined the
families of the murdered in the ongoing fight for justice. The atrocity was the greatest mass
murder of journalists in history. Most of the deceased were traveling in a convoy to the local
office of the Commission on Elections to file Esmael "Toto" Mangudadatu's certificate of
candidacy for the provincial governor. He was competing against Datu Andal Ampatuan, Jr.,
also known as Unsay, the son of the then-governor, Andal Ampatuan, Sr., and the mayor of
Datu Unsay town at the time. Genalin Mangudadatu was in charge of the convoy that traveled
through a police checkpoint-manned area. The Philippine National Police (PNP) officers,
including P/CInsp, were accused of being involved in the killings. Sukarno Dicay, the 15th
Regional Mobile Group's commander at the time, was present, along with at least 60 other
police officers and several Ampatuan clan members.
The Ampatuans had ruled Maguindanao since that year. Andal Ampatuan Sr. originally
gained notoriety in 1986, right following the People Power Revolution, when President Corazon
Aquino named him Chief-of-Offices of Maganoy (now Shariff Aguak). Every locally elected
politician was replaced by officers-in-charge when Aquino won the 1986 revolution; however, in
the town of Maganoy, a different strategy was used, and the town's ailing mayor, Pinagayaw
Ampatuan, was replaced by his deputy mayor, Andal Ampatuan Sr.
The submission of Mangudadatu's certificate of candidacy was being covered by media
professionals and staff, many of whom were from General Santos City and Koronadal City.
Mangudadatu's wife, Genalin, would do this on his behalf. The incident served as an example of
the country's history of electoral violence. The Ampatuans were Maguindanao's dominant clan;
Andal Ampatuan Sr. served as the province's governor, and Andal Jr., also known as Datu
Unsay, was the mayor of Ampatuan town. Mangudadatu's obstacle was news, a topic that
interested the local population and the general public nationwide. The Ampatuans were
subsequently openly recognized by President Gloria Macapagal Arroyo as significant friends,
giving them significant political influence in national politics.
Datu Unsay was accused of killing someone. This required the prosecution to show not
only that the defendant killed the victims but also that he did so in a way to assure his impunity.
Treachery and the use of superior strength are components of the murder. The prosecution also
claimed there was a conspiracy, which meant that each defendant might be found guilty of the
violence carried out by the others if this claim was confirmed.

The reason why the victims were killed

Mangudadatu, who hails from a Mindanao political dynasty with significant power, ran to
stop the Ampatuans' 20-year dominance of Maguindanao. According to eyewitness testimonies,
the Ampatuan clan gathered multiple times to plan the murder of Mangudadatu. In his evidence,
Mangudadatu said that at least twice, on July 20, 2009, during meetings with then-Defense
Secretary Gilbert Teodoro and three weeks later, at a dinner with then-President Gloria
Macapagal Arroyo, the Ampatuans had directly requested that he abandon his political
aspirations. The influential Ampatuans were well-known allies of the former president in politics.
Mangudadatu declined the invitation. In his testimony, Badal claimed that Mangudadatu's initial
refusal to accede to the Ampatuans' demands was the catalyst for the assassination plot.

Theory of Prosecution/The side that tries to prove that a person accused of committing a
crime is guilty of that crime.

According to the prosecution, the Ampatuans carried out the massacre and began
organizing it in July, when Toto Mangudadatu declared his candidacy for governor in an effort to
challenge the Ampatuans' political hegemony over the province of Maguindanao. The
prosecution referred to the 1995 murder of Akas Paglala and his brother Omar while Akas was
en route to submit his certificate of candidacy for mayor of Maganoy town in the memorandum it
submitted at the conclusion of the trial. Zaldy Ampatuan, the suspect, was the son of Andal Sr.,
the mayor of Maganoy at the time. The Ampatuans continued to strengthen their control over
Maguindanao after the Paglalas decided not to press charges.
Witnesses for the prosecution testified in court that they overheard Mangudadatu's
murder plot being discussed months and days before the murder; saw Datu Unsay traveling to
Sitio Masalay, the scene of the massacre; saw him shoot at the victims himself; heard him
instruct others to bury the bodies;

Theory of the Defense/Combination of facts (beyond change) and law, which in common
sense and emotional way leads a jury to conclude a fellow citizen is wrongfully accused.
On the other hand, Andal Jr.'s attorneys argued that not enough evidence had been
provided to establish that Datu Unsay was responsible for the deaths of the 58 victims. The
bullets and weapons used in the massacre, as well as "trace evidence" like fingerprints,
footprints, gunshot residue, or DNA, that would have supported the testimony of the prosecution
witnesses, were not brought in court, according to a memorandum filed by Unsay's attorney.
The defense continued by pointing out that although the prosecution had witnesses who
observed the murder, they were "incentivized witnesses" who gave their testimony in return for
cash or favors or who were related to the Mangudadatus.
The defense claimed, as did the prosecution, that the case was politically motivated
because Mangudadatu was an enemy of the Ampatuans on the political scene and some of the
witnesses, such as the Sangkis, were not only connected to the Mangudadatus but also
belonged to political clans in Mindanao. Rasul Sangki, one of the prosecution's key witnesses,
was Ampatuan town's vice mayor at the time of the massacre; by 2019, he had been elected
town mayor.

Aftermath
President Gloria Macapagal Arroyo declared a state of martial law in Maguindanao
province on December 4, 2009, suspending the right to the writ of habeas corpus in the
process. According to Executive Secretary Eduardo Ermita, the decision was made to prevent
further "lawless" violence in the province and to clear the way for the quick arrest of the
massacre suspects. On the property, twenty militia members were detained. After the incident,
Special Forces Captain James Nicolas was able to locate additional high-powered weapons and
ammunition. During the same raid, law enforcement officials also found hundreds of voter
identification cards buried in the ground. On December 13, 2009, Maguindanao's martial law
was lifted.

Verdict
Judge Jocelyn Solis Reyes of Quezon City Regional Trial Court (RTC) Branch 221
rendered her decision in the matter on December 19, 2019, at a special court proceeding held
at Camp Bagong Diwa in Taguig. The Ampatuan brothers—Datu Andal Ampatuan Jr. and Zaldy
Ampatuan—were found guilty on 57 charges of murder and received a life sentence without the
possibility of parole in the judge's decision. A total of 28 co-accused, including police personnel,
were found guilty on 57 charges of murder and received 40 years in prison; an additional 15
received sentences ranging from 6 to 10 years for aiding and abetting. 55 other people,
including Datu Sajid Islam Ampatuan, the mayor of Shariff Saydona Mustapha, Maguindanao,
and the brother of Zaldy and Andal Jr., were found not guilty.

Conclusion

The press community has put much effort into keeping the case on the news radar.
Many media organizations have joined their campaigns, managing money for scholarships for
orphans and humanitarian aid for the victims' families. Since 2009, the UN-designated
International Day to End Impunity (IDEI) for Crimes Against Journalists has increased activities
every November, including candlelighting rituals, marches, and Masalay memorial services.
However, not just journalists and the relatives of the victims are concerned about the crime, the
trial, and its verdict. Every Filipino should recognize it as an illustration of the use of violence in
politics. Much of the news journalists deliver to the public comes from the same political arena.
The murder of journalists has long marred the history of assaults and threats against
press freedom in the Philippines, even without the 32 media victims in Ampatuan. Blood has
been spilled in far too many cases, and far too many violent offenders are not even prosecuted.
Therefore, it is crucial to hear the judgment on December 19. The people should be empowered
by the trial's lessons to put an end to impunity, alter the political climate, and alter the course of
our country's history.

Citations

(CMFR) AND FREEDOM FOR MEDIA, FREEDOM FOR ALL NETWORK, C. E. N. T. E. R. F. O.

R. M. E. D. I. A. F. R. E. E. D. O. M. A. N. D. R. E. S. P. O. N. S. I. B. I. L. I. T. Y. (2019,
December). The Ampatuan Massacre: Summary of Case Trial. Philippine Center for
Investigative Journalism. Retrieved November 16, 2022, from
https://pcij.org/article/3503/the-ampatuan-massacre-summary-of-case-trial

J, I. F. (2020, November 23). Philippines: 11 years after Ampatuan Massacre, impunity remains
rife / IFJ. International Federation of Journalists. Retrieved November 16, 2022, from
https://www.ifj.org/media-centre/news/detail/category/press-releases/article/philippines-11-years
-after-ampatuan-massacre-impunity-remains-rife.html
Mcdonald, J. (2020, January 3). The Ampatuan Massacre: A decade-long fight for Justice. –
The Diplomat. Retrieved November 16, 2022, from
https://thediplomat.com/2020/01/the-ampatuan-massacre-a-decade-long-fight-for-justice/

NEWS AGENCIES, A. J. (2019, December 19). Philippine court to reveal Maguindanao killings
verdict. Crime News | Al Jazeera. Retrieved November 16, 2022, from
https://www.aljazeera.com/news/2019/12/19/timeline-the-maguindanao-killings-and-the-struggle
-for-justice

Robles, R. (2021, November 23). Pacquiao backs an Ampatuan for governor 12 years after the
massacre. South China Morning Post. Retrieved November 16, 2022, from
https://www.scmp.com/week-asia/politics/article/3157096/12-years-after-ampatuan-massacre-m
anny-pacquiao-backs-clan