Ched Rick Gatchalian

University of the Philippines (UP) Mass Communication students and members of the National Union of Journalists of the Philippines (NUJP) hold a protest and light candles to mark the 13th year of the Ampatuan Massacre in UP Diliman on November 23, 2022. The 2009 massacre is considered the worst political-related violence in the country which saw the killing of 58 people, 32 of whom were journalists, making it the single deadliest event for media workers worldwide. Jonathan Cellona, ABS-CBN News

Article (news)

SC upholds acquittal of ‘Tato’ Ampatuan, Sr. in Maguindanao massacre

Job Manahan

ABS-CBN News

MANILA – The Supreme Court has upheld the acquittal of Datu Akmad &quot;Tato&quot; Ampatuan Sr. in connection with the 2009 Maguindanao massacre, noting the absence of proof that he participated overtly in the crime.Datu Akmad is the nephew and son-in-law of the late Ampatuan patriarch Andal Sr. and was accused of conspiring with the other accused. He was the officer-in-charge vice governor of Maguindanao at the time.<div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/12/18/19/maguindanao-massacre-verdict-what-you-need-to-know">Maguindanao massacre verdict: What you need to know</a></div>In 2019, Quezon City Regional Trial Court Branch 221 acquitted Datu Akmad but the State – through the Office of the Solicitor General – filed a petition for certiorari with the Court of Appeals (CA), saying there was “grave abuse of discretion on the RTC for clearing him of all charges.” The CA dismissed the petition, saying the errors pointed out by the State were about the RTC decision’s merits, “which are improper in a petition for certiorari.”“In any case, the CA found the RTC ruling to be in accord with the evidence on record and prevailing jurisprudence on conspiracy,” the high court said, citing the CA decision.“It agreed that his mere presence in the meetings, even acquiescence to the plan, without an overt act in support of the criminal plot, does not make him liable as a conspirator. Thus, the CA held that the RTC correctly acquitted him of all charges,” the high court added.The Supreme Court also reiterated that Datu Akmad’s acquittal “was not based on alleged non-participation in the planning meeting but on the absence of the prosecution to prove an overt act.”<div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/12/19/19/list-qc-courts-verdict-on-maguindanao-massacre-suspects">LIST: QC court&#x27;s verdict on Maguindanao massacre suspects</a></div>Based on the decision promulgated in January but only made public recently, the magistrates said the prosecution was not able to prove that Datu Akmad &quot;exerted moral ascendancy over the conspirators as to move them to execute the conspiracy.”“While the RTC found that Datu Zaldy&#x27;s words elicited emotions, responses, and further actions, it was silent as to the effect of Datu Akmad&#x27;s utterances. Courts cannot rely on mere presumptions of moral ascendancy,” the decision read.“Even assuming that Datu Akmad could be deemed an accessory to the crimes, as the son-in-law of one of the principal accused, Datu Andal Sr., Article 2040 of the Revised Penal Code exempts him from liability,” it added.“This by no means signifies his innocence. Rather, the law acknowledges that blood ties and the preservation of one&#x27;s family name compels one to conceal crimes committed by relatives so near as those mentioned in the article,” it said.Five of the 7 Ampatuan family members who were tagged as masterminds of the Philippines&#x27; worst election-related violence that left 58 people dead were sentenced to reclusion perpetua. Some policemen who acted as the family&#x27;s gunmen were also sentenced to 6 to 10 years in prison.The Maguindanao massacre happened in 2009, when the Ampatuan family who were allied with then-President Gloria Macapagal Arroyo ruled the Autonomous Region in Muslim Mindanao.<div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/11/23/19/maguindanao-massacre-quest-for-justice-in-sight-but-still-out-of-reach">Maguindanao massacre: Quest for justice in sight but still out of reach</a></div>The victims were attacked while on a convoy en route to Shariff Aguak town where the certificate of candidacy of Ampatuan political rival and then-gubernatorial candidate Esmael &quot;Toto&quot; Mangudadatu would be filed.

The Supreme Court has upheld the acquittal of Datu Akmad "Tato" Ampatuan Sr. in connection with the 2009 Maguindanao massacre, noting the absence of proof that he participated overtly in the crime.

The Supreme Court has upheld the acquittal of Datu Akmad "Tato" Ampatuan Sr. in connection with the 2009 Maguindanao massacre, noting the absence of proof that he participated overtly in the crime.