Speech on 5th Year of Maguindanao Massacre

WE CANNOT LET MONSTERS WALK AMONG US November 23, 2014 Speech written for the Secretary of Justice on the fifth anniversary of the Maguindanao Massacre

Five years ago today, on November 23, 2009, what is arguably the most terrible crime against humanity in peacetime Philippine History took place in Ampatuan, Maguindanao. Fifty-eight (58) people, thirty-two (32) of them journalists, were waylaid by members of the Ampatuan clan and their army of police escorts and para-military goons. The Ampatuans herded the 58 human beings on a hilltop where a freshly dug mass grave was waiting.

While the victims cried, pleaded for their lives, and made last minute cellphone calls to loved ones, the Ampatuans and their goons sorted them out in batches and proceeded to execute them without mercy or remorse. The lifeless bodies, and the vehicles which bore them to their deadly destination, were scooped up with a backhoe that bore the name of the Ampatuans, and dumped into the mass grave. Few incidents since World War II bore such resemblance to a mass execution and interment of civilians.

What is now infamously known in world history as the Ampatuan, Maguindanao massacre continue to be prosecuted as the Criminal Cases of “People v. Andal Amaptuan Jr. et. al.” in Branch 221 of the Regional Trial Court Quezon City. The trial of the case started on January 5, 2010. Since then, a total of One Hundred Ninety Four (194) individuals were charged with Fifty Eight (58) counts of murder. One Hundred Ten (110) were arrested and detained while Eighty Four (84) remain at-large.

Eighteen (18) of the accused belong to the Ampatuan family. Among the Ampatuans, Eight (8) were arrested and continue to be in detention. Their names are the following: 1. ANDAL “UNSAY” AMPATUAN JR.

2. ANDAL AMPATUAN SR. 3. ZALDY “PUTI” AMPATUAN 4. AKMAD “TATO” AMPATUAN SR.

5. SAJID AMPATUAN

6. ANWAR AMPATUAN SR. 7. ANWAR “IPI” AMPATUAN

8. ANWAR SAJID “ULO” AMPATUAN

Nine (9) of the accused Ampatuans continue to be at-large as fugitives from justice and can and should be arrested on sight. They are the following:

1. KANOR AMPATUAN

2. BAHNARIN AMPATUAN

3. MAMA AMPATUAN

4. SAUDI AMPATUAN JR.

5. HARRIS AMPATUAN

6. MONING AMPATUAN 7. NORODIN “NORDS” DATUMANONG AMPATUAN

8. KAGI AMAR AMPATUAN

9. MOHAMAD D. AMPATUAN

Please remember their names, especially if you are a police officer or law enforcement agent.

They continue to taunt the State with their ability to evade arrest and prosecution. Having been charged for complicity in the Ampatuan Massacre, their detection and immediate arrest is, for all intents and purposes, a matter of national security.

All the Ampatuans who were arrested continue to be under detention, despite their petitions for bail. All these petitions, except for Unsay and Zaldy Ampatuan’s, were already submitted for the Court’s resolution.

Sixty-nine (69) of the accused in the Ampatuan Massacre are police officers and soldiers.

They are led by Police Chief Inspector Sukarno A. Dicay. Fifty seven (57) were arrested and detained while twelve (12) continue to be at large. The names of the PNP officials and soldiers who remain at-large are the following:

1. PO1 YSMAEL BARAQIR of the 1507th Maguindanao Provincial Mobile Group

2. PO1 ABBEY GUIADEM of the Datu Unsay MPS, Shariff Aguak, Maguindanao

3. PO1 EBAD MUSA

4. PO1 CADER DATUNOT

5. PO1 ALFIE PAGABANGAN

6. PO1 JONATHAN ENGID

7. PO1 DATU NOR KADIR

8. PO1 JOHARTO KAMINDAN

9. SGT. ABDULLAH KARIM FALCON

10. SGT. BANZAR MAULANA 11. SGT. ABDUL SOKOR ABDULLAH of the 64th Infantry Batallion – Philippine Army

12. SGT. ALNOR AMPATUAN

Please remember their names, especially if you are a police officer or law enforcement agent.

They should be arrested and held to answer for their complicity in the Ampatuan Massacre.

One Hundred Six (106) of the accused are the para-military goons of the Ampatuan clan.

Forty Four (44) were arrested and are in detention while Sixty Two (62) remain at large.

Seventy (70) of all the One Hundred Ten (110) accused under detention filed petitions for bail. In Sixty Three (63) of these petitions for bail, the prosecution already submitted its Formal Offer of Evidence. In the other Seven (7) petitions, no Formal Offer of Evidence has yet been submitted by the Prosecution because these petitions where belatedly filed. On the other hand, evidence presentation against Thirty Eight (38) of the accused who did not file any petition for bail is still on-going.

So far, the Prosecution has already presented One Hundred Forty Seven (147) witnesses consisting of direct eye-witnesses, medico-legal officers, SOCO Investigators, the private complainants, and others. The Prosecution has not formally rested its case against any of the accused, especially since the presentation of the evidence on the civil aspect by private complainants is yet to terminate. On the other hand, the Defense has so far presented only Fifteen (15) witnesses.

The bad news is that the petitions for bail of Forty One (41) police officers, members of the 1507th and 1508th Regional Mobile Group who set up the checkpoints that funneled the victims to their eventual execution, have been granted by the Trial Court. The court allowed

the said accused to post bail of P200,000 for every count of Murder against them or a total of P11.6 Million per accused for all the 58 counts of Murder. The Prosecution has already filed a Motion for the Reconsideration of the Order granting bail. However, considering that P11 Million is not an amount that can easily be on hand, especially for ordinary police officers, even if they collect the sum from contributions of families and relatives, I do not think we will see any of these 41 police officers walking out of detention anytime soon.

Another sad and tragic news is that impunity continues to characterize the Ampatuan Massacre even during its trial and legal proceedings. Earlier this week, potential witnesses Denniz Dakal and Sukarno Saudagal were ambushed in Maguindanao while they were about to meet state prosecutors to formalize their testimony. Sakal, who was killed instantly, was a driver for accused Andal Ampatuan, Sr.

Now, for the good news. First, the Trial Court has found the testimonies of the Prosecution witnesses credible and already denied the petition for bail of one of the masterminds of the massacre, PNP Deputy Provincial Director for the Maguindanao Police Provincial Office (MAGPPO) P/CINSP Sukarno Adil Dicay. The role of Dicay in the Massacre was instrumental, as testified to by the Prosecution witnesses.

During the meetings called by the Ampatuans on 16 November 2009 and 21 November 2009, witnesses testified that accused Dicay actively participated in the planning of the massacre, particularly on the installation of the checkpoints to flag down the Mangudadatu convoy, in order to kill them. Dicay, together with Unsay (Andal Jr.) Ampatuan, was also seen shooting the victims while the victims were lying prostrate on the ground.

The denial of the bail petition of accused Dicay is a victory for the prosecution because the denial meant that the prosecution was able to convince the Trial Court of the credibility of the testimonies of the prosecution witnesses that accused Dicay actively participated in the plan of the Ampatuans to kill the Mangudadatus. The participation of accused Dicay in the planning and execution of the crimes is pivotal in proving the criminal liability of the Ampatuans. With the Order denying bail, the prosecution had, in effect, established the connection of the massacre to the Ampatuans, who enlisted accused Dicay to help them.

While the Trial Court, in an Order dated 21 November 2014, said that it was not yet determining the guilt or innocence of accused Dicay, the prosecution is optimistic that the Court’s assessment of the credibility of the witnesses’ testimonies will mostly likely result into similar rulings on the bail petitions as well as main cases of the Ampatuans. The panel believes that if the Court found that accused Dicay planned the massacre with the Ampatuans, it will most likely rule against the Ampatuans, who were the principal movers in the plot to kill the Mangudadatus.

Let me emphasize this point. The denial of Dicay’s petition for bail is a landmark victory in the five-year trial of this case. The ruling of the Court is a window to the future prospects of

the trial and will offer insights to the Prosecution on how to proceed henceforth, with the end in view of securing convictions.

Another good news is the authority given by the Supreme Court to the Trial Court to hold separate trials of the accused and its appointment of a third Assisting Judge. The Resolution of the Supreme Court dated December 10, 2013 authorized the Presiding Judge Jocelyn Solis-Reyes to:

1. Hold separate trials for the accused where the circumstances show that both the prosecution and defense have rested their case and submitted the case for resolution;

2. Issue separate decisions or resolutions already ripe for resolution without waiting for the completion of the presentation of evidence for all the accused;

3. Resolve petitions, incidents and motions despite the pendency of these matters in higher courts; and

4. Determine which non-trial incidents, such as arraignments and pre-trials, should be handled by the Assisting Judge.

These modifications in criminal trial procedure made by the Supreme Court especially for the trial of the Ampatuan Massacre case are unprecedented in Philippine judicial history, mainly because the Massacre Case is unprecedented in itself. These additional options and authority granted to the Trial Court will significantly aid in the facilitation of the hearings and the issuance of resolutions, with the end in view of cutting down the expected normal time until a judgment is secured. Definitely, the “case of the century� will not take a century to finish, contrary to some exaggerated projections.

This trial, commensurate to the magnitude and extreme inhumanity of the crime committed, is unprecedented in its breadth and scope. The number of the accused alone, One Hundred Ninety Four, borders on the incomprehensible. There are Twenty Two (22) lawyers representing the accused, with each lawyer entitled to his or her own opportunity to crossexamine the 147 witnesses so far of the Prosecution. On top of this, the 194 accused, or at least the 110 undergoing trial at present, are each entitled to the presentation of their own witnesses, whose number we can only surmise to be in the same numbers as that of the Prosecution.

The Ampatuan Massacre Case is as complex as criminal cases can get. But its complexity is precisely the reason for the Supreme Court action to adopt special procedures for its expeditious resolution. Instead of being discouraged or defeated by its breadth and scope, the government, both from the executive and judiciary, have shown its resolve to overcome conventional limitations in legal procedure to come up with ways to expedite the trial, without however sacrificing or violating the constitutional rights of the accused.

On the part of the Prosecution, rest assured that I will continue to personally take charge of overseeing the government prosecution panel. My professional dedication to the prosecution of this case is deeply rooted in my personal experience of seeing the bodies of the victims, immediately after they were exhumed from the mass grave in Ampatuan, Mindanao.

My torment that day was unbearable. If my own emotions were unbearable five years ago on that hilltop in Maguindanao, I could only imagine that of the victims as they lay face down waiting for the gunshot that will end their life that fateful, evil day. I could only imagine the despair and frustration of their family as they sorted out the remains of their loved ones from the turned soil and torn weeds of that hilltop in Maguindanao.

As I said then and as I repeat now, the crime could have only been committed by monsters, and I for one cannot contemplate the cost to society if such monsters are allowed once again to walk among us as free men. I cannot let this happen. We should not let this happen.

We cannot let monsters walk among us.