3 Ampatuans appeal conviction for Maguindanao Massacre

January 3, 2020

Three members of the Ampatuan family have asked the Quezon City Regional Trial Court to reverse its earlier judgment finding them guilty for 57 counts of murders in connection with the 2009 Maguindanao Massacre.

Former Shariff Aguak, Maguindanao Mayor Anwar Ampatuan Sr. and his sons Anwar Jr. and Anwar Sajid filed on Thursday their respective motions for reconsideration through their lawyers.

In his 15-page motion for reconsideration, Anwar Sr. argued that Quezon City Regional Trial Court Branch 221 Judge Jocelyn Solis-Reyes committed an error when she convicted her for the massacre of 57 people, including journalists.

Anwar Sr. said the evidence presented against him was circumstantial and should not warrant a verdict of guilty beyond reasonable doubt.

“The trial court banked primarily on witness Sukarno Badal who claimed to be an eyewitness to the several meetings between the Ampatuans. In the first place, the statements were allegedly heard by a witness whose credibility is, at best, questionable,” he appealed.

Badal, former vice mayor of Sultan sa Barongis town, was one of three suspects allowed by the court to become state witnesses.

He identified those who took part in the meetings where the massacre was planned, including key members of the Ampatuan family.

Anwar Sr. – along with his sons Anwar Jr. and Anwar Sajid, and brothers Andal Jr. and Zaldy – were among 27 suspects convicted of multiple murder for the Nov. 23, 2009 bloodbath.

They were sentenced to reclusion perpetua, or up to 40 years in prison minus the time served in detention while the trial was ongoing.

In their 17-page joint motion for reconsideration, Anwar Jr. and Anwar Sajid also questioned the credibility of the testimony of Badal as among the basis for their conviction.

For instance, it noted his testimony that Anwar Jr. attended a meeting on Nov. 16, 2009 when records show that he was iin the United States at the time.

“His testimony should not be entitled to full faith and credit,” the motion read.

In her ruling promulgated last Dec. 19, Solis-Reyes convicted 27 people – including the five Ampatuans – for 57 counts of murder.

Fifteen others were convicted of being accessories to the crime, with a sentence of up to 10 years in prison less time spent in jail during trial.

Forty-six suspects, including two Ampatuans, were acquitted.

In deciding the case, Solis-Reyes grouped the suspects based on their knowledge of the murder plot and the acts they committed during the days of the massacre.

Anwar Jr. and Anwar Sajid, along with Andal Jr., were among those in the first group, or those who knew of the murder plot and actually participated in the killings.

Anwar Sr. and Zaldy were among those in the second group, or those who knew of the murder plot and committed overt acts that would still warrant their conviction.

In the case of Anwar Sr., he was alleged to have aided his brother Andal Jr. in escaping following the massacre.

Another convict, Jonathan Engid, also appealed the verdict on the basis of conflicting statements from the witnesses.

Other parties, including lawyers for Andal Jr. and Zaldy, have until today to file their respective appeals or clarifications to the Dec. 19 decision.DMS