BY WILLIAM B. DEPASUPIL Reporter

The Department of Justice on Tuesday filed 57 counts of murder against the Ampatuan patriarch, former Gov. Andal Ampatuan Sr. of Maguindanao, his three sons and 192 others for their alleged involvement in the Maguindanao massacre that left 57 civilians dead, including a woman five months pregnant and 30 journalists.

A Justice department eight-man panel of prosecutors, headed by Senior State Prosecutor Leo Dacera, filed the amended multiple-murder charges before the sala of Judge Jocelyn Solis Reyes of Branch 221of the Regional Trial Court of Quezon City.

Charged along with Ampatuan Sr. were his three sons—Gov. Zaldy Ampatuan of the Autonomous Region in Muslim Mindanao (ARMM), Mayor Andal Ampatuan Jr. of Datu Unsay town in Maguindanao and Gov. Sajid Ampatuan of Maguindanao—11 other members of the clan, 62 policemen and four soldiers.

While Ampatuan Jr. has been included in the charge sheet, he had been formally charged in General Santos City. The Supreme Court later transferred the trial venue to Quezon City and assigned the case to the sala of Judge Reyes.

Ampatuan Jr. has pleaded not guilty to all 56 counts of murder filed against him. The 57th case was yet to be filed pending identification of the victim.

In a 78-page resolution, the Justice department said that based on evidence, it was clear that there was conspiracy among the Ampatuans and their co-accused to commit the mass killing.

“The confluence of events before and immediately after the massacre took place led us to conclude that Ampatuan Sr., his son Autonomous Region in Muslim Mindanao Gov. Datu Zaldy “Puti” U. Ampatuan, Datu Akmad “Tato” Ampatuan Sr., Datu Norodin Ampatuan and Datu Jimmy Ampatuan connived with the actual perpetrators,” the resolution said.

Bail denied
No bail was recommended for the suspects.

Also charged were Datu Kanor Ampatuan, Datu Bahnarin Ampatuan, Datu Mama Ampatuan, Datu Sajid Islam Ampatuan, Datu Anwar Ampatuan, Datu Saudi Ampatuan Jr., Datu Ulo Ampatuan, Datu Ipi Ampatuan, Datu Harris Ampatuan, Datu Moning Ampatuan, Mogira Hadji Anggulat, Parido Zangkala Gogo, Jun Pendatun, Kagi Faizal and Sukarno Badal.

Eyewitnesses pointed to them as among those who took part in murdering the 57 civilians on November 23, 2009 in Masalay sitio, Salman barangay (village) of Ampatuan town, Maguindanao province, in southern Mindanao.

“These respondents were plainly pinpointed as among those who fired their high-powered firearms which consequently ended the lives of their intended victims. 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,” the resolution said.

Direct evidence
According to the Justice department, there was also evidence that would prove that some members of the Philippine National Police and the Armed Forces of the Philippines participated in the preparation and the commission of the crime.

“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,” the resolution said.

The Ampatuans are detained in separate detention centers. Andal Jr. is being detained at the National Bureau of Investigation jail in Manila. Ampatuan Sr. is in Camp Panacan Hospital in Davao City, Zaldy is in Camp Lira in General Santos City, while the other Ampatuans are detained at Camp Siongco in Maguindanao.

The multiple-murder case was filed after investigating fiscals found ample evidence and grounds from testimonies of several witnesses supporting the allegation in the complaint filed by Vice Mayor Esmael “Toto” Mangudadatu of Buluan town, whose wife and two sisters were among those killed in the massacre.

The victims were on their way to the Maguindanao provincial capitol in Shariff Aguak to file Mangudadatu’s certificate of candidacy for governor of Maguindanao when they were blocked by armed men, allegedly led by Ampatuan Jr.

Ampatuan Sr. has been the governor of Maguindanao for most of the past decade, and known to be a close ally of President Gloria Arroyo.

He and Ampatuan Jr. had been members of the ruling coalition—Lakas-Kampi Christian Muslim Democrats—until they were expelled over the massacre.

Palace ally
The Arroyo administration supplied the Ampatuans with weapons and allowed them to run their own private armies in Maguindanao as part of a controversial strategy to contain a Muslim separatist rebellion in southern Philippines.

The Ampatuan and the Mangudadatu clans are bitter political foes in Maguindanao, one of five provinces under ARMM.

The Ampatuans, feared in Mindanao and the richest in impoverished Maguindanao, are also facing rebellion charges.

Hearing of these charges was deferred also on Tuesday by the prosecution and the defense, resetting it to February 13.

By the time, State Prosecutor Lamberto Fabros told reporters, they were hoping that Army Lt. Gen. Raymundo Ferrer would be back in the country to testify on the alleged uprising hatched by the Ampatuans.

Ferrer was the administrator of martial law in Maguindanao, which was declared shortly after the massacre of the 57 civilians.

He was seen as a vital witness who could force Judge Vivencio Baclig of Branch 77 of the Regional Trial Court of Quezon City to rule that there was probable cause to hold the Ampatuans for rebellion and that there was valid ground to transfer the case from Cotabato City to Metro Manila.

During oral arguments, defense lawyer Sigfrid Fortun said that they cannot allow other witnesses to occupy the witness stand besides police Supt. Roberto Gadian, who testified earlier.

The defense succeeded in stopping prosecution witnesses Datu Pecca Mangacop, Haical Mangacop and Nasser Abdul from testifying.
With Reports From Ruben D. Manahan 4th, Sammy Martin And Al Jacinto