MANILA, Philippines - The Department of Justice (DOJ) approved yesterday the indictment of former Maguindanao Gov. Andal Ampatuan Sr. and 196 others in the multiple murder case earlier filed against Andal Ampatuan Jr. in connection with the Nov. 23 Maguindanao massacre.
Investigating fiscals said they have found probable cause to charge the Ampatuan patriarch and his son, Autonomous Region in Muslim Mindanao (ARMM) Gov. Zaldy, along with at least 23 other relatives with 57 counts of murder before the Quezon City Regional Trial Court (RTC) Branch 221.
Other accused named in the information were Acting Maguindanao Gov. Sajid Islam, Shariff Aguak Mayor Anwar, nephew Maguindanao Vice Gov. Akmad “Tato” Sr., Shariff Aguak Vice Mayor Ulo, Salibo Vice Mayor Kanor, Barangay Imbonal chair Jimmy, Mamasapano Mayor Bahnarin, and Saudi Ampatuan town Mayor Saudi Jr.
Other Ampatuans indicted by the DOJ were Ipi, Harris, Moning, Mama, Norodin, Dainga, Tony Kenis, Misuari, Rodek, Manny, Jonathan, Intan, Mohades, Kagi Amar and Mohamad.
The information was an amendment of the case earlier filed against Andal Jr. that impleaded additional accused.
In a 78-page resolution, the DOJ panel led by Senior State Prosecutor Leo Dacera and Rosanne Balauag said testimonies of witnesses and evidence presented during preliminary investigation revealed a “confluence of events before and immediately after” the massacre showing that the Ampatuans connived with the killers even if they were not at the site.
“The evidence on record established that these respondents instigated the plan to ambush members of the Mangudadatu clan who were to travel to the Comelec office in the provincial capitol of Maguindanao. There is direct evidence that these respondents agreed to commit the crime,” the fiscal stressed.
The DOJ said Andal Sr., Zaldy and the others should be held liable as co-principals in the crime because of the “communal conduct, a common design, concerted action and concurrence of sentiments.”
It was also established that apart from Andal Jr., Kanor, Bahnarin, Mama, Sajid Islam, Anwar Ampatuan, Saudi Jr., Ulo, Ipi, Harris and Moning also directly participated in the carnage after having been positively identified by witnesses.
“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,” the DOJ said. – With Cecille Suerte Felipe, Edith Regalado