Court of Appeals asked to recognize 58th Maguindanao Massacre victim
MANILA, Philippines — The families of the victims of the 2009 Maguindanao Massacre have asked the Court of Appeals (CA) to resolve the consolidated appeals in the case and formally recognize photojournalist Reynaldo “Bebot” Momay as the 58th victim.
The heirs filed their 15-page motion before the appellate court on Monday, November 24.
One of the key pleas is the judicial acknowledgment of Momay, whose body was never recovered — a point the trial court did not address when it convicted the accused on only 57 counts of murder in its Dec. 19, 2019 consolidated partial decision.
“That the Philippines has not judicially recognized the 58th victim, Reynaldo ‘Bebot’ Momay, in the appealed Consolidated Partial Decision dated December 19, 2019 is a profound failure that demands urgent correction by this Honorable Court,” the petition read.
Momay’s daughter, Reynafe Momay-Castillo, stressed the pain of the omission.
“It's been 16 years, and until now walang acknowledgement for my dad. Napakahirap sa amin 'yun. We don’t have closure. We don’t have the body,” the petition quoted her as saying.
“The pain remains deep and unresolved for our family because justice remains incomplete. Our call is very simple — to recognize that my dad is a victim and to grant our family justice,” it added.
Heirs cite evidence, presumption of death. The heirs argued that the trial court erred in failing to establish Momay’s death and in not applying the presumption of death under the Revised Rules on Evidence and the Civil Code.
They said the prosecution presented continuous direct and circumstantial evidence logically proving that Momay was part of the ill-fated convoy murdered in Sitio Masalay, Ampatuan, Maguindanao.
They asked the CA to reverse the 2019 ruling insofar as Momay is concerned, declare that he died at the massacre site, impose the penalty for murder on those responsible, and order the principal accused to pay damages.
They also requested corrections to clerical errors on the CA website, noting that the “Heirs of Reynaldo ‘Bebot’ Momay” were not listed among the parties despite their timely notice of appeal.
Appeals pending
The heirs of 19 other victims likewise urged the CA to resolve the long-pending consolidated appeals, citing the immense toll of the 16-year wait.
“Their 16th year commemoration of the Maguindanao Massacre has shown that they… continue to suffer and are still suffering from extreme personal and generational trauma, depression, and inescapable grief, especially when November 23 approaches each year,” the petition read.
Background on the case. The Maguindanao Massacre took place on Nov. 23, 2009, leaving 58 people dead — including 32 journalists — as they traveled to file the certificate of candidacy of Esmael Mangudadatu.
On Dec. 19, 2019, Quezon City Regional Trial Court Branch 221 convicted the Ampatuan brothers of 57 counts of murder and sentenced them to reclusion perpetua without parole.
Twenty-eight co-accused, including police officers, were convicted of 57 counts of murder and sentenced to 40 years in prison, while 15 others were sentenced to six to 10 years as accessories. Fifty-five individuals, including Datu Sajid Islam Ampatuan, were acquitted.
- Latest
- Trending
