MAGUINDANAO MASSACRE CASE UPDATE:
FACTUAL BASIS FOR THE CHARGES
 

MULTIPLE MURDER CHARGES
(Accused Personality)

REBELLION CHARGES

(Accused Personality)


Antecedent Facts and Pertinent dates:

 

On November 23, 2009 Datu Esmael “Toto” Gaguil Mangudadatu authorized his wife Bai Genalin “ Gigi” T. Mangudadatu to file his certificate of candidacy for Governor of Maguindanao. 

 

Datu Andal Ampatuan Sr., the incumbent Governor of Maguindanao is finishing his third term as governor of the province of Maguindanao.  The son of Gov. Andal Ampatuan Sr., Datu Unsay Mayor Datu Andal Ampatuan Jr. is poised to run for the position his father is to vacate.

 

On November 23, 2009, Bai Genalin Mangudadatu together with some relatives, the lawyers of the Mangudadatus and members of media boarded a convoy of 9 civilian vehicles to file the CoC of Toto Mangudadatu.  The convoy was headed towards the Municipality of Ampatuan, Maguindanao from the Municipality of Ezperanza when it was halted at a mobile check point in Sittio Maliling, Brgy. Salman, Ampatuan, Maguindanao.  Shortly thereafter, several vehicles boarded by about one hundred heavily armed men arrived, and started pointing their weapons at the occupants of the convoy.

The armed group who were led by Datu Unsay, Maguindanao Mayor Datu Andal U. Ampatuan Jr. (also known as “Datu Unsay”) ordered the occupants of the convoy get out of their vehicles and to lie down on the ground.  After this the victims were divested of their personal belongings. The armed group then took control of their vehicles and ordered the victims to board the vehicles.  The vehicles of armed group and the convoy left the check point heading towards the same direction. 

 

At about 11 A.M. of the same day a series of shots were heard at Brgy. Saniag, Ampatuan, Maguindanao.  Military and police troops were dispatched to validate the reported alleged abduction and shooting.

 

The troops initially found twenty one dead bodies with multiple gunshot wounds.  Five vehicles and a backhoe were also initially found in the area.  After the joint efforts of the different government agencies investigating the crime scene a total of fifty seven cadavers (57) including those of Bai Genalin and other members of the Mangudadatu family, their lawyers and members of media, and nine (9) motor vehicles were recovered in the crime scene. 

 

 

Antecedent Facts and Pertinent Dates:

 

On November 27, 2009 up to the present time, in the province of Maguindanao, Datu Andal Ampatuan Sr., Datu Zaldy u. Ampatuan, Datu Akmad Tato Ampatuan, Datu Anwar Ampatuan and Datu Sajid Islam Ampatuan as heads of the rebellion conspired and cooperated with each other as well as other john does have been massing up armed men and organizing assemblies as a necessary means to commit the crime of rebellion and in furtherance thereof. 

 

On November 29, 2009, Datu Andal Ampatuan Sr. and Datu Zaldy Ampatuan wanted their followers to stage a rally in front of Andal Sr.’s house to show the government that the people support them and believe in their innocence.

 

The series of operations/raids conducted by government forces in the different properties of the Ampatuans resulted to the seizure of more than 50 pieces of assorted high-powered firearms, including a 50 caliber machine gun and a Barret sniper rifle were seized from

 

On December 2, 2009 the Ampatuans positioned their armed men in different places in Brgy. Poblacion, Ampatuan, Maguindanao.

 

The massive formation of numerous armed civilians supported by armored tanks with their own markings and under the command of the Ampatuans indicated that there exists a “private army” formed to resist government troops and law enforcement personnel carrying out the investigation of the massacre.   

 

The result of the terror, caused by the projections of the Ampatuans there, were as follows:

There were no prosecutors available to conduct the inquest and preliminary investigation relative to the murder of the 57 victims;

The local government officials were nowhere to be found;

Most of the employees of the local government units went on mass leaves and their respective offices were either closed or not functioning that even the civil Registrar refused to issue Death Certificates of the victims of the massacre.

The substitution of the judge of the RTC Branch 15—the court which has jurisdiction over the site of the massacre.

The refusal of the judge to accept the application for search warrants for the properties of the Ampatuan family.

There was undue delay in the issuance of court processes despite the exigency of the situation.
 

 

SALIENT POINTS THAT MAY BE CONCLUDED FROM THE ANTECEDENT FACTS AS STATED ABOVE:

The mass murder of 57 people stemmed from a political rivalry between two families—the Ampatuans and the Mangudadatus.

That since what prompted the killing of the 57 victims stemmed from the aspiration of Datu Esmael “Toto” Mangudadatu to run for the governor of Maguindanao which is the same position the primary suspect Datu Andal Ampatuan Jr. is aspiring for, the massacre of 57 people was politically motivated.  This means that the mass murder of 57 people was not committed in furtherance of rebellion.

That the massacre or mass murder occurred on November 23, 2009, prior to the commission of the Ampatuans of acts constituting rebellion, which started on about November 27, 2009.  This fact  bolsters the assertion that the murders could not have been committed in furtherance of rebellion since the murders happened before the acts of rebellion.

It is not unlikely that the acts of rebellion were committed by the Ampatuans in a desperate effort to stifle the efforts of government to thoroughly investigate and prosecute the murder of 57 people.

That the government actually endured the difficulty of investigating and prosecuting the perpetrators of the mass murder due to the coercive presence of the heavily armed men of the Ampatuans in the province, which coupled with their acts defying government actually led to the charges of rebellion against them.

It is obvious from the foregoing that the Multiple Murder cases against the Ampatuans and their cohorts are entirely separate and different from the charges of rebellion against them.  The former stems from the killing of 57 innocent people, while the latter is a result of their attempts to coerce the populace and defy government processes aimed at prosecuting them for the massacre.

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MULTIPLE MURDER CHARGES

Multiple Murder Case filed in Cotabato City RTC on December 1, 2009

1. DATU ANDAL AMPATUAN SR.
2. DATU ANDAL UNSAY AMPATUAN JR.
3. NORDS AMPATUAN
4. AKMAD AMPATUAN
5. SAUDI AMPATUAN SR.
6. BAHNARIAN A. AMPATUAN
7. SAJID ISLAM U. AMPATUAN
8. AKMAD "TATO" AMPATUAN SR.
9. ZALDY "PUTI" U. AMPATUAN

XVI-INV-09L-00816 CIDG-CIDU VS. GOV. DATU ANDAL AMPATUAN SR. ET. AL.
For Multiple Murder


For Preliminary Investigation filed at DOJ Manila on December 2, 2009

RESPONDENTS

1. GOV. DATU ANDAL AMPATUAN SR.
2. MAYOR DATU ANDAL AMPATUAN JR.
3. DATU ULO AMPATUAN
4. MAYOR BAHNARIN AMPATUAN
5. VICE MAYOR DATU KANOR AMPATUAN
6. TONY KENIS AMPATUAN
7. MUHAMAD SANGKI
8. TAMMY MASUKAT
9. TUMI TIMBA ABAS
10. PO1 ABBEY GUIADEM
11. @ KUMANDER BERI
12. @ DAHUTAY
13. 100 OTHERS

XVI-INQ-09L-00104 CIDG VS. ESMAIL CANAPIA and TAKIPAN DILUN
For Multiple Murder

For Inquest filed in DOJ Manila on December 3, 2009

RESPONDENTS

1. ESMAIL CANAPIA (CVO MEMBER)
2. TAKIPAN DILUN (CVO MEMBER)

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Accused in the Rebellion Charge
(CC No. SA 198)


1. Andal Ampatuan Sr.
2. Zaldy Uy Ampatuan
3. Akmad Tato Ampatuan
4. Anwar Ampatuan
5. Sajid Islam Uy Ampatuan
6. Kusain akmad Sakilan
7. Jovel Vista Lopez
8. Rommy Gimba Mamay
9. Sammy Duyo Villanueva
10. Ibrahim Tukya Abdulkadir
11. Samil Manalao Mindo
12. Goldo B. Ampatuan
13. Amaikugao Obab Dalgan
14. Billy Cabaya Gabriel Jr.
15. Abdulla Kaliangat Ampatuan
16. Moneb Smair Ibrahim
17. Umpa Ugka Yarya
18. Manding Abdulkadir
19. Dekay Idra Ulama
20. Kapid Gabriel Cabaya
21. Koka Batong Managilid
22. Sammy Ganda Macabuat
23. Duca Lendungan Amban
24. Akmad Abdulijah Ulilisen


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