Ampatuan kin cleared in massacre

THE Supreme Court (SC) has upheld the acquittal of Datu Akmad “Tato” Ampatuan, Sr., son-in-law of clan patriarch Datu Andal Sr., in connection with the 2009 Maguindanao massacre where 56 people were murdered, including 32 journalists.

In a 10-page ruling penned by Associate Justice Ricardo R. Rosario, the High Court affirmed a regional trial court’s decision clearing Mr. Ampatuan of liability due to insufficient evidence of his direct involvement in the attack.

The court noted that even if he could be considered an accessory to the crimes as a relative of one of the principal accused, Article 20 of the Revised Penal Code exempts him from liability. The provision shields certain family members from accessory liability on account of blood ties.

The ruling clarified, however, that such exemption does not equate to innocence but recognizes the legal presumption that family loyalty may prevent relatives from disclosing crimes.

The decision effectively ends the case against Mr. Ampatuan, more than 15 years after the massacre, regarded as the single deadliest incident of election-related violence in the Philippines and the worst attack on journalists worldwide.

The SC further stressed that criminal liability as a conspirator or accessory requires proof of actual cooperation in an unlawful act. The prosecution, it said, failed to demonstrate that Mr. Ampatuan’s approval was indispensable to the massacre’s execution or that he wielded moral ascendancy over the perpetrators.

“Even without his approval, the plan would still have been carried out,” the court said. The ruling, promulgated in January, was made public only this week. — Chloe Mari A. Hufana