The Supreme Court has upheld the acquittal of Akmad Ampatuan Sr., a member of the powerful Ampatuan clan, in connection with the 2009 Maguindanao massacre that claimed 58 lives, including journalists and supporters of the rival Mangudadatu family.
In a ruling dated January 27, the high tribunal rejected the petition filed by the Office of the Solicitor General (OSG), which sought to overturn the Court of Appeals’ affirmation of a Quezon City court’s earlier decision clearing Akmad of liability.
The OSG argued that even though Akmad was not physically present at the crime scene, he encouraged his relatives to pursue the killings and allegedly deployed one of his men, Talembo Masukat, to join the attack. Records showed he was quoted in a planning meeting as saying: “Let’s listen to father. We agree that they should all be killed… the Mangudadatus are too ambitious, they deserve to be killed.”
But the SC ruled that Akmad’s words were not sufficient to establish his participation in the conspiracy. “Mere knowledge, acquiescence or approval of the act without cooperation or agreement to cooperate is not enough to constitute one a party to a conspiracy,” the decision, penned by Associate Justice Ricardo Rosario, stated.
The justices further noted that prosecutors failed to prove Akmad had authority over the plotters. The court emphasized that it was Unsay Ampatuan who orchestrated the plan, and that Masukat’s involvement could not be directly linked to Akmad’s orders.
Even if Akmad were considered an accessory, the SC added, he would still be exempted from liability under the Revised Penal Code, as he was the son-in-law of the massacre’s principal accused, Andal Ampatuan Sr.
The massacre, carried out in November 2009, remains the deadliest election-related violence in Philippine history. It was aimed at preventing the Mangudadatu clan from challenging the Ampatuans in the 2010 polls.
