CA reverses acquittal of cop involved in Maguindanao massacre

MANILA – The Court of Appeals (CA) has reversed the acquittal of a police officer involved in the Maguindanao massacre in 2009 which killed 57 people, saying the person’s name was initially left out.

According to the CA’s decision promulgated on June 14, SPO2 Badawi Bakal’s name was not included in the 2019 ruling penned by Quezon City Regional Trial Court Judge SolisReyes. The QC RTC clarified in an order that Bakal was acquitted, but on certiorari, the CA looked into factual details to convict him.

Police Supt. Bahnarin Kamaong’s name appeared twice in the said ruling in 2019 – both as convicted and acquitted while Bakal’s name did not appear.

Judge Solis-Reyes later on clarified that she was referring to Bakal instead of Kamaong in the acquittal.

Because of this, the CA ruled Judge Solis-Reyes committed gross misapprehension of facts, concluding that Bakal had knowledge of crime.

The CA pointed out that the police officer concealed the identities of accused, failed to effect or cause their immediate arrest, and contributed to delay in investigation of crime by threatening witness.

“The Solicitor General asserts that the totality of the circumstances led to the inevitable conclusion that SPO2 Bakal is criminally liable as an accessory to the crime charged because of his overt acts subsequent to the commission of the crime,” the court document read.

It also characterized the judge’s gross misapprehension of facts as amounting to grave abuse of discretion enough to set aside ruling on certiorari petition, adding that the disregard of material evidence resulted in violation of People’s right to due process and amounted to a mistrial.

On Dec. 19, 2019, members of the Ampatuan clan led by brothers Zaldy and Andal “Unsay” Ampatuan Jr. and several others were sentenced to up to 40 years in prison with no parole over the grisly murders, according to the verdict.

The Maguindanao massacre is considered the worst case of election-related violence in Philippine history and single deadliest incident for journalists in the world where bodies were mutilated and dumped hurriedly in a mass grave.

The victims included 32 journalists.