THE Court of Appeals (CA) has reversed a Quezon City trial court ruling and found a policeman guilty beyond reasonable doubt as an accessory in the gruesome 2009 Maguindanao massacre of 57 people, including 32 print and broadcast journalists.
The CA Sixth Division ruled that QC trial court Branch 221 Judge Jocelyn Solis-Reyes gravely abused her discretion when she acquitted SPO2 Badawi Bakal as an accomplice.
“In fine, the respondent court committed grave abuse of discretion when it turned a blind eye to the prosecution’s having clearly demonstrated the existence of evidence beyond reasonable doubt of SPO2 Bakal, and failed to reconsider, in spite of the opportunity given, the entire evidence that the prosecution has established against the private respondent SPO2 Bakal,” the CA said.
In saying that the judgment was “void,” the CA cited the court’s “blatant disregard of material evidence resulted in a violation of the people’s right to due process, amounting to a mistrial.”
The appellate court explained that though acquittals are not reversible because of double jeopardy, it may be assailed as in the case of Bakal because Solis-Reyes committed grave abuse of discretion which rendered her judgment null and void.
The CA sentenced Bakal, who was one of the policemen assigned to man the checkpoint in front of the Ampatuan town municipal hall on the day that the massacre took place in November 2009, to 10 years of imprisonment for each count of the 57 counts of murder filed against him.
“He is sentenced to suffer the indeterminate penalty of imprisonment of four years and two months of prision correccional as minimum, to 10 years of prision mayor as maximum for each of the 57 counts of murder. He is likewise solidarily liable with his co-convicted accused of the same class for payment of civil indemnity and damages to the heirs of the 57 victims, in the sums determined by the respondent trial court,” the CA decision penned by Associate Justice Apolinario Bruselas said.
Associate Justices Rafael Antonio Santos and Carlito Calpatura concurred with Bruselas’ ruling.
In finding Bakal guilty, the appellate court gave weight to the prosecution’s evidence that he threatened witnesses Esmael Canapia and Takpan Dilon not to say or divulge anything about what they had seen and witnessed on the day of the massacre.
It said that even without proof that he has knowledge about the plan, Bakal knew that the crime was committed.
Bakal told the court during the trial of the case that he kept silent because feared for his and his family’s life if he exposed what he knew about the gruesome killing.
The CA said Bakal’s court testimony proved that he was aware of the commission of the crime.
“His acts of threatening Canapia and Dilon with a pistol and of punching the latter for having uttered something about a backhoe, negate his claim that he had no knowledge of the commission of the heinous crime,” the CA said.
“Being a police officer in the active service, SPO2 Bakal abused his public office when he concealed the identities of the accused, he failed to effect or cause their immediate arrest, and he contributed to the delay in the investigation of the crime,” it added.
“Regardless of the absence of proof that Ampatuan town Vice Mayor Sangki informed SPO2 Bakal of Datu Unsay Ampatuan’s plan to ambush the Mangudadatu convoy, the petitioner’s, including private respondent’s, submissions showed that herein private respondent SPO2 Bakal had knowledge of the crime. From the foregoing, the Court is of the view that SPO2 Bakal’s actuations immediately after the commission of the crime demonstrate his liability as an accessory,” the CA said.
Badal’s conviction is 28th suspect in the Maguindanao massacre to be convicted. Among those who have been found guilty and sentenced to long years in jail are principal accused Andal Ampatuan Jr. and former ARMM governor Zaldy Ampatuan.
