58th Maguindanao massacre victim’s kin appeals ruling

MANILA — The family of photojournalist Reynaldo “Bebot” Momay, the 58th victim in the Maguindanao massacre, has told Quezon City Regional Trial Court (RTC) Branch 221 Judge Jocelyn Solis-Reyes that it will appeal before the Court of Appeals (CA) the decision on the Maguindanao massacre.

Solis-Reyes earlier ruled that there was not enough proof to convict any of the accused of Momay’s death.

In a notice of appeal, Momay’s heirs informed the QC court that they are appealing both the criminal and civil aspects of the decision.

Other private complainants who are heirs of the massacre victims also informed that they are appealing the civil aspect of the decision.

The court had awarded around PHP130 million in damages to the victims’ heirs in its December 19 ruling.

A separate notice of appeal has also been filed by former Autonomous Region in Muslim Mindanao Governor Zaldy U. Ampatuan, who was among those convicted by the court.

Mere allegation and speculation is not evidence and is not equivalent to proof, Reyes had said in the case of Momay, who was confirmed to have boarded the news van in the ill-fated convoy but whose body was never recovered.

“Regrettably, the court is not convinced. For a testimony to be credited, the testimony should not only come from the mouth of a credible witness, but it should also likewise be credible and reasonable in itself. It must be consistent with human experience, and occurring in the normal course of things,” Reyes said of the testimony offered by the prosecution in Momay’s case.

A piece of denture recovered more than a week after the incident on Dec. 1, 2009 by investigators from the Commission on Human Rights (CHR) and the Scene of the Crime Operation (SOCO) was offered by the prosecution with the newsman’s common-law wife positively identifying the item as belonging to Momay.

“The court finds that the probative value of the denture does not lead to the aforesaid conclusions. First, the prosecution unsuccessfully established that the denture belonged to Momay,” the court said.

The court also said the testimony of his live-in partner, Marivic Bilbao, that she cleaned the denture every day for six years since 2003, which led her to believe that it belonged to Momay, is an implausible narrative.

Another witness said Momay was inside a van with victims Bong Reblando, Andy Teodoro, Joy Duhay, Rey Merisco, Nap Salaysay, Ronie Perante and others on the day of the incident.

The court found eight members of the Ampatuan clan and 20 others guilty for 57 counts of murder and meted them with the penalty of reclusion perpetua (up to 40 years imprisonment) without parole.

The Maguindanao massacre, which is considered as the worst attack against media members in recent Philippine history, took place on Nov. 23, 2009 in Sitio Masalay, Buluan town in Maguindanao.

The victims were part of a convoy on their way to file the certificate of candidacy in Shariff Aguak of Esmael “Toto” Mangudadatu.

While on their way, a private militia of roughly 200 armed men, intercepted the convoy and escorted them to Buluan town in Ampatuan where they were told to get off their vehicles and then shot point-blank.

Mangudadatu’s sister and aunt who were both pregnant were among those brutally killed by the armed men.