Heirs of journalist in massacre file appeal notice
THE heirs of Reynaldo Momay, a photojournalist whose body was not found after the massacre of more than 50 people in Maguindanao province a decade ago, said they would appeal the dismissal of the murder case.
In a notice of appeal to a Quezon City trial court, his heirs said they would appeal the dismissal of the criminal and civil aspects of the case at the Court of Appeals.
The massacre took place when family members and the media were accompanying Esmael G. Mangudadatu to the Commission on Elections to file his certificate of candidacy on Nov. 23, 2009. Mr. Mangudadatu was then running for governor of the Mindanao autonomous region to end the 20-year rule of the Ampatuan family..
More than 50 people were murdered, including 32 journalists. New-York based Committee to Protect Journalists called the attack the “worst single incident of journalist killing.”
The heirs noted that while they were aware of the law against double jeopardy, the Supreme Court must revisit and reverse the doctrine because it is also illegal.
Double jeopardy prohibits charging an acquitted or convicted person twice for the same offense. They said the doctrine is imposed only by the US.
“The imposition of the said doctrine in the Philippines and its continuing use in this country — even after the Philippines gained independence and had its own sovereign constitution — violates the constitutional provisions on equal protection and due process,’” according to a copy of the notice.
The court on Dec. 19 acquitted all the accused in the case of Mr. Momay because of reasonable doubt. Prosecutors said he was the 58th victim of the massacre but his body was never found. Only his denture and jacket were found at the crime scene.
His name and signature were also on the supposed attendance sheet of journalists in the convoy.
A total of 18 private complainants and heirs of the victims told the court they would appeal the civil aspects of the case to the Court of Appeals.
Murder convict and former Autonomous Region in Muslim Mindanao Governor Zaldy U. Ampatuan also asked the court to forward the decision and records to the appellate court.
The trial court last month convicted 28 primary suspects for the 2009 massacre.
More than a dozen people were convicted as accessories to the crime and more than 50 others were acquitted. — Vann Marlo M. Villegas
