JUSTICE SERVED. The legal counsels (foreground) and the accused in the Maguindanao massacre case await for the verdict at the Camp Bagong Diwa in Taguig City on Dec. 19, 2019. 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. (Screengrab from PTV-4)
MANILA -- Some of the police officers implicated -- and eventually acquitted -- in the Maguindanao massacre case would be evaluated whether they are still fit to return to service, an official of the Department of the Interior and Local Government said on Friday.
“We will evaluate them if they are still physically fit to perform and return to the police service including medical and neuro exams,” Interior Secretary Eduardo Año told the Philippine News Agency (PNA).
Año said the policemen implicated in the crime cannot get their backpay because of the "no work, no pay principle".
At the promulgation of the Maguindanao massacre case Thursday, Quezon City Regional Trial Court Branch 221 Judge Jocelyn Solis-Reyes acquitted the so-called members of the Labayan group identified as SPO1 Elizer Rendaje, SPO1 Alimola Gulanaton, SPO1 Samad Maguindra, PO3 Ricky Balanueco, PO3 Gibrael Alano, PO2 Rexson Gulama, PO1 Amir Solaiman, PO1 Badjun Panegas, PO1 Pendatun Dima, PO1 Ebara Bebot, PO1 Tamano Hadi, PO1 Michael Macarangon and the Solano group members which include SPO1 Ali Solano, PO3 Felix Daquillos, PO2 Kendatu Rakim, PO1Abdulraman Batarasa, PO1 Marjul Julkadi, PO1 Datu Jerry Uto, PO1 Mohammad Balading, PO1 Marsman Nilong, PO1 Ysmael Baraquir, PO1 Abdulmanan Saavedra, and PO1 Jimmy Kadtong.
Also acquitted of the charges were PO1 Sandy Sabang, P/Insp. Bahnarin Kamaong, P/Supt. Abdulwahid Pedtucasan, PO1 Ahmad Camsa Badal, PO2 Tanny Dalgan, PO1 Anwar Masukat, PO1 Adbullah Baguadatu, PO1 Oscar Donato, and PO1 Michael Madsig.
The court said the prosecution failed to prove their guilt. Those acquitted were ordered released immediately unless they are being detained for other offenses.
The decade-long trial was capped with the conviction of several members of the influential Ampatuan clan and others involved in the massacre of 57 people -- including 31 journalists - in Maguindanao in 2009.
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.
Solis-Reyes also ordered the accused to pay damages totaling to PHP130 million.
“This is the strongest message that crime does not pay. Finally, justice is rendered. This is also a stern warning to criminals and a reminder to everyone to abide by the laws. The conviction of the Ampatuans and their cohorts prove that justice system is working,” Año said.
Philippine National Police (PNP) Spokesperson Brig. Gen. Bernard Banac said PNP rules and regulations allow accused personnel acquitted of the charges to return to duty.
"Now that they are set free by virtue of their acquittal, we are now conducting study of their status and individual case folders to prepare our recommendation should anyone of them apply for restoration to full duty status," Banac said in a statement.
He said those earlier dismissed from the service but were eventually acquitted of the crime require a different set of procedures to be reinstated in the service.
"Their acquittal does not necessarily translate to reinstatement to the police service. Their dismissal from the PNP stemmed from preponderance of evidence which is entirely different from criminal case proceedings," Banac said.
Claim for back wages for both cases is not applicable, he added.
"The 17 cops who will avail of restoration to full duty status would still need to undergo mandatory drug test, neuro-psychiatric test, and medical examination to determine their fitness after having been away from the service for a very long period of time," he said.
Meanwhile, PNP Officer-in-Charge, Lt. Gen. Archie Francisco Gamboa directed the Criminal Investigation and Detection Group (CIDG), Intelligence Group and the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) police to launch massive manhunt operations for the 80 fugitives, including accused dismissed police Inspector Michael Joy Ines Macaraeg who did not appear during the promulgation of the decision.
The court issued an arrest warrant against him.
"Considering the nature of their crime and their continued flight from justice, we presume these fugitives to be armed and dangerous," Gamboa said.
A total of 101 individuals faced the trial out of the initial 197 who were originally included in the indictment. Meanwhile, 117 were arrested while 80 remain at large. (PNA)
