A monument at the National Press Club in Manila honors the journalists killed in the 2009 Maguindanao massacre, the deadliest single attack on media workers in history. – Photo Credit: Judgefloro / Wikimedia Commons (CC BY-SA 4.0)
MANILA – The Supreme Court has affirmed the acquittal of Datu Akmad “Tato” Ampatuan Sr., a son-in-law of the late clan patriarch Andal Ampatuan Sr., in connection with the 2009 Maguindanao massacre, the Philippines’ deadliest election-related attack that claimed 58 lives, including 32 journalists.
In a ruling promulgated on January 27, 2025 and released publicly this week, the Court’s First Division stressed that mere agreement with a criminal plan absent an overt act is not enough to establish conspiracy. The justices further emphasized that the constitutional safeguard against double jeopardy makes an acquittal final and unassailable, unless issued with grave abuse of discretion. The decision leaves intact the earlier acquittals issued by the Quezon City Regional Trial Court in 2019 and affirmed by the Court of Appeals in 2021.
Timeline: The Maguindanao massacre case
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The 2009 Massacre
On November 23, 2009, a convoy of journalists, lawyers, and family members of then-Buluan Vice Mayor Esmael “Toto” Mangudadatu was ambushed in Ampatuan town, Maguindanao, while traveling to file his gubernatorial candidacy. Fifty-eight people were killed, among them 32 journalists, making it the single deadliest attack on media workers in history.
In the immediate aftermath, then-President Gloria Macapagal-Arroyo placed Maguindanao under a state of emergencyand declared martial law from December 4 to 12, 2009, as government forces moved against the powerful clan.
Trial and Partial Justice
After a marathon decade-long trial at Camp Bagong Diwa in Taguig, the Quezon City RTC (Branch 221) on December 19, 2019 handed down convictions against Andal “Unsay” Ampatuan Jr., Zaldy Ampatuan, and 26 others, sentencing them to reclusión perpetua without parole for 57 counts of murder.
The court also acquitted several accused, including Datu Akmad “Tato” Ampatuan Sr. and Datu Sajid Islam Ampatuan, for lack of proof beyond reasonable doubt. In the case of journalist Reynaldo “Bebot” Momay, the court acquitted all accused because his body was never recovered.
As of late 2024, appeals of the 2019 convictions remain pending at the Court of Appeals, prompting victims’ families and press-freedom advocates to describe the outcome as “partial justice.”
Where Are the Ampatuans Now?
- Andal Ampatuan Sr. – The clan patriarch died on July 17, 2015 while on trial, after suffering a heart attack and falling into a coma.
- Andal “Unsay” Ampatuan Jr. – Convicted in 2019 of 57 counts of murder and sentenced to reclusión perpetua without parole; he remains detained at the New Bilibid Prison (NBP). In November 2023, he was also convicted of 21 counts of graft, with sentences totaling up to 210 years, though these run alongside his existing life terms.
- Zaldy Ampatuan – Convicted in 2019 alongside Andal Jr. and serving reclusión perpetua at the NBP.
- Datu Sajid Islam Ampatuan – Acquitted in the massacre case, but has since been convicted in multiple Sandiganbayan rulings between 2019 and 2024 for graft, malversation, and falsification of public documents tied to what court filings described as “ghost projects.” In 2023, the court affirmed arrest orders after he failed to surrender. In October 2024, he was convicted again for misuse of farm-to-market road funds, sentenced to reclusión perpetua and perpetual disqualification from holding public office.
- Datu Akmad “Tato” Ampatuan Sr. – Acquitted by the RTC in 2019; his acquittal was affirmed by the Court of Appeals in 2021 and by the Supreme Court in 2025.
- Next Generation – The Ampatuan family continues to hold elective posts in Maguindanao. As of the 2025 elections, official results show Prince Sufri Norabbie M. Ampatuan as Mayor of Datu Hoffer Ampatuan, Bai Bongbong M. Ampatuan as Vice Mayor, and Bai Nor-Aila Kristina M. Ampatuan-Samama as a municipal councilor.
Significance of the 2025 Ruling
The Supreme Court’s decision clarifies two points of law:
- Conspiracy doctrine – Criminal liability cannot be based on acquiescence or words of approval alone; an overt act in furtherance of the crime is required.
- Finality of acquittal – A judgment of acquittal, once final, cannot be overturned due to the safeguard against double jeopardy.
