The Supreme Court (SC) First Division upheld the acquittal of Datu Akmad “Tato” Ampatuan Sr., who was among those charged with 58 counts of murder in connection with the 2009 Maguindanao massacre.
In its 10-page decision penned by SC Associate Justice Ricardo R. Rosario, the High Tribunal exempted him from liability but emphasized that this cannot be taken as proof of his innocence.
“Even assuming that Datu Akmad could be deemed an accessory to the crimes, as the son-in-law of one of the principal accused, Datu Andal Sr., Article 20 of the Revised Penal Code [RPC] exempts him from liability. This by no means signifies his innocence. Rather, the law acknowledges that blood ties and the preservation of one’s family name compel one to conceal crimes committed by close relatives,” the decision stated.
The Court cited Article 20 of the RPC, which provides that “the penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees,
with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article.”
Among Datu Akmad’s statements noted by the SC were: “Let us listen to Father.
We all agree to kill them,” and “It is better for the Mangudadatus, who are fond of ambition, to all be killed.”
However, the Court held that “mere knowledge, acquiescence, or approval of the act, without cooperation or agreement to cooperate, is not enough to constitute one a party to a conspiracy,” explaining that evidence of actual cooperation is still required.
Datu Akmad, a nephew of Datu Andal Sr., was then the OIC Vice Governor of Maguindanao province.
