Gov't urged to seek compensation for family of faceless 58th Maguindanao massacre victim

The Presidential Task Force on Media Security (PTFOMS) should file a civil case over the death of the 58th victim of the Maguindanao massacre—identified only as Momay—whose remains were never found, Senator Francis Tolentino said Friday.

Tolentino made the call since nobody was convicted for Momay’s murder as  the only evidence offered by the prosecution were his dentures.

“In a criminal case, what you need for conviction is to prove guilt beyond reasonable doubt. In a civil case which concerns moral, actual and compensatory damages, what is required is preponderance of evidence. For this purpose [of seeking damages], maaaring sapat na po ito (dentures) para makakakuha ng danyos ang pamilya [ni Momay],” Tolentino, a lawyer, said during a news forum in Quezon City.

“Dahil nga po hindi na makita ang DNA na kailangan as proof [for a criminal case]…baka mawala na po sa jurisdiction ni Madam judge ang kaso. Puede pong mag file ang inyong opisina para sa civil action. Kasi kung hindi, baka sa ibang husgado na naman mapunta ang kaso, lalo hong magtagal. Sana po ma-ifile natin para tuloy-tuloy ang momentum ni Madam judge,” Tolentino added.

In December 2019, Quezon City Regional Trial Court judge Jocelyn Solis-Reyes convicted 28 suspects for the murder of 57 individuals in November 2009 in Maguindanao. Among those convicted were  Datu Andal Ampatuan Jr. alias Unsay, Datu Anwar Ampatuan Sr., and his sons Datu Anwar Jr. and Datu Anwar Sajid.

Another 15 were convicted as accessory to the crime of murder.

The victims of the Maguindanao massacre were part of the convoy of then Buluan Vice Mayor Esmael "Toto" Mangudadatu, a rival of the ruling Ampatuan clan. The victims were killed for being with Mangudadatu who was on his way to file his candidacy for Maguindanao governor for the 2010 polls.

The victims were shot multiple times and their bodies were dismembered.  The suspects tried to bury them using a backhoe.

Undersecretary Joel Egco of PTFOMS, who graced the same news conference, assured the public that the body remains committed to seeking justice for Momay and other Maguindanao massacre victims, including seeking remuneration for the victims' families.

“We will recommend seeking damages for the benefit of Momay’s family. In fact, we had a meeting and I was able to talk to one of the witnesses, Joseph Jubelag….kasi sila iyong magkausap ni Momay,” Egco said.

Jubelag is a journalist himself who survived the massacre since he decided not to proceed at the last minute upon learning that there were unidentified individuals asking for his name at the hotel where they are staying ahead of the coverage of the Mangudadatu’s COC filing.

“Hindi tayo papayag na hindi mabigyan ng hustisya si Momay,” Egco added.

Likewise, Egco said that PTFOMS is supportive of the move of lawyer Harry Roque—one of the counsels of the victims of Maguindanao massacre—seeking an additional P20 million worth of additional compensation for each of the victims from the Ampatuans.

“Mas malaking amount, mas okay para sa mga pamilya. I trust the wisdom of Mr. Harry Roque on this dahil malaki rin ang hirap niya rito,” Egco added.

According to the court ruling, the heirs or next of kin of the victims of the Maguindanao massacre are entitled to damages ranging from P350,000 to P23.5 million as part of the guilty verdict on the main perpetrators of the crime, particularly members of the Ampatuan clan.

The principal convicts were sentenced to life in prison without parole and were ordered to pay a total of over P155.6 million in damages to the heirs of 57 victims. —LDF, GMA News