How allegations of bribes have figured during the Maguindanao massacre trial

The botched attempt at a settlement between families of the Maguindanao massacre victims and suspect-members of the Ampatuan family revives a long-standing problem of money getting in the way of a high-profile murder trial, or in some instances, working in favor of the suspects.

 

It has been three and a half years since the murder trial began. More than 100 suspects are already in police custody, while around 90 remain at large.

 

Just last Monday, private prosecutor Harry Roque Jr., whose firm provides legal counsel to families of most of the journalists killed in the 23 November 2009 slayings, claimed that 14 families, four of which  were his clients, had signed a written authority for an "Ampatuan associate" to negotiate with the political clan for a possible settlement. The talks didn't push through after the supposed negotiator was killed.

Though no one has been proven guilty yet, there had been several instances in the past three and a half years when money was allegedly dangled to the victims' kin, to witnesses in the proceedings, and even to government officials in an alleged attempt to silence them or to cover the suspects' tracks.
 

In December 2010, Maguindanao Gov. Esmael Mangudadatu, who lost his wife, two sisters and several other relatives in the massacre, claimed that he has received bribe offers ranging from P150 to P300 million from an alleged emissary of the Ampatuans a month earlier - in November 2010 - and that he has a recorded phone conversation to prove his claim.

 

In the recording, which Mangudadatu let reporters hear during a break in one of the hearings, a man could be heard offering P150 million in exchange for the dropping of charges against former Autonomous Region in Muslim Mindanao Gov. Zaldy Ampatuan, one of the 196 suspects.

 

Mangudadatu said he joked about the offer not being high enough, and suggested to the man to see if the offer could be jacked up further. The man replied, "Meron pa, malaki pa ang pera."

 

As the days passed, Mangudadatu claimed, his conversations with the man progressed into bribe offers, with the governor not promptly telling the emissary he was not interested in the offer because "gusto ko munang makakuha pa ng information."

 

In early December, however, Mangudadatu no longer heard from the emissary. "Siguro nakahalata na siya na at iniisip niya baka tina-trap ko siya, kaya hindi na uli tumawag."

"And so I decided, I would just tell it to the public," he added. 

 

Howard Calleja, the legal counsel for Zaldy Ampatuan at the time, denied the accusation and said his client had no reason to bribe Mangudadatu because he was not involved in the massacre in the first place.

 

"We do not have a motive, a capacity, and resources to resort to bribery because if you are innocent, why would you do such?" Calleja said.

The 58 victims, most of them journalists, were part of an electoral convoy that was supposed to file Mangudadatu's certificate of candidacy for the 2010 elections when he first ran for governor. They were killed allegedly upon the orders of the Ampatuans, then the political kingpins in Maguindanao.

 

Mangudadatu, who was not part of the convoy, won the 2010 gubernatorial race. He was re-elected in the recently concluded May 13 elections.

 

Witnesses too

 

But supposed bribe attempts were not limited to the families, as it extended even to witnesses in the murder trial. 

 

In December, 1Lt. Rolly Stefen Gempesao claimed he received a call from defense lawyer Sigfrid Fortun on the second week of February 2010. He said he recognized Fortun's voice because he often saw him in the news.

 

Sought for a reaction, Fortun, legal counsel for prime suspects Andal Ampatuan Sr. and son Andal Jr., said he knew nothing about the P2-million bribe offer. “I don’t even know his (Gempesao's) cellphone number,” he said.

 

Gempesao was among the soldiers who first responded to the crime site at Sitio Masalay in Barangay Salman in Ampatuan town on Nov. 23, 2009, the day of the massacre. There, they found 57 bullet-riddled corpses, allegedly gunned down by men association with the powerful Ampatuan clan.

 

Gempesao said Fortun first asked him for copies of video footage taken from the crime site as well as his sworn affidavit about the incident. He said he refused to accommodate Fortun's request and instead referred him to proper authorities for the copies.

 

It was then that Fortun allegedly made the offer, Gempesao said. "If you have time, let's meet in Iligan City... Alam ko namang medyo matindi ang pangangailangan mo. Puwede na siguro sa iyo ang P2 million, ano?" he claimed Fortun said.

 

Gempesao said he turned down the offer.

 

Cover-up?

 

But among the witnesses, it was perhaps Lakmodin Saliao, long-time Ampatuan househelp, who made the most number of claims of principal suspect-clan patriarch Andal Ampatuan Sr. trying to pay off people. 

 

Saliao claimed to be present in two meetings in Shariff Aguak where the attack on a convoy of the powerful clan's rival family was hatched.

 

In his testimony in September 2010, Saliao claimed Andal Sr. on March 11, 2010 ordered that P10 million be given to Jesus Dureza, the former presidential adviser on Mindanao affairs, to ensure that the separate rebellion charges against the powerful family will be dismissed.

 

In a report on GMA News' "Saksi," Dureza denied he was offered P10 million by Andal Sr.

 

Saliao also said the other people who were allegedly offered money were suspect-former Maguindanao police Chief Inspector Sukarno Dicay, Maguindanao board member Mike Midtimbang, and another suspect PO1 Rainer Ebus.

 

Saliao mentioned that P10-million in bribe money was allegedly ordered given each to Dicay and Ebus for them to retract their statements against the family. He also said Andal Sr. wanted to give P20 million to Midtimbang for "taking care of us while at Camp Panacan," where the patriarch had stayed before being held in hospital arrest. 

 

When asked during cross-examination by defense lawyer Marlon Pagaduan whether Saliao was aware if the people being bribed received the money, the witness replied: "Hindi ko po alam."

 

Dicay told reporters after Wednesday's proceedings that he was indeed offered a P10-million bribe, but added that he did not accept it. "No amount of money could replace the lives lost in the massacre," he said.

 

Like Dicay, Ebus also confirmed the bribe try but said he was offered only P5 million. He said he also rejected the offer. 

 

The flow of money, however, did not stop with police officials and local government officials. Saliao also recounted an incident when a certain Tadeo Sayson, a local prosecutor, visited Andal Sr. in hospital and received P5,000 for each signature that he affixes on several documents.

 

Asked what documents Andal Sr. were having signed by the prosecutor, Saliao said: "Hindi ko po napansin kung ano ang pinipirmahan."

 

Also according to Saliao, several months after Andal Sr.'s hospital arrest, the clan patriarch also ordered him to tell Ustadz Farid Adas, the clan patriarch's trusted man, to give Datu Odin Sinsuat P200 million on February 8.

 

After the implication of his son Andal Jr., who was being groomed to become Maguindanao governor before the massacre, Andal Sr. apparently decided to instead pit Sinsuat against rival Mangudadatu for the gubernatorial race.

 

Mangudadatu ended up beating Sinsuat in the May 10 automated elections by almost 13,000 votes.

 

On March 21, a certain "Chow," an alleged emissary of Andal Sr.'s grandson Nanu Ampatuan, delivered P90 million to Camp Panacan, where Andal Sr. was taken after being arrested at the Davao Doctors Hospital.

 

Saliao said the money was stored inside two luggage and three bags.

 

"I brought the bags to Andal Sr. and pretended that they were his clothes," said Saliao, explaining how he got away from being inspected by the military guarding the clan patriarch.

 

Fortun had branded Saliao's bribery claims as "incredible."

 

Christmas gift?

 

But even years before the massacre, principal suspect Andal Ampatuan Sr. had allegedly been handing out monetary incentives to his local chief executive in Maguindanao while he was governor.

 

In a testimony during one of the hearings in December last year, one of the members of the Mangudadatu clan, former Buluan Mayor Ibrahim Mangudadatu, said then-Maguindandao governor Andal Sr. allegedly gathered all mayors of the province on the Christmas eve of 2008 and gave them P200,000 each supposedly so they could all travel to Hong Kong.

 

Ibrahim also claimed Andal Sr. had repeatedly tried convincing Mangudadatu clan members not to go up against the Ampatuans in the local elections.

 

Asked during a break in the trial, Ibrahim's older brother and incumbent Maguindanao governor Esmael "Toto" Mangudadatu said he considered the money as "bribe money.”

 

“Para ipahiwatig na 'Ito pa rin ako. Hindi kayo puwede sumuporta kay Toto at kaya ko ito lahat. Ako pa rin ang boss niyo.'," said Esmael.  — ELR, GMA News