SC upholds Ombudsman ruling in 2009 Maguindanao massacre
THE Supreme Court has upheld the decision of the Ombudsman dismissing the graft complaint filed against two Army officials over their alleged failure to protect journalists who were among the 58 individuals killed in the 2009 Maguindanao massacre.
In upholding the Ombudsman’s decision on the case filed by the relatives of over two dozen print and broadcast journalists killed, the High Court’s Second Division said it found no grave abuse of discretion when the Ombudsman cleared Army Maj. General Alfredo Cayton Jr. and Col. Medardo Geslani of liability.
Cayton was the commanding general of the Army’s 6th Infantry Division based in Awang, Cotabato while Geslani was the commanding officer of the 601st Infantry Brigade.
Cayton and Geslani were sued for not granting requests for military security escorts to the convoy of the Mangudadatu camp from Buluan, Maguindanao to Shariff Aguak, which was going to file the certificate of candidacy for the 2010 gubernatorial run of then Buluan Vice Mayor Esmael “Toto” Mangudadatu.
The convoy was waylaid by gunmen deployed by the Ampatuan clan.
The petitioners had challenged the Ombudsman’s joint resolution and order on June 22, 2011 and October 2, 2012, respectively, which dismissed the complaint against the two Army officials.
They said Cayton and Geslani were aware of the threat the convoy faced given the long-standing animosity and rivalry between the opposing Mangudadatu and Ampatuan camps as well as reports from their intelligence operatives.
They also alleged the two Army officials favored the Ampatuans by providing them security escorts, including then-Mayor Andal Ampatuan Jr., the rival of Mangudadatu for the gubernatorial post in Maguindanao at that time.
But the SC, through Senior Associate Justice Marvic Leonen, said the petitioners failed to provide evidence to back up their claims.
The SC ruling promulgated on October 12, 2022 but only made public last June 25 said it is clear the military is not allowed to provide escorts to candidates.
“The provision of security escorts by the Armed Forces of the Philippines to candidates is explicitly prohibited in the relevant memorandum of agreement between the Department of
