“As the years pass, it becomes easier for the world to move on. But for the families left behind, there is no moving on.”

CAGAYAN DE ORO — The daughter of Reynaldo “Bebot” Momay, one of the slain journalists and media workers in the 2009 Ampatuan massacre, asked again the Court of Appeals (CA) to judicially recognize her father as the 58th victim.

Maria Reynafe Momay-Castillo, together with her legal counsel, filed the manifestation with reiterative motion before the appellate court in Manila on August 14, expressing her persistent hope to achieve justice.

“As the years pass, it becomes easier for the world to move on. But for the families left behind, there is no moving on. There is only learning how to carry the loss while continuing to hope that their lives will never be forgotten,” Momay-Castillo said in her manifestation.

Read: Justice still elusive after 16 years of Ampatuan massacre

Her father whose remains have never been recovered was a photojournalist for the Midland Review. 

The family stressed that he was one of the 32 journalists and media workers who were part of the convoy, together with the family of Esmael “Toto” Mangudadatu, to cover the latter’s certificate of candidacy for the 2010 gubernatorial elections.

On November 23, 2009, 58 individuals, including family members of Mangudadatu, two lawyers, and motorists who passed the same route, were killed after they were ambushed while traveling to Shariff Aguak, Maguindanao (now Maguindanao del Sur). The victims were buried in mass graves in Sitio Masalay, Barangay Salman, Ampatuan town.

Why wasn’t he recognized?

In its consolidated partial decision dated December 19, 2019, the Quezon City Regional Trial Court Branch 221 ruled that the prosecution failed to sufficiently establish the death of Momay. This explains why only 57 counts of murder were imposed on the convicted individuals, and Momay’s heirs were not granted any compensation for damages. 

The court said that the prosecution only established that Momay could no longer be found after he was seen with the convoy on November 23, 2009. It said that his death could not be ascertained since no cadaver was found and no death certificate was presented.

Authorities recovered a partial upper denture in the crime scene eight days after the massacre. It reportedly belonged to Momay. The victim’s live-in partner for 22 years testified that it was the same denture she cleaned every night. A certain missionary also confirmed to investigators that he was the one who made the denture because of the special marking.

The court, however, ruled that their testimonies did not sufficiently establish that it belonged to the photojournalist. “Ergo, this court concludes that the first element of murder – ‘that a person was killed’ – is absent in this case. The 58th count of murder will not prosper for it lacks corpus delicti.”

No closure

The family stressed that the brutal incident still causes strong pain, as they have no closure due to Momay’s unrecovered remains. They urged the appellate court to reconsider its December 2019 decision.

“It reminds us that justice is not only about court decisions. Justice is also about remembering. It is about refusing to let history fade into silence. It is about ensuring that future generations know what happened and why it should never happen again,” Momay-Castillo said.

For the family and lawyers, the non-recognition of Momay as a victim is “a profound failure” that demands urgent rectification.

Almost 17 years have passed since the gruesome incident but full justice remains elusive, as only 44 individuals, including prominent members of the Ampatuan clan, were convicted. Many of the accused remain at large.

Last year, the Center for International Law (CenterLaw) Philippines, which handles the case of 19 victims, including Momay, filed a motion asking the CA to resolve their consolidated appeals without further delay. Lawyer Gilbert Andres, CenterLaw Philippines executive director, told Bulatlat that they have yet to receive any update.

“The passage of time—now moving towards 17 years—cannot diminish the Philippine State’s obligations to ensure accountability for grave human rights violations,” the manifestation stated. (DAA)