MASSACRE SITE, Ampatuan, Maguindanao (MindaNews / 22 November) – Princess Arianna was only seven months old when her father, John Caniban of Periodico Ini in General Santos City, was killed here on November 23, 2009 along with 57 others in the worst pre-election violence in Philippine history and the world’s worst single-day attack on media workers.
Princess, who dreams of becoming a teacher or a nurse, suffers from rheumatic heart disease and badly needs the 350,000 pesos that the regional trial court ordered the Ampatuans and other principals to pay the heirs of Caniban.
But it will be a long wait for Caniban’s widow, Argie, and their only child, Princess, to receive that amount. The Ampatuans had appealed the case and according to Nena Santos, lawyer for the Canibans and other families of the slain media workers, the case is still pending at the Court of Appeals. If the CA affirms the decision of the lower court, the Ampatuans are likely to appeal to the Supreme Court.
Princess Ariana Caniban was only seven months old when her father John was killed along with 57 others in Ampatuan, Maguindanao on 23 November 2009. Now 13 and suffering from a rheumatic heart disease, Princess says she needs help so she will get well. She dreams of becoming a teacher or a nurse someday. MindaNews photo by GREGORIO C. BUENO
The 155.5 million pesos the court ordered the principals to pay the heirs of the victims can only be given to them when the ruling becomes final.
In her 761-page decision, Judge Jocelyn Solis-Reyes of Regional Trial Court Branch 221 in Quezon City found Datu Andal “Unsay” Ampatuan, his brothers Zaldy and Anwar and 25 other principals guilty beyond reasonable doubt for the November 23, 2009 massacre and ordered them to pay the heirs of 57 victims a total of 155.5 million pesos for civil indemnity; moral, exemplary, temperate and actual damages; and loss of earning capacity.
The 58th victim, Reynaldo Momay, was not included in the ruling because according to the court, “whether Momay died or was missing” after November 23, 2009 “could not be ascertained as no evidence of his actual death was adduced.”
“He has no cadaver and neither was his death certificate presented on record,” the court said. Momay’s daughter, Reynafe, appealed the decision in January 2020.
Families of media workers who were massacred on November 23, 2009 in Ampatuan, Maguindanao gather on Sunday, 20 November 2022 at the massacre site, the first visit after the verdict was handed down in December 2019 finding Andal Ampatuan, Jr. and his siblings Zalday and Anwar among those guilty beyond reasonable doubt.. The pandemic prevented the families from visiting in 2020 and 2021. MindaNews photo by GREGORIO C. BUENO
All 57, according to the ruling, will receive 350,000 pesos each for civil indemnity (100,000 pesos), moral damages (100,000), exemplary (100,000). Most were given temperate damages of 50,000 as their claimed actual damages were not accepted for lack of receipts and other evidence. The total amounts for each victim vary – with 300,000 pesos as the lowest and 23.56 million pesos as the highest – due to actual damages and loss of earning capacity.
Every 21 days
Now in Grade 8 in Koronadal City, Princess needs injection every 21 days, quarterly check-up and tests, and maintenance medicines which her mother could hardly afford. Argie worked in a fastfood chain but resigned last week to prepare to work overseas to be able to send money home for Princess’ medical needs and education.
Argie had worked abroad when Princess was three years old but returned home due to a traumatic experience.
At the gathering here of families of massacre victims last Sunday, November 20, for a mass and short program to commemorate the 13th death anniversary of the victims, Princess spoke of her medical condition and her need for help to ensure “maayo gid ko” (I will be well).. She was not able to complete her narration as she broke down in quiet sobs.
The families of 19 of the 32 slain media workers gathered here last Sunday for a mass and candle-lighting to commemorate the 13th death anniversary of the victims. It was the first face-to-face gathering here since the verdict was handed down in December 2019.
The last gathering here was in November 2019.
Emily Lopez, chair of Justice Now, the association of relatives of the massacre victims, thanked the families for holding on their principles in their now 13-year quest for justice.
The December 2019 ruling, she said, “gave us partial justice.” She urged everyone to continue the fight to ensure they get “absolute justice.” She also expressed their support for Reynafe’s appeal for the court to recognize her father as the 58th victim.
Bodies exhumed from the mass graves at the massacre site in Sitio Masalay, Barangay Salman in Ampatuan, Maguindanao in this photo taken on 25 November 2009. The remains of Reynaldo Momay, photographer at the Midland Review in Tacurong City, were never found, but for his dentures at the massacre site. MindaNews photo by FROILAN GALLARDO
“Forgetting is not an option,” Lopez said.
She called on the media to help check on the lifestyle of the detained Ampatuans “baka nagbuhay mayaman sa loob” (they might still be living luxuriously inside).
She appealed to the judiciary to act swiftly on the appeals.
Jonathan de Santos, chair of the National Union of Journalists of the Philippines (NUJP) said the fight is not over. “Di pa tapos itong kasong ito” (this case is not over), he said. (Carolyn O. Arguillas / MindaNews)