THE COURT of Appeals (CA) has upheld a Quezon City Regional Trial Court’s (RTC) decision denying the bail petition of former Autonomous Region in Muslim Mindanao (ARMM) governor Zaldy U. Ampatuan for his involvement in the 2009 Maguindanao massacre, where 58 people, including 32 journalists, were murdered.
CA Special Eight Division Associate Justice Marie Christine Azcarraga-Jacob, in a 23-page decision promulgated on April 18, dismissed for lack of merit Mr. Ampatuan’s plea to reverse the rulings of QC-RTC Branch 221 Presiding Judge Jocelyn Solis-Reyes on Sept. 15 and Nov. 15 in 2015.
The orders denied Mr. Ampatuan’s petition for bail based on strong evidence against him.
Mr. Ampatuan took it to the higher court, accusing Ms. Solis-Reyes of “gravely abusing its discretion amounting to lack or excess of jurisdiction,” the CA decision read.
“(Mr. Ampatuan) contended that the prosecution failed to present any credible evidence in support of its allegation that (he) was in conspiracy with 196 other accused in accomplishing the massacre,” it read further.
The CA, however, was not persuaded: “(H)istory will never forget the atrocities perpetrated on 23 November 2009, when 57 (sic) innocent civilians were massacred in Sitio Masalay, Municipality of Ampatuan, Maguindanao Province.”
“The tenor of (the) testimonies (against Mr. Ampatuan) appeared to be uniform and has consistently shown that (he) joined various discussions on the execution of the crimes,” the CA said.
The CA explained, “when the grant of bail is discretionary, the prosecution has the burden of showing that the evidence of guilt against the accused is strong. On this score, the determination of whether or not the evidence of guilt is strong, being a matter of judicial discretion, remains with the judge.”
“In the instant case, the evidence on record would suggest that, while there may be doubts as to (Mr. Ampatuan’s) overt act that may result in his criminal liability by reason of conspiracy, the presumption is great that he is probably guilty of the charges, therefore, bail should be refused,” the CA ruled.
Several members of the Ampatuan clan were accused of plotting the massacre, intended to thwart the political plans of their rival, incumbent Maguindanao Governor Esmael G. Mangudadatu, in the 2010 elections. Mr. Mangudadatu’s wife was among those killed in the massacre.
Out of the 197 accused, 15 were from the Ampatuan clan. Of the suspects, 115 have already been arrested, while 103 are still awaiting trial. — Dane Angelo M. Enerio
