Court affirms order to arrest Lanao mayor
By Julie M. Aurelio
Philippine Daily Inquirer
First Posted 23:39:00 03/27/2008
MANILA, Philippines – A Makati City Court has upheld its earlier decision to issue a warrant of arrest against a Lanao del Sur mayor accused of killing a Philippine Army captain in a jealous rage in Cagayan de Oro in 2005.
Judge Mary Ann Corpus-Manalac of Regional Trial Court Branch 141 denied with finality the appeal of Kanai, Lanao del Sur Mayor Aminolah Mangarun and a Lininding Ampal in a three-page order.
The decision is expected to pave the way for the murder trial against the two suspects once they are arrested and brought to court two years after their alleged crime.
Mangarun and Ampal are facing charges for the December 2005 double murders of Capt. Sadat Tamano and his aide Sgt. Nabral Bara after the Supreme Court ordered the transfer of the case to Makati City.
In a three-page order, Manalac pointed out that the positive identification by witnesses Ruel Villa and Bashir Salisip “warranted the finding of probable cause to proceed against the accused.”
Mangarun earlier filed a motion to lift the arrest warrant against him, questioning the court’s finding of probable cause against him as he claimed that the witnesses were not credible enough.
Manalac said the court recognized the issue of credibility of the witnesses, but pointed out that this could only be determined during trial.
“The said issue is more appropriately determined during a full-blown trial and not at this stage when the issue pertains merely on the probability of the crime allegedly committed by the accused,” she explained in her order.
Mangarun’s camp previously filed an appeal before the Office of the President, seeking a reversal of a Department of Justice resolution that found probable cause to indict them for double murder.
Manalac, however, ruled in favor of the prosecution, which argued that Salisip’s recantation of his testimony was dubious and that Villa, though a professional witness, had no reason to lie.
The judge also stressed that an administrative appeal to the Office of the President of a DOJ ruling “does not deprive court of jurisdiction over the case.”
Manalac added that the judiciary and the executive are distinct branches of government with powers and functions independent of each other.
In December 2005, Tamano and Bara were ambushed in Cagayan de Oro, allegedly for having an affair with Mangarun’s wife. The Tamano family, however, denied the allegation.
Mangarun, a certain colonel Pilimpinas Dagalangit and Ampal were later tagged and charged with their alleged involvement in the ambush.
The Makati City court has junked the case against Dagalangit, finding insufficient basis to indict him on murder charges.
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