QC court asked to reverse order allowing minor accused in massacre to post bail

MANILA, Philippines—Pointing out the magnitude of the Maguindanao massacre, prosecutors are asking a Quezon City court to reverse an earlier order allowing an accused, who was a minor at the time of the crime in 2009, to post bail for murder charges.

Claiming that the release of the accused may pose threats to the families of the 57 victims, the prosecution sought for the continued detention of the now 18-year-old accused, a militiaman.

“The probability that he will be used as a tool by his co-accused who remain incarcerated for whatever sinister plans cannot be discounted,” the panel led by prosecutor Peter Medalle said.

In a nine-page motion for reconsideration, the prosecutors asked Judge Jocelyn Solis-Reyes to junk her previous ruling granting either release on recognizance or bail for the young accused.

The accused was 16 years old when the massacre occurred on November 23, 2009.

The accused, whose name is withheld in light of his age, earlier asked the court to allow him to post bail. The court initially denied this appeal but allowed him to be released in a later ruling.

Reyes prescribed a bail of P200,000 for each of the 57 counts of murder, totaling P11.4 million, for his liberty, or the accused can be released on recognizance to a parent or guardian.

She also directed his transfer to the Molave Youth Home in Quezon City pending the submission of required documents for his temporary liberty.

But the prosecution argued that the accused, who will turn 19 on March 24, should be disqualified from the application of the Juvenile Justice and Welfare Act.

They noted that the young suspect is not only facing one but 57 counts of murder, thus the magnitude of the charges against him should exclude him from the Juvenile Justice and Welfare Act.

They added that he was in close association with the principal suspects, mostly members of the Ampatuan clan led  Andal Ampatuan Jr., former mayor of Datu Unsay town.

Thus, there is no guarantee that the young suspect will no longer be associated with them once he is released on recognizance from detention.

“Doubtless, his release will pose more threats to the families not only of the private complainants but to the prospective prosecution witnesses as well,” the prosecutors argued in their appeal.

Releasing him to his parents, they added, is no assurance that he will become a “rehabilitated and changed person” which is the thrust of the Juvenile Justice and Welfare Act.

The appeal noted that the accused, instead of going to school, ended up in the employ of the Ampatuan clan and is now charged of having participated in the Maguindanao massacre.

This, they added, puts into question his parents’ suitability to have custody of him as he got “involved” in the massacre because of the seeming “lack of proper guidance.”

The prosecution pointed out that if the accused were set free, albeit temporarily, he will be reunited with his parents in his hometown of Shariff Aguak in Maguindanao.

This, they said, will later pose a problem should the court require his appearance in hearings in Quezon City or in Camp Bagong Diwa.

“There is no gainsaying that as one of the conditions for his release on recognizance is the commitment that he will appear in court whenever required. Notwithstanding, this will not assuredly prevent his disappearance, particularly his flight out of the Philippines,” Medalle et al said.

That the young accused allegedly participated in the ghastly murder and even lied about his age puts his “moral depravity under question,” the motion said.

“Considering these negative tendencies, there is neither absolute assurance that accused will better fare nor repeat these acts once out of detention. Hence his continued detention is imperative.”