CA tells Zaldy Ampatuan to prove his case in court

BAGUIO CITY, Philippines—The Court of Appeals on Wednesday told detained former Autonomous Region in Muslim Mindanao (ARMM) governor Zaldy Ampatuan to prove his case in court as it dismissed his appeal to reinstate a Department of Justice (DoJ) resolution absolving him from the Maguindanao massacre case.

In a 16-page resolution, the appeals court Special Former Eleventh Division through Associate Justice Noel Tijam said Ampatuan has enough opportunity to prove his innocence in court.

“The trial is still ongoing and petitioner is neither barred nor denied the right to foist whatever valid defense he has. For the entire duration of the trial, he has ample opportunity to confront and discredit the witnesses against him,” Tijam said.

In November last year, the appeals court dismissed the bid of Ampatuan to avoid indictment in connection with the massacre.

The appeals court said then Justice Secretary Alberto Agra did not commit a grave abuse of discretion when he issued his May 5, 2010, resolution reinstating Ampatuan as a primary accused in the multiple murder case.

The assailed resolution reversed Agra’s own April 16, 2010, order absolving Ampatuan of any complicity in the Nov. 23, 2009, massacre allegedly orchestrated by his then powerful clan.

In its recent ruling, the appeals court explained that to order the DoJ to conduct a reinvestigation on the case “would cause a grave injustice both to the prosecution as well as to the defense.” It added that it is not empowered to dictate upon the DoJ how a preliminary should be conducted.”

“The search for the truth must be hastened, once and for all so that the guilty will be punished and the innocent will be exonerated without delay,” the appeals court added.