QC court junks motions for separate trials of cops in massacre case
A BODY is recovered from a shallow grave in Datu Ampatuan, Maguindanao, where at least 50 bodies were found. REM ZAMORA
MANILA, Philippines—A Quezon City court has turned down the requests for separate trials of several policemen belonging to the 1507th and 1508th Provincial Mobile Group accused of involvement in the 2009 Maguindanao massacre.
In a five-page order dated May 11, Judge Jocelyn Solis-Reyes of Regional Trial Court Branch 221 denied the three motions for separate trial for lack of merit.
The court pointed out that the Supreme Court, in a January 2011 ruling, had dismissed a similar request for separate trial of Datu Akmad “Tato” Ampatuan et al because the 57 murder cases arose from one incident, thus its consolidation into one trial.
It added that while the court has the discretion to hold a separate trial and that this might cause delay in the recall of witnesses for the presentation of common witnesses, “the court will find it hard to grant the relief being prayed for.”
“Even assuming that the prosecution will still present several witnesses before resting its case, accused-movants cannot claim that their right to a speedy trial will be violated,” the order read.
The court added: “Be that as it may, accused-movants are not without remedy. If as they claim, the prosecution has failed to adduce evidence, documentary and testimonial that will prove conspiracy with the other accused they can post bail or file the appropriate pleading after the prosecution has rested its case in the bail hearing or after the presentation of evidence in chief.”
The policemen seeking separate trial are among the 196 facing 57 counts of murder for the November 23, 2009 Maguindanao massacre.
The policemen are: PO1 Herich Amaba, PO3 Rasid Anton, PO2 Hernani Decipulo, PO3 Felix Enate, PO1 Esprielito Lejarso, PO1 Narkouk Mascud, SPO1 Eduardo Ong, PO2 Saudi Pasutan, PO1 Arnulfo Soriano and PO1 Pia Kamidun;
SPO2 George Labayen, SPO1 Elizer Rendaje, SPO1 Alimola Guinaton, PO3 Ricky Balanueco, PO2 Rexson Guima, PO1 Amir Solaiman, PO1 Ebara Bebot, PO1 Tamano Hadi, PO1 Michael Macarongon, PO1 Pendatun Dima, PO1 Mahamad Balading and PO1 Bensidik Alfonso;PO2 Saudiar Uliah and the group of SPO1 Solano.
The policemen invoked their right to a speedy trial in seeking separate trials from the rest of the accused, pointing out that the prosecution plans to present 250 witnesses.
They also maintained that aside from being members of the 1507th and 1508th PMG in Maguindanao, there was no documentary evidence pointing to their alleged participation in the conspiracy.
The prosecution panel has repeatedly opposed their motions for separate trial as this would pose burdens on the state, the courts and the witnesses who are mostly from Mindanao.
But the court noted that the panel has manifested that it does not intend to present all the listed witnesses.
Reyes added that the policemen’s claim of injustice and violation of right to speedy trial if they waited for the prosecution to terminate its presentation of evidence was without basis.
She also pointed out that though the court has discretion over separate trials, such pleas are granted when antagonism is apparent in the respective defenses of the accused.
The court said the accused failed to allege their antagonistic defenses in their motions for separate trial.
