Three CA Justices beg off from ruling on Zaldy Ampatuan’s acquittal petition

MANILA, Philippines—Three Justices of the Court of Appeals (CA) inhibited themselves on Thursday from handling the petition filed by former Governor Zaldy Ampatuan asking that the CA reinstate the Department of Justice (DoJ) ruling acquitting him from the 57 counts of murder in connection with the Maguindanao massacre case.

Associate Justices Danton Bueser, Josefina Salonga and Marilyn Gonzales-Sison voluntarily inhibited themselves from the case involving the former Governor of the Autonomous Region in Muslim Mindanao (ARMM). The Raffle Division of the Court of Appeals later refused to disclose the reason for the three Justices’ decision, saying it was confidential.

Bueser and Sison are original members of the Special 10^th Division of the Court of Appeals, which is handling the appeal filed by the suspended governor.

When Bueser inhibited himself, a raffle was conducted, and the case was assigned to Salonga. But Salonga likewise begged off from hearing the petition, and the case was assigned to Associate Justice Antonio Villamor.

A separate raffle was conducted after Sison also inhibited herself from the case. Associate Justice Romeo Barza was tapped to replace her.

Under the Internal Rules of the Court of Appeals (IRCA), a Justice may voluntarily inhibit himself, or herself,  from hearing a case for a valid reason. He should notify immediately, however,  in writing, the Raffle Committee and the members of the Division.

Relatives of the victims of the Maguindanao massacre sought the inhibition of Bueser and Sison, saying that since the two inhibited themselves from handling the petition of Andal Ampatuan Sr., it was only proper that they likewise inhibit themselves from the petition filed by Zaldy Ampatuan.

Other Justices handling the case are Associate Justices Mario Guarina III, Jose Reyes Jr. and Noel Tijam.

The suspended governor told the appeals court in a memorandum submitted last year that the Department of Justice violated its own rules when it reinstated the 57 counts of murder against him.

He urged the appeals court to reinstate the April 2010 resolution of the Department of Justice that absolved him from the massacre.