10 cops in Maguindanao massacre case seek separate trial

MANILA, Philippines—Ten policemen, who are among the accused in the Maguindanao massacre case, are asking a Quezon City court to hold a separate trial so that they can exercise their right to a speedy disposition of their case.

The police officers, through lawyer Adilberto Golla Jr., said they are still waiting for the prosecution to establish their conspiracy with the other accused since their arraignment on April 21, 2010.

They added that they have yet to see any document in the evidence marked during the pre-trial conference “with probative value” to establish the alleged complicity.

According to the accused policemen, the only fact established so far is that they are members of the 1508th Police Mobile Group and that they were present when the 57 victims of the massacre were abducted.

“It is a clear violation of the basic rights protected by the Constitution of all the accused police officers, who are suffering in jail despite no evidence against them and the prosecution included them as witnesses, if we will allow them to wait until the prosecution terminates their presentation of evidence in chief and after their 227 witnesses testified before they could make their necessary remedy for speedy disposition of their case.”

The accused in the motion for separate trial are: Police Officer 1 Herich Amaba, PO3 Rasid Anton; PO2 Hernanie Decipulo; PO3 Felix Anate; PO1 Esprielito Lejarso; PO1 Narkouk Mascud; SPO1 Eduardo Ong; PO2 Saudi Pasutan; PO1 Arnulfo Soriano and PO1 Pia Ka Mudin.

They are among the 196 accused who are facing multiple murder charges for the deaths of at least 57 people, 31 of whom were journalists, on November 23, 2009 in Ampatuan town, Maguindanao province. One reporter remains missing to this day.

In asking for a separate trial, the accused cited Rule 119, Section 16 of the Revised Rules of Court.

The rule states that “when two or more accused are jointly charged with an offense, they shall be tried jointly unless the court, in its discretion and upon motion of the prosecution or any of the accused, orders separate trial for one or more accused.”

The accused police officers said their mere presence at the place where the victims were abducted does not automatically establish their alleged participation in the massacre.

“The fact that all the accused were languishing in jail for more than one year from the time they were arraigned until now, is a clear violation of their right for speedy trial and right for speedy disposition of their case as guaranteed by the Bill of Rights,” the motion read.

The 10 are currently detained at the Quezon City Jail Annex where the other accused, such as principal suspect Andal Ampatuan Jr., are held.