58th murder rap over Maguindanao massacre withdrawn due to errors

MANILA, Philippines — State prosecutors are set to withdraw the filing in court of the 58th count of murder against the accused in the 2009 Maguindanao massacre allegedly due to errors in the list of persons to be indicted for the new information.

In a one-page October 1 order, Quezon City regional trial court Judge Jocelyn Solis-Reyes of branch 221 cited a manifestation filed by Department of Justice (DOJ) prosecutor Aristotle Reyes with the court for an urgent motion to withdraw the information on the killing of the 58th massacre victim Reynaldo Momay.

The judge stated she would hold in abeyance any appropriate action pending the DOJ filing of its urgent ex-parte motion for the withdrawal of the information together with attachments pertaining to Momay’s murder.

A court staff told the Philippine Daily Inquirer that in manifesting the intention to withdraw the 58th information, the state prosecutor cited “corrections” to be made on the charge sheet.

It was learned that in the July 2 resolution drafted by assistant state prosecutor Bernardo Parico, he had recommended 196 accused to be indicted for the 58th count of murder.

The list still included Police Officer 1 Johann Draper, a former security escort of one of the sons of the primary suspect in the November 23, 2009 massacre Andal Ampatuan Jr, although the murder cases filed against him had already been dismissed in July, 2010 after the court found lack of probable cause to indict him.

Draper has sought his reinstatement in the police force, after he was dropped from the charge sheet, filing a motion with the National Police Commission to immediately resolve an administrative case of gross misconduct against him in connection with the Maguindanao massacre.

On the other hand, the information filed by state prosecutors still indicated 197 accused, apparently still listing down Draper and Police Officer 2 Hernanie Decipulo, who supposedly killed himself in February by leaping off the fourth floor of the Camp Bagong Diwa detention facility in Taguig City.

The dismissal of the case against Draper and Decipulo’s death put to 195 the number of the accused for the Maguindanao massacre. To date 96 of the accused have been arrested and detained and 78 of them arraigned for 57 counts of murder.