It’s final: Zaldy Ampatuan listed as accused in Maguindanao massacre

Former ARMM Gov. Zaldy Ampatuan. AFP FILE PHOTO

MANILA, Philippines—The Supreme Court stood pat in its June 2012 ruling affirming the Court of Appeals decision ordering the inclusion of former  Governor Zaldy Ampatuan of the Autonomous Region in Muslim Mindanao (ARMM) in the list of accused in the Maguindanao massacre.

In a three page resolution made public Wednesday, the high court denied the motion filed by Ampatuan for lack of merit.

“No further pleadings will be entertained in this case. Let entry of judgment be made in due course,” the high court said as it denied the motion with finality.

Ampatuan, in his second motion for reconsideration said his right to due process has been violated when the high court issued its June and August ruling denying his appeal without telling him on the facts and law it was based.

The high court, in its ruling said “when the court denies due course a petition for failure to show any reversible error committed by the Court of Appeals, there is no need to fully explain the Court’s denial.”

“Notably, the facts and laws are already discussed in the decision of the CA and the minute resolution denying due course the petition for review of the decision of the CA only means that the Court agrees with and/or adopts the findings and conclusions of the CA,” the high court said.

The former governor went to the high court after the Court of Appeals, on April 18, 2012, denied Ampatuan’s bid  to be excluded from the 58 counts of murder slapped against his father Andal Ampatuan Sr., his brother Andal Ampatuan Jr. and over a hundred more accused.

The appeals court through its 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 May 5, 2010, former Justice Secretary Alberto Agra issued a 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.

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.”