DOJ throws out murder charge against Maguindanao Governor

MANILA, Philippines—The Department of Justice (DoJ) dismissed the murder case filed against Maguindanao Governor Esmael “Toto” Mangudadatu. Mangudadatu was charged with the murder of Tamano Kamendan of Sharif Aguak, Ampatuan town, a close aide of former Maguindanao Governor Andal Ampatuan Sr.

The DoJ, in a resolution signed by Justice Undersecretary Leah Tanodra-Armamento, dismissed the case after the victim’s wife Natividad de Arce Kamendan submitted an affidavit of desistance, withdrawing the complaint she filed against the governor.

The Davao Prosecutors Office dismissed the case against Mangudadatu in March last year for lack of evidence. A petition for review was filed with the DoJ which Kamendan withdrew in a motion submitted May 27, 2011.

“The motion to withdraw appeal is hereby granted, and the petition for review is considered withdrawn,” the DoJ said.

It noted that under the Revised Manual for Prosecutors, an appeal or petition for review may be withdrawn “at any time before it is finally resolved, in which case the questioned resolution shall stand as if no appeal/ petition had been taken.”

The murder complaint was filed against Mangudadatu and his two bodyguards, PO1 Ibrahim Langalen and P01 Surab Lintukan Bantas, for the death of Kamenda.

Kamenda was killed inside the Gaisano South Citimall early last year. A witness said the man grabbed the hand of one of Mangudadatu’s daughters, who then shouted for help. The two escorts admitted firing at Kamendan.

A criminal case was immediately filed in court against the two escorts.