CA junks petition to strike out cop’s testimony in Maguindanao massacre trial
Andal Ampatuan Jr. FILE PHOTO
MANILA, Philippines—The Court of Appeals has dismissed a petition by Maguindanao massacre suspect Andal Ampatuan Jr. to strike out the testimony of a policeman who claimed Ampatuan was among those who planned and executed the killings.
The Court’s Special Second Division ruled that Ampatuan’s certiorari petition lacked merit, saying the judge hearing the case, Jocelyn Solis-Reyes, did not gravely abuse her discretion in admitting the testimony of PO1 Rainier Ebus.
The justices also said a certiorari petition was not the proper remedy to correct mistakes in the judge’s findings and conclusions or to cure erroneous conclusions of law and fact.
“[I]t is our view that the testimony of PO1 Ebus is admissible as evidence for being competent and relevant, and not excluded by any provision or the rules,” the Court’s June 6 decision, written by Justice Manuel Barrios, stated.
The other division members, Justice Normandie Pizarro and Apolinario Bruselas Jr., concurred in the ruling.
The court said Ampatuan failed to prove reversible error, grave abuse of discretion, or “capricious and whimsical” exercise of judgment tantamount to lack of jurisdiction on the part of Judge Reyes.
In his testimony, Ebus claimed witnessing a meeting held at the mansion of the Ampatuan clan patriarch, Andal Sr., two days after the killings. The policeman said Andal Jr. told him and other companions that they would be seeking the then mayor on television the following day.
Ebus also claimed Andal Jr. ordered another policeman to hide firearms that were allegedly used in the killings.
The appellate court, however, said it was “easily discernible” that Ebus’ testimony as “relevant and competent” as it was directly related to the question of whether or not Andal Jr. was involved in the murders.
Ebus’ testimony also tended to prove whether or not there was indeed conspiracy between or among he accused, the court said.
