MANILA, Philippines – The Court of Appeals on Thursday upheld the indictment of a scion of the once powerful Ampatuan clan in connection with the Maguindanao massacre.
In a 37-page ruling, the appellate court junked the petition for certiorari of former Mamasapano, Maguindanao Mayor Akmad Ampatuan questioning the May 5, 2010, resolution of then Justice Secretary Alberto Agra, which affirmed the filing of multiple murder case against him and 196 others.
“In sum, we find no reversible error committed by the public respondents in finding probable cause to indict petitioner for multiple murder,” the ruling penned by Associate Justice Francisco Acosta said.
The court dismissed as “misplaced and premature” Ampatuan’s protest that there was no prima facie evidence to implicate him in the killings.
Ampatuan’s argument that witness Takpan Manibpel Dilon was referring to another person, not him, in his testimony should be resolved at a full-blown trial, the court said.
The appeals court said the “pieces of evidence and factual circumstances” considered showed that Ampatuan “is probably guilty” of involvement in the Nov. 23, 2009 slaughter of 57 people, including media workers.
“We are not here preemptively judging the merits of petitioner’s case nor are we ruling on petitioner’s culpability or the lack thereof. At this point in time, these matters are best left to the proper court which is tasked to assess the merits of a party’s accusation or defense as well as the weight and probative value of evidence presented,” the court said.
Ampatuan went to the Court of Appeals asking that it revoke the May 5 resolution and affirm the April 2010 ruling clearing him of the murder charges.
Agra granted the petition for review filed by Akmad and co-accused Zaldy Ampatuan seeking the reversal of the resolution of a panel of prosecutors that found probable cause to indict them.
Agra said the defense of alibi of the Ampatuans was stronger than the testimony of witness Kenny Dalandag implicating the two accused.
The April 2010 resolution drew outrage from relatives of the victims. The prosecutors even publicly called on Agra to revoke the resolution.
On May 5, 2010, Agra reversed his April resolution after private prosecution lawyer Nena Santos submitted an affidavit of a new witness, Abdul Talusan.
Leaders of the Ampatuan clan – including former Maguindanao governor Andal Ampatuan Sr., and his sons, former Datu Unsay town mayor Andal Jr., and former Autonomous Region in Muslim Mindanao governor Zaldy Ampatuan – were charged with the mass murder.
A 58th victim, a local journalist, who was confirmed to be with the victims at the time of the slaughter, remains missing to this day.
Originally posted at 6:12 p.m.