Maguindanao massacre: Accused now in witness program

By: 11 years ago

Site of the Maguindanao massacre. INQUIRER FILE PHOTO

MANILA, Philippines—The Philippine National Police has transferred custody of an accused turned state witness in the 2009 Maguindanao massacre to the Witness Protection Program.

Esmael Canapia is now in the DOJ program following his admission as a witness against the other 195 accused.

In a March 17 letter to Judge Jocelyn Solis-Reyes of Quezon City Regional Trial Court Branch 221, Custodial Center head Supt. Mario Pagulayan Malana said they turned Canapia over to two WPP internal security officers on March 15.

Previously, Reyes allowed the discharge as an accused of Canapia and made him a witness in the Nov. 23, 2009, Maguindanao massacre.

“There is no argument that the discharge of an accused operates as an acquittal pursuant to Section 18, Rule 119 of the Revised Rules of Criminal Procedure,” read the order.

The prosecution had asked for Canapia’s release to the WPP, since this was not expressly directed in the order allowing him to be a witness.

The prosecutors also appealed to the court to issue an order recalling him to the witness stand.

Canapia is set to testify anew on March 27 against all the accused arraigned after Aug. 27, 2012, which was the last time he testified.

Canapia was a militiaman and was the prosecution panel’s second witness after the court last year allowed the discharge from charges of Vice Mayor Sukarno Badal.

The prosecution has maintained that Canapia’s testimony can be direct evidence which can be also corroborated.

In her ruling, Reyes said Canapia was able to identify suspects such as Armando Ambalgan alias Omar Bulatukan; Maot Dumla, alias Not Abdul; Ibrahim Kamal Tatak, alias Thong Guiamano, and Rakim Kenog, alias Rakim Amil. Julie M. Aurelio