CA upholds ruling on release of Ampatuan son
The Court of Appeals upheld the decision of the Quezon City Regional Trial Court allowing the son of former Maguindanao governor and clan patriarch Andal Ampatuan Sr. to be released from jail.
In a 10-page decision, the appeals court 16th division through Associate Justice Marie Christine Azcarrage-Jacob dismissed the appeal filed by government prosecutors which sought a reversal of QCRTC Branch 221 Judge Jocelyn Solis-Reyes that granted Datu Sajid Islam Ampatuan to post bail on Jan. 9, 2015.
The CA said the prosecution’s petition is bereft of merit.
Sajid Islam Ampatuan was released from detention in March 2015 after posting P200,000 per murder count or a total of P11.6 million for the 58 counts of murder in connection with the Maguindanao massacre.
The lower court, in allowing Sajid Ampatuan to post bail said his mere presence during the three meetings with the other accused allegedly to plot the massacre does not constitute strong evidence of guilt to deny his motion.
The lower court said based on evidence Sajid did not utter any word while matters related to the crime were supposedly being discussed by the other respondents.
Article continues after this advertisementIn affirming the trial court’s order, the appeals court said there was no grave abuse of discretion on the part Judge Solis-Reyes in issuing the assailed order.
Article continues after this advertisement“In the instant case, the Court finds that public respondent did not act in a whimsical, arbitrary and capricious manner when she granted private respondent’s motion for bail,” the appeals court said.
The appeals court said a hearing was conducted and the prosecution had the opportunity to present evidence.
It pointed out that the judge decision to disregard the testimonies of Mohammad Sangki and P/Insp/ Rex Ariel Diongon did not constitute grave abuse of discretion sufficient to warrant the granting of the appeal.
The appellate court noted that both witnesses were not discharged as state witness, thus, it is within the discretion of Judge Solis-Reyes to refuse to give merit to their testimonies.
Even if the testimonies of the two witnesses would be accommodated, the appeals court said these were not sufficient to establish that Sajid conspired with the other respondents in the Maguindanao massacre case.
“We defer to the findings of the public respondent particularly because of her unique position to directly observe the demeanor of a witness while testifying on the stand. From its vantage point, the court a quo is in the best position to determine the truthfulness of witness,” the appeals court said.
“The findings were arrived at in the exercise of public respondent’s sound discretion after considering the evidence adduced by the prosecution. Perforce, the assailed orders may not be disturbed,” it added.
Concurring with the ruling were Associate Justices Ricardo Rosario and Edwin Sorongon. CDG
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