Maguindanao massacre case file now 38 volumes thick but 103 suspects still at large

MANILA, Philippines—In a span of just two years, the case file of the Maguindanao massacre in this Quezon City court has reached a whopping 38 volumes of pleadings and orders—with documents being filed almost everyday.

But despite the pile of motions and requests, justice still seems far away for some of the relatives of the 57 victims killed on Nov. 23, 2009.

“After two years of hearings, this case has a long way to go, and we need relief for the victims’ families,” said outspoken lawyer Harry Roque, who represents 15 victims.

Indeed, the 38 folders of court documents – with each folder at least two inches thick – foreshadow the long legal battle for the victims and the 196 accused in the case, led by Andal Ampatuan Jr.

There is only one clerk of court in charge of criminal cases and the Maguindanao massacre, and he is tasked to make sure that all folders are ready for the perusal of the lady judge hearing the case.

Judge Jocelyn Solis-Reyes of the Regional Trial Court Branch 221 has been regularly conducting two hearings every week at the Camp Bagong Diwa in Taguig City, although some hearings are held in Quezon City.

The judge, normally shy before the cameras, transforms into a firm administrator inside the courtroom.

She has been accused, at times, of partiality.

A court staff told the Philippine Daily Inquirer that so far, seven motions for Reyes’ inhibition (also called recusation) have been filed since 2010.

“Five of the recusations were from Andal Jr. and Andal Sr.,” the employee said on condition of anonymity.

Reyes has junked five of the seven pleadings for her inhibition, with two more – also lodged by the Ampatuans – still awaiting resolution.

The court is currently hearing the bail petitions of the accused, notably the one filed by Andal Jr.

A petition for bail is filed in court on the grounds that the prosecution evidence against the accused is not strong enough to prove the accused’s guilt.

Of the 196 accused in the case, 50 persons have asked the court in separate petitions to allow them to post bail for their temporary liberty.

The court employee said these persons lodged their bail petitions in 14 separate pleadings, including that of Andal Jr. The court has yet to resolve any of these bail petitions, however.

Court records also showed that only 93 of the 196 accused have been arrested by law enforcement authorities and detained for the trial.

This means that 103 murder suspects are still roaming free despite the multiple murder raps filed against them in December 2009.

“Also, 64 out of the 93 accused have been arraigned so far,” the court staff added.

Reyes’ sala formally received the cases on Dec. 17, 2009 after Judge Luisito Cortez of Branch 84 declined from handling the case.

According to private prosecutor Nena Santos, counsel for Maguindanao governor Esmael “Toto” Mangundadatu who lost his wife, two sisters and supporters in the massacre, the victims will continue to be vigilant in watching the trial.

“We hope that there will be less distractions for the court in the form of defense motions that had succeeded in stopping the trial for more than six months in the first year and the change of the panel in the second year,” she added.