CA dismisses appeal of Maguindanao Mayor Akmad Ampatuan

MANILA, Philippines—The Court of Appeals dismissed for lack of merit the appeal filed by former Mamasapano, Maguindanao Mayor Akmad Ampatuan as it reiterated its August, 2011 ruling that he should face trial for 57 counts of murder in connection with the Maguindanao massacre.

In a three page resolution dated Jan. 3 but was released to the media only today (Thursday), the Court of Appeals’ former 16^th division through Associate Justice Francisco Acosta said “finding no new matter of substance, which would warrant the modification much less the reversal of the assailed decision, petitioner’s motion for reconsideration is hereby denied for lack of merit.”

Ampatuan, one of the principal accused in the murder of 57 people with one still missing said there is lack of prima facie evidence against him is “misplaced and premature.”

The appeals court, in its August, 2011 ruling said Ampatuan’s argument that witness Takpan Manibpel Dilon referred to another person in his testimony and not him should be addressed at a full-blown trial.

“Even as this Court carefully and deliberately reviewed the records of the case and the documentary evidence of petitioner and private respondents, we find no discretion gravely abused sufficient to overturn public respondent’s finding of a probable cause against petitioner,” the appeals court said.

“Measured under the foregoing criteria, we find supported by the evidence on record public respondent’s conclusion that there is probable cause to hold petitioner for trial,” it added.

The appeals court added that then Justice Secretary Alberto Agra did not abuse his discretion when he ordered the prosecution of Ampatuan.

First, the appeals court said while Akmad Ampatuan was not among those included in the complaint filed by the National Bureau of Investigation (NBI) and the Philippine National Police-Criminal Investigation Group, he submitted his counter-affidavit “therein described himself as one of the respondents charged for murder.”

Also, the appeals court said probable guilt has been “sufficiently established.”

“To stress, the pieces of evidence and factual circumstances herein considered merely create probable cause against petitioner sufficient to engender a well-founded belief that a crime has been committed and that petitioner is probably guilty thereof.”

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 Zaldy Ampatuan seeking the reversal of the resolution of the panel of prosecutors that found probable cause to indict them for their alleged involvement in the massacre of 57 civilians, including at least 30 journalists.

Agra said the defense of alibi of the two accused is stronger than the positive identification of witness Kenny Dalandag.

The April 2010 resolution drew outrage among relatives of the victims as well as with the public prosecutors calling him to revoke the resolution.

Then, on May 5, 2010, Agra reversed his April resolution on the basis of the affidavit of new witness Abdul Talusan that was submitted by private prosecution lawyer Nena Santos in her motion for reconsideration of the April resolution.