Prosecutors seek contempt citation for Ampatuan, jailers, doctors, lawyers

MANILA, Philippines – Prosecutors have asked a Quezon City court to order Zaldy Ampatuan’s jailers, lawyers and doctors to explain why they should not be cited in contempt for his two-day stay at the Philippine Heart Center.

In a motion filed late Friday afternoon, the Department of Justice sought the issuance of a show-cause order against Bureau of Jail Management and Penologu personnel, Ampatuan’s doctors at the PHC, and his lawyers.

The pleading asked Judge Jocelyn Solis-Reyes of regional trial court Branch 221 to order the respondents to explain their actions, which they claimed was in “defiance of the lawful order of the court.”

“Considering the blatant defiance by the BJMP personnel, counsel for accused Ampatuan, doctors who examined and ordered for his continuous confinement at the PHC… they should be directed to explain in writing why they should not be cited in contempt of court,” the motion said.

The prosecutors pointed out that Ampatuan was a flight risk since he has not yet been arraigned on multiple murder charges for the killing of 57 people in Maguindanao on Nov. 23, 2009.

The same motion also sought the suspended regional governor’s arraignment so as to bring his person under court jurisdiction.

Assistant state prosecutors Amor Robles and Olivia Torrevillas filed the pleading some five hours after Ampatuan was whisked out of the PHC and brought back to his detention cell.

The former Autonomous Region in Muslim Mindanao governor was brought to the PHC on Wednesday afternoon to be examined after complaining of hypertension, diabetes, and asthma.

Reyes allowed Ampatuan, one of the 196 accused in the 2009 Maguindanao massacre, to be examined as an out-patient that day after which he should have been returned to his cell. But Ampatuan stayed overnight at the hospital ostensibly on doctors’ orders. They performed an angiogram on Ampatuan early Friday morning.

Acting on the defense’s request for a longer confinement for Ampatuan, Reyes on Wednesday afternoon directed the doctors to submit a clinical abstract after which she would rule on the request for confinement.

The prosecution argued that this overnight stay on Wednesday was done without a court order and in defiance of the July 20 court directive that Ampatuan be examined as an out-patient.

They added that the “unauthorized confinement,” which was public knowledge, was in total violation of the court’s orders.

On Thursday, the court allowed Ampatuan to stay at the PHC until Friday noon for the completion of the angiogram and other tests.

The ex-governor was brought back to his detention cell under heavy guard on Friday despite attempts for a six-hour extension of his stay at the hospital for him to rest a little longer.

In its motion, the prosecution noted that Ampatuan had repeatedly refused to be arraigned, making him a flight risk.

“This is injustice crystal clear. The accused has not yet been arraigned, the court has not acquired jurisdiction over his person and yet he has pleaded and sought relief from the very same court he has refused to recognize,” the motion said.

The prosecution added that it was unable to comment on Ampatuan’s bid for confinement at the PHC after St. Luke’s Medical Center in Global City refused to admit him for security reasons.

Meanwhile, the prosecutors also asked the court to name an independent government doctor to interpret the outcome of Zaldy Ampatuan’s medical examination at the Philippine Heart Center.

In a separate motion filed late Friday afternoon, both the DoJ and private prosecutors sought for the appointment of a competent government physician to interpret the results for the court’s benefit.

Torrevillas and lawyers Harry Roque and Gilbert Andres likewise asked the court to direct Ampatuan to submit all his test results.

The results of his medical examinations include but are not limited to his angiogram, electrocardiogram, 2D echo, etc and other exams conducted by his attending doctors or at the PHC.