Contempt raps filed vs Zaldy, jail warden

MANILA, Philippines – A lawyer of the Maguindanao massacre victims today filed contempt charges against suspended Autonomous Region in Muslim Mindanao (ARMM) governor Zaldy Ampatuan for failing to return to his detention cell yesterday.

Lawyer Harry Roque, counsel for the slain journalists, filed the seven-page petition before the clerk of court of the Quezon City Regional Trial court.

Roque also asked the court to cite in contempt Quezon City jail annex warden Bernardino Edgar Camus.

He cited that the warden placed the "public at a great security risk" when he allowed the indefinite confinement of Ampatuan at the Philippine Heart Center (PHC).

The lawyer has also lodged a motion to oppose the continued stay of Ampatuan at the PHC for coronary disease.

In an earlier interview on ABS-CBN News Channel, Roque cited that Ampatuan's lawyer, Howard Calleja, should also be held responsible by the court for allowing his client to stay overnight at the hospital.

The lawyer said that Calleja can be "held responsible as a professional" if cited for contempt of court, which, he said, is a violation of the Code of Legal Ethics.

Roque said that based on the original order of Quezon City Regional Trial Court Branch 221 Judge Jocelyn Solis-Reyes, Ampatuan can seek treatment at the Philippine Heart Center, but only as an out-patient.

Ampatuan was brought to the hospital with heavy security yesterday. Reports said he was brought to the intensive care unit and received several treatments for diabetes and heart ailment.

Ampatuan failed to return to his detention cell in Camp Bagong Diwa in Bicutan last night and remains confined at the heart center. There were reports that Ampatuan was staying in a suite on the hospital's fourth floor.

Roque said that Calleja and Ampatuan's other lawyers attempted last night to get an approval of the court for the hospital confinement, but the petition was "held in abeyance."

He said that the judge wanted Calleja to present evidence first before she rules on the petition.

"The court said that [the petition] is held in abeyance until they submit documents, which means they should have gone back to Bicutan for the night," Roque explained.

Calleja, in a phone interview with philstar.com, declined to comment on Roque's statement. He said he will issue a statement to the media later today.

Reports said that Judge Solis-Reyes has asked Calleja to report to her and explain why they failed to return Ampatuan to Camp Bagong Diwa.

Roque said that aside from being held responsible as a professional, the court may order Ampatuan's lawyer "incarcerated" or asked to pay a fine.

Meanwhile, presidential spokesman Edwin Lacierda said in a press briefing in Malacañang that they would want Ampatuan to be immediately returned to his detention cell.

Lacierda added that the Department of Interior and Local Government will question jail officials who allowed Ampatuan to be confined at the PHC.

Doctor sees need to confine Zaldy

Meantime, the camp of Ampatuan today submitted his medical abstract with a recommendation of his doctor for his continued confinement at the PHC.

The documents were filed at 8:45 a.m. today before Judge Solis-Reyes.

"It is respectfully prayed herein that his Honorable Court for the above stated grounds and humanitarian consideration duly order the hospitalization of the said accused to undergo further and more thorough medical examination to determine his heart condition," his lawyer J. Ricardo Moreno said.

In the attached abstract and letter, Ampatuan's attending physician at the PHC said that the massacre suspect was stable, but "showing signs of heart failure."

"It is my recommendation that he be confined for more observation," PHC's Dr. Danny Kuizon said in the letter, adding that Ampatuan should undergo angiogram on Saturday. – with Reinir Padua and Angelo L. Gutierrez