It's final: Court of Appeals upholds indictment of Andal Sr.

MANILA, Philippines - The Court of Appeals (CA) has upheld with finality the indictment of former Maguindanao Gov. Andal Ampatuan Sr. for the massacre of 57 people in the province on Nov. 23, 2009.

In an eight-page resolution, the former special 11th division junked the appeal of the detained Ampatuan clan patriarch on its decision last Jan. 31, which affirmed findings of the Department of Justice (DOJ) that there was ample evidence to include him as accused in the multiple murder case.

The CA ruled that the arguments raised by Ampatuan in his motion for reconsideration were mere rehash of the issues and arguments in his main as well as supplemental petition.

“We found no grave abuse of discretion amounting to lack or excess of jurisdiction when the DOJ found that there exist some facts and circumstances that engender a well-founded belief that a crime has been committed, and that petitioner is probably guilty of that crime and should be held for trial,” stated the ruling penned by Associate Justice Noel Tijam.

Associate Justices Antonio Villamor and Amy Lazaro-Javier concurred with the ruling.

The CA stressed that it junked Ampatuan Sr.’s petition because the prosecution was able to establish existence of probable cause that warrants his inclusion as an accused in the Maguindanao massacre case.

Contrary to Ampatuan’s claim, the CA said there was no grave abuse of discretion on the part of the DOJ in issuing its April 16, 2010 and May 5, 2010 resolutions.

“We so rule, not because of the victims’ families’ clamor as the bloodiest single incident in the history of the Philippines has drawn worldwide media attention; and, certainly not because of the magnitude of the controversy that has hounded this case since day one,” it stressed.

“We only hold that he should be held for trial due to the DOJ’s finding of probable cause,” it added.

The CA dismissed Ampatuan’s claim that the DOJ erred when it gave credence to the testimony of prosecution witness Kenny Dalandag despite evidence that his statements were fabricated.

He had also assailed the DOJ for resolving his motion for reconsideration based on the testimony of additional witness Raul Sangki, vice mayor of the municipality of Ampatuan, Maguindanao without conducting another preliminary investigation.

But the CA held that the determination of probable cause for filing of an information in court is an executive function, or particularly to the public prosecutor, and ultimately to the secretary of justice.

The CA agreed with the DOJ that there is nothing in the rules that requires the conduct of a new preliminary investigation on the ground that additional evidence has been presented at the motion for reconsideration stage of the proceedings before the DOJ.

It cited Section 4, Rule 112 of the Rules of Court, which gives the secretary of justice power to reverse or modify the resolution of the provincial or city prosecutor or chief state prosecutor, and accordingly, direct the filing of information even without conducting another preliminary investigation.

Ampatuan Sr. skipped yesterday’s court hearing because of high blood pressure.

“He is complaining of dizziness, nausea, and hypertension with blood pressure level at 140/90,” said Senior Inspector Bernardino Edgar Camus in a letter to the court.

Camus, warden of Quezon City Jail Annex, said Ampatuan was “seen and examined” by the jail nurse at 8 a.m. Wednesday – an hour before the scheduled 9 a.m. hearing.

“Patient was asked to take oral medications but he refused to do so for reasons that he is... fasting as part of his religious practice,” Camus added, referring to the Muslim holy month of Ramadan that started on Aug. 1. – Aie Balagtas See