SC affirms indictment of ex-ARMM governor Ampatuan

MANILA, Philippines - The Supreme Court (SC) has affirmed the indictment of former Autonomous Region in Muslim Mindanao governor Zaldy Ampatuan for the massacre of 57 people in Maguindanao in November 2009.

In a resolution released yesterday, the Third Division of the high court dismissed Ampatuan’s petition and affirmed a ruling of the Court of Appeals (CA) in November last year.

“After review of the records, the Court resolves to deny the petition for failure to show that the Court of Appeals committed any reversible error in affirming the May 5, 2010 resolution of the Department of Justice that ordered the reinstatement of the criminal information for murder... against petitioner Datu Zaldy Puti Ampatuan,” the SC ruling read.

The high court said the CA was correct in upholding the May 5, 2010 resolution of the DOJ that approved the indictment of Ampatuan based on affidavit by witness Abdul Talusan.

The CA ruling penned by Associate Justice Noel Tijam dismissed the allegation of petitioner that his constitutional right to due process was violated when then Justice Secretary Alberto Agra gave weight to Talusan’s testimony without affording him an opportunity to present counter evidence.

Talusan corroborated the testimony of key prosecution witness Kenny Dalagdag. He claimed that the former ARMM governor participated in a meeting held at the house of his father, former Maguindanao governor Datu Andal Ampatuan Sr. during which the massacre was planned.

The younger Ampatuan alleged that the DOJ abused its discretion when it did not give him the opportunity to refute Talusan’s testimony.

He also stressed that the May 5, 2010 resolution was hastily issued by Agra considering that Talusan’s testimony was submitted on April 30, 2010, a Friday. The following day, May 1, was a Saturday and a holiday. Monday was declared a holiday because Labor Day fell on a Saturday.

Ampatuan’s lawyers received a copy of Talusan’s affidavit only on May 17, 2010 or long after the issuance of the resolution.

President Aquino said he cannot blame the widow of one of the journalist-victims for seeking refuge in Hong Kong, but stressed the government is doing its best to help them get justice.

“What we’re doing may not be perfect, but nobody can accuse us not doing enough to help them achieve justice,” Aquino said in Filipino in a chance interview yesterday at the World Trade Center in Pasay City. He was reacting to news reports that Myrna Reblando, widow of Alejandro “Bong” Reblando of the Manila Bulletin, opted to live in Hong Kong for fear of her family’s safety. Some of the key witnesses in the massacre have turned up dead.

“The case is really very difficult because there are so many accused. Mrs. Reblando has gone through a lot of suffering. And the slow pace of justice is really frustrating,” he said. Judge Jocelyn Reyes of the Quezon City Regional Trial Court is handling the case.

Aquino said the government can only invite and not force witnesses to join its witness protection program. “We can try to persuade them but in the end it is they who make the decision on what they think is best in their situation,” he said.

His chief spokesman Edwin Lacierda said the government should not be blamed for the deaths of some of the witnesses who had turned down offers of security.

“I don’t think you can blame government, we have offered security,” Lacierda said, citing the case of the latest victim Alijol Ampatuan or Menjie Mangulamas Ubpon. The 36-year-old Ubpon was killed in Shariff Aguak in February.

“It‘s unfortunate that it happened and I certainly condole with the family of the murdered victim,” he said.

He said local police and military units in Maguindanao have been ordered to protect the witnesses.

“That’s why we’re urging all the witnesses of the Maguindanao massacre to accept the security offer from the government. And we would like to reiterate that offer to the witnesses,” he said.

“Knowing that there is an attempt on your life, please, we would ask you again to accept our offer of security,” Lacierda said, addressing the witnesses.

He rejected insinuations that the government was helpless in securing witnesses’ protection.

“No, we are not. Those who are protected have been provided security, those who have been provided are still alive. And that’s why we are urging those who have refused to accept security to accept our offer of security again,” he pointed out.

Six people have so far been killed in connection with the massacre trial. Three of them were relatives of witnesses, and one was a prospective witness.

At the same time, he called on the judiciary to try to hasten the trial proceedings by skipping technicalities.

“It’s something that we’ve been advocating. Let’s have a speedy trial in the Ampatuan massacre case because that is a blot in our Philippine judicial system,” he said.

“That’s why we’ve been saying time and time again we want this case resolved as soon as possible but our hands are tied. It’s now in the court. We cannot encroach on the judiciary. That’s why we are asking the Supreme Court, ‘can you find the way to expedite?”’ Lacierda said.

“It’s the judge who can facilitate and expedite without sacrificing due process,” he maintained. 

Justice Secretary Leila de Lima, for her part, appealed to Mrs. Reblando to reconsider her plan to seek asylum in Hong Kong.

“May I appeal to her to reconsider and give our government and its various legal mechanisms a chance to work in favor of attaining justice for the massacre victims and keeping witnesses safe,” she told reporters.

While she recognizes the right of the widow to seek asylum in another country, De Lima said she doubts Hong Kong officials would readily grant her request.

“The recognized grounds for political asylum are limited and restrictive. I’m not sure what ground she can invoke and substantiate. But of course, we can’t prevent anyone from taking a strictly personal course of action, such as seeking asylum in a foreign land,” she added. Reblando testified in the trial last year before flying to Hong Kong.

As public impatience with the pace of the trial grows, Justice Undersecretary Francisco Baraan III insists the proceedings were “lengthy” but “not slow.”

“The proceedings are going on schedule. But given the nature of the case, the number of witnesses, may katagalan talaga pero hindi mabagal (quite lengthy but not slow),” he said in a recent interview. It’s not the court proceedings but the legal technicalities being raised that’s causing delays, he said. He also said some witnesses have turned government’s offer of protection. – With Delon Porcalla, Reinir Padua, Aie Balagtas See