CA junks Ampatuan request, allows 3 new witnesses

MANILA, Philippines - The Court of Appeals on Thursday dismissed Andal Ampatuan Jr.'s petition not to allow an Army officer and two forensic experts to testify on the multiple murder charges filed against him for the massacre of 58 people in Nov. 23, 2009.

In a nine-page decision, the court's Fifth Division allowed the Quezon City Regional Trial Court Branch 221 to hear prosecution witnesses Army Captain Julius Gundayao and forensic specialists R. Paruli and Sherwin Uy.

Ampatuan, the former mayor of Datu Unsay, Maguindanao, is accused of leading the massacre of journalists, family members and supporters of now Maguindanao Governor Esmael Mangundadatu in Ampatuan town.

His father and namesake former Maguindanao governor Andal Ampatuan Sr. and brothers have also been charged and arrested for the massacre.

The court refused to acknowledge Ampatuan's request citing a Supreme Court administrative order that prevented the witnesses to appear in pre-trial conferences not previously named in pre-trial orders.

In the petition, Ampatuan accused presiding RTC Judge Jocelyn Solis-Reyes of grave abuse of discretion for welcoming Gundayao, Paruli and Uy's impending testimonies.

Associate Justice Ricardo Rosario penned the ruling stating trial judges have the discretion to allow the presentation of new evidence and witnesses during trial.

"Trial judges also have the discretion to exclude witnesses and other evidence not listed in the pre-trial brief. The judge's discretion hinges on a good cause or good reason," Rosario said.