Agra junks Zaldy A. request to replace prosecutors

MANILA, Philippines - Department of Justice Secretary Alberto Agra junked yesterday a motion by detained former Autonomous Region in Muslim Mindanao (ARMM) governor Zaldy Ampatuan, one of the accused in the Nov. 23, 2009 massacre of 57 people in Maguindanao, seeking to replace the panel of prosecutors handling the multiple murder case.

In a six-page order, Agra said the allegations that the panel of prosecutors showed their bias in the case when they defied the order clearing Zaldy and another accused, detained former Maguindanao vice governor Akmad “Tato” Ampatuan Sr., were unsupported, and therefore have no merit.

“It was unfortunate that respondent Zaldy failed to substantiate with adequate proof this allegation. On the other hand, the undersigned (Agra) witnessed that after the initial display of passionate reaction on April 19, 2010, which was with prior clearance, the members of the panel proceeded to perform their jobs. Otherwise stated, that there was no showing that they did not continue to function as public prosecutors in the instant cases,” he said.

He believes the action by the prosecution panel last April 19 to publicly denounce his resolution “was a mere expression of their sentiments” and that he “respects the freedom of expression of the members of the panel.”

The DOJ chief recalled the panel, along with Chief State Prosecutor Claro Arellano, informed him of their plan the night before it was carried out and that even he told them to go ahead.

Agra also dismissed Zaldy’s allegation that the prosecutors intended to defy his order.

“More telling is the statement of the members of the panel in the statement read by the Chief State Prosecutor (Claro Arellano) that indeed, they do recognize the authority of the acting secretary notwithstanding their disagreement,” he stressed.

In an interview, Agra said he believes that his relationship with the fiscals went back to normal after his controversial resolution, which he also eventually took back.

“We have since coordinated. I’ve been getting regular updates from them – not only on this case but also in other cases they handle,” he revealed.

Zaldy sought to replace Chief State Prosecutor Claro Arellano and the panel of prosecutors: Senior State Prosecutor Richard Fadullon, Rosanne Elepano-Balauag, Leo Dacera III, Lamberto Fabros, Aldrin Evangelista, Alexander Suarez, Rassendell Rex Gingoyon, Niven Canlapan and Xerxes Garcia.

Prosecutors agree to separate trial for Zaldy A.

The prosecution has agreed to the plea of Zaldy for a Quezon City court to try him separately from the other accused – including his relatives – in the Maguindanao massacre.

In a comment on Ampatuan’s motion, which the prosecution filed before the Quezon City Regional Trial Court Branch 221 on Monday, prosecutors said Ampatuan should commit that he will be arraigned immediately and that regular procedure for his pre-trial and trial should start immediately after his arraignment.

Ampatuan’s lawyer, Redemberto Villanueva, said his client’s deteriorating health “makes the separation of the proceedings imperative and urgent.”

The former ARMM governor is among the 197 accused – including his father Andal Sr. and brother Andal Jr. – in the multiple murder case.

Recently, Zaldy cited shortness of breath and diabetes and asked for a medical exam. He also asked to see a government mental health doctor and cited bouts of depression, among others. Both were granted by the court hearing the murder charges.

In a related development, Andal Sr. underwent a medical check-up in his detention cell in Camp Bagong Diwa Taguig City yesterday.

The check-up was in accordance with a June 1 order given by Judge Jocelyn Solis-Reyes of the Quezon City Regional Trial Court Branch 221, following the suspect’s claims that he has been suffering from pulmonary disease.

Court Sherriff Nestor Rivera told The STAR that the physical check-up was conducted about 9:15 a.m. by doctors Jubert Benedicto and Maria Bella Siasoco of the Philippine General Hospital (PGH).

The doctors also examined his reported swelling, rashes, and difficulty in breathing, said Rivera, who was present during the check-up.

The physicians were accompanied by defense lawyers Andres Narvasa and Rebecca de Guzman; PGH lawyers, and security escorts. Based on Solis’ order, the doctors are expected to “immediately” submit their medical findings to the court to “avoid the exacerbation of (Andal Sr.’s) health condition.”

The prosecution will also be furnished with a copy of the report.

Citing blood pressure and diabetes, the lawyers of Andal Sr. – father and namesake of the massacre’s prime suspect Andal Jr. – asked that their client be examined by state doctors.

Andal Sr. had also requested the court to transfer him to a tertiary hospital complete with medical facilities to “avoid exacerbation of his condition” after Marilou Bongco of the UBHI-Parañaque Doctors Hospital and Superintendent Claro Mundin, a physician of the Bureau of Jail Management and Penology, certified that he was suffering from “chronic obstructive pulmonary disease.”  – With Reinir Padua, Aie Balagtas See