MANILA, Philippines - The Court of Appeals has denied an appeal by a member of the Ampatuan clan asking the CA to reverse the dismissal of a motion questioning his indictment for the Maguindanao massacre.
In a resolution, the CA denied the motion for reconsideration filed by Datu Akmad “Tato” Ampatuan Sr., saying it lacked merit. Akmad is a cousin of principal suspects Andal Ampatuan Jr. and Zaldy Ampatuan.
The prosecution manifested in open court yesterday during the hearing on the multiple murder case the latest CA ruling. Prosecutors said Akmad should now be arraigned in the multiple murder case being heard by Judge Jocelyn Solis-Reyes of the Quezon City Regional Trial Court Branch 221.
Earlier, the CA affirmed Akmad’s indictment and junked his petition for certiorari.
The former Mamasapano, Maguindanao mayor had questioned before the CA the resolution of then Justice secretary Alberto Agra that approved his inclusion in the multiple murder case filed against suspects over the Maguindanao massacre. Akmad had claimed Agra and the state prosecutors committed grave abuse of discretion in naming him as among the accused in the multiple murder case.
The CA, however, found “no reversible error” committed by the panel of prosecutors in finding probable cause to indict Akmad. The final ruling was penned by Associate Justices Francisco Acosta, Vicente Veloso and Angelita Gacutan.