Ampatuans urge transfer of backhoe operator to Bicutan

MANILA, Philippines - Three members of the Ampatuan clan charged for the Maguindanao massacre have asked the court to proceed with the transfer of the alleged backhoe operator to Camp Bagong Diwa in Bicutan, Taguig City.

Former Maguindanao governor Andal Ampatuan Sr. and his sons Andal Jr. and Zaldy asked the court to deny an appeal by the Witness Protection Security and Benefit Program (WPSBP) against the transfer of Bong Andal.

They said the motion for reconsideration filed by WPSBP program director Martin Meñez seeking the continued detention of Andal at the Philippine National Police (PNP) Custodial Center in Camp Crame is a “mere scrap of paper.”

The suspects said the motion is not worthy of the court’s consideration as it failed to include a notice of hearing. They said that it is the general rule that “every written motion is deemed a litigated motion, in which all parties are required to be heard before a ruling on the motion is made by the court.”

In his appeal, Meñez said the transfer to Camp Bagong Diwa will make Andal vulnerable to physical harm, serious threats, and psychological pressure.

“This will adversely affect his firm resolve to testify truthfully. It will put his life at stake. Considering the personalities involved in this case, the risk to accused Andal’s life, if he is transferred to said jail facility is imminent and real,” he added.

Meñez said the alleged backhoe operator is still under the witness protection program, adding that it is their duty to provide him with the required security and protection.

Andal was arrested in November 2012 and arraigned for the multiple murder case on Aug. 14, several months after the prosecution panel withdrew its intention to utilize the alleged backhoe operator as state witness. 

Earlier, defense counsel Andres Manuel – representing 11 other suspects – said the WPSBP has no personality to file the motion for reconsideration as it is not a party to the case.

He noted that the Department of Justice, through the panel of prosecutors, was the one that asked for the transfer of Andal to Camp Bagong Diwa.

Ninety-seven people were initially charged for the Nov. 23, 2009 massacre, in which 58 persons were killed and their remains buried in a mass grave.

Members of the Ampatuan clan denied masterminding and participating in the bloodbath.