CA upholds murder raps vs Andal Sr. son

MANILA, Philippines - The Court of Appeals (CA) has affirmed the indictment of Sajid Islam Ampatuan, son of clan patriarch Andal Ampatuan Sr., for the killing of 58 individuals on Nov. 23, 2009 in Maguindanao.

In a 12-page decision, the CA’s Special First Division dismissed his petition questioning resolutions of the Department of Justice (DOJ) that approved the filing of multiple murder cases against him and other members of their clan.

The ruling was penned by Associate Justice Rodil Zalameda.

The CA held that the DOJ was correct in finding probable cause in the multiple murder charges filed against him.

It stressed that Ampatuan failed to prove his allegation of grave abuse of discretion on the part of the DOJ and also “failed to show that (DOJ Secretary Leila de Lima) committed wanton, whimsical, unfettered and capricious exercise on judgment.”

The CA said the findings were based on De Lima’s “assessment and evaluation of the parties’ evidence and application of the law wherein she sustained the finding of probable cause against several respondents, among which is herein petitioner, concluding that there is ample evidence against them for the crime of multiple murder under the principle of conspiracy.”

Not impossible

The CA also agreed with DOJ’s dismissal of Sajid’s alibi that he was at the Commission on Elections office in Shariff Saydona Mustafa with his wife when he was reportedly seen in Barangay Matagabon by witness Kenny Dalandag after the convoy of the victims was flagged down but before the massacre took place.

In order for an alibi to prosper as a defense, the CA said “the accused must proved that he was somewhere else when the crime was committed and it was physically impossible for him to have been at the scene of the crime.”

While Sajid insisted that he was in Sariff Saydona Mustafa, the CA said he failed to prove that it was impossible for him to be in Barangay Matagabon.

The CA added that the defense of alibi is a matter of evidence that should be raised and heard in a full-blown trial, not during the preliminary investigation stage where the inquiry is limited to the determination of probable cause that a crime was committed.

Sajid was arraigned by the Quezon City Regional Trial Court Branch 221 last Aug. 7. His father and brothers, Andal Jr. and Zaldy, are also facing trial on the same charges.