Teeth show suspect was a minor during massacre – lawyer

MANILA, Philippines - The defense lawyer of a suspect in the 2009 Maguindanao massacre said the result of a dental examination conducted on his client confirmed their position that the accused was a minor at the time of the incident.

In a three-page manifestation submitted to the Quezon City Regional Trial Court Branch 221 on Friday, defense lawyer Michael Uy said they welcome the result of the dental aging conducted by the Taguig City Social Services and Development Office (SSDO) last month.

The examination result, which was submitted to the court by social welfare officer Jurita Olvido on Aug. 30, showed that all of the suspect’s third molars were fully erupted. It noted that “third molars were usually starting to erupt at the age of 18.”

However, it did not mention if the third molars have recently just attained full eruption, or if the teeth have been fully erupted for some time now.

Uy said that the result bolsters and confirms their position that the suspect was a minor at the time of the incident.

“It appears that based on his dental aging, (accused) is only 18 years of age now,” read the manifestation.

The lawyer explained that the dental examination result corroborates the information on the birth certificate that they submitted to the court in 2011. It said that the suspect was born on March 24, 1993.

Uy said that this places the accused under Republic Act 9344, or the Juvenile Justice and Welfare Act of 2006.

Separate trial

The examination was ordered due to the suspect’s pending motion for separate trial as mandated by RA 9344. The prosecution panel also filed a motion for reconsideration, which sought the reversal of an earlier order that allowed the alleged minor suspect to post bail.

Both motions have been submitted for resolution.

The prosecution is appealing an order dated Feb. 6, 2012, in which Judge Jocelyn Solis-Reyes allowed the suspect to post bail, citing Sections 34, 35 and 36 of the Juvenile Justice Welfare Act which states that a court “shall not order the detention of a child in a jail pending trial or hearing of his (or) her case.”

The court said that the accused may be “released on recognizance to his parents or other suitable person upon submission of an affidavit of undertaking and other requirements pursuant to RA 9344; or be released on bail upon posting of the required bail which is fixed at P200,000 each case.”

Despite the approval for temporary liberty, the suspect remained in detention as he has yet to post the bail, which amounts to P11.4 million for the 57 counts of murder filed against him. An affidavit of undertaking, which is an alternative to the bail, has yet to be submitted to the court.

In 2012, the alleged minor suspect was brought to Molave Youth Home in Quezon City, but was returned to Camp Bagong Diwa upon his request.

The suspect was among the initial 197 suspects charged for the Nov. 23, 2009 massacre, which claimed the lives of 58 people including 32 media practitioners.

Another minor at large

Meanwhile, authorities have yet to arrest another alleged minor charged for the incident.

In June, The STAR reported the re-issuance of an arrest warrant against another alleged minor suspect who was arrested in North Cotabato but was not committed to Camp Bagong Diwa.

Solis-Reyes re-issued the arrest warrant in September 2012, almost two years after it was informed of the suspect’s arrest in a return of warrant dated Dec. 17, 2010.

The return of warrant stated that the suspect was under the custody of the Municipal Social Services and Development Division (MSSDD) in Midsayap, North Cotabato as he was facing separate charges of illegal possession of firearms.

On Nov. 21, 2011, Solis-Reyes issued a commitment order asking the jail warden of the Quezon City Jail-Annex in Bicutan to take custody of the suspect, who was believed to be under the custody of the MSSDD in Midsayap at the time.

The suspect was still not brought to Metro Manila almost a year after the issuance of the commitment order, prompting Solis-Reyes to issue another arrest warrant for the 57 counts of murder filed against him.