Massacre suspect’s bail plea submitted for resolution

MANILA, Philippines - A bail petition of one of the suspects in 2009 Maguindanao massacre was deemed submitted for resolution this week after the special court handling the case ruled on the formal offer of evidence of the prosecution panel.

In a 19-page order dated Sept. 30 and released to the media yesterday, Quezon City Regional Trial Court Branch 221 Judge Jocelyn Solis-Reyes said the petition for bail filed by suspect Inspector Michael Macaraeg on the initial 57 counts of murder is now submitted for resolution.

The judge ruled to admit most of the exhibits included in the prosecution panel’s Feb. 21, 2011 formal offer of evidence in opposition to the bail petition of the accused.

Among those admitted were the affidavit-complaint of Maguindanao Gov. Esmael Mangudadatu, whose wife and relatives were killed in the massacre, and the sworn statements of various witnesses.

Solis-Reyes, however, said the court could not admit the sworn statements of suspects Mohamad Sangki, Inspector Rex Ariel Diongon, and Police Officer 1 Rainier Ebus, all of whom earlier expressed their intention to become state witnesses.

In 2011, the judge denied the prosecution’s motion to discharge the suspects – including Macaraeg – from the list of the accused.

The panel appealed the ruling to the Court of Appeals, but Solis-Reyes said the court deemed it proper not to wait for the resolution of the petition before the appellate court “in order not to further delay the proceedings in these cases.”

In her latest order, Solis-Reyes noted that appropriate action will be held in abeyance pending the prosecution panel’s submission of formal offer of evidence opposing the bail petition on the 58th murder case.

The latest case – which was for the alleged death of photojournalist Reynaldo “Bebot” Momay – was filed only in September 2012, more than a year after the prosecution panel submitted its formal offer of evidence opposing the bail petition of Macaraeg on the earlier 57 counts.

Macaraeg was among those who filed a separate petition for bail after the Department of Justice filed the 58th murder case before the special court.

First petition to be resolved

Macaraeg’s bail petition is the first one to be submitted for resolution before the court.

Based on records, 61 suspects have submitted separate petitions seeking their temporary freedom while the trial is ongoing.

Murder is a non-bailable offense, but respondents may be granted temporary liberty if the court ruled that the evidence presented by the prosecution panel during bail hearings are weak.

The panel has already submitted its formal offer of evidence in opposition to the bail petition of the 60 other suspects – including members of the Ampatuan clan – in the initial 57 counts.

The court has yet to rule if it would admit the exhibits included in two separate formal offers of evidence opposing the bail petition of 13 suspects, including those of principal accused Andal Ampatuan Sr. and his son Andal Jr.

A total of 197 people were initially implicated in the massacre.