CA upholds raps vs Andal Jr.’s brod

MANILA, Philippines - The Court of Appeals (CA) has upheld anew the indictment of Sajid Islam Ampatuan, a brother of principal suspect Andal Ampatuan Jr., in the multiple murder case stemming from the killing of 58 people, including 32 journalists, in Maguindanao on Nov. 23, 2009. 

In a three-page resolution obtained by reporters yesterday, the former special first division of the CA affirmed its September 2013 decision that dismissed Sajid’s petition questioning the Department of Justice (DOJ) resolutions that approved the filing of multiple murder cases against him and other members of their clan.

The CA denied the motion for reconsideration of Sajid, ruling that he failed to present new arguments that would warrant the reversal of its decision, penned by Associate Justice Rodil Zalameda.

Associate Justices Francisco Acosta and Pedro Corales concurred in this ruling.

No abuse of discretion

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

The justices said the DOJ’s 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.”  

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 together with his wife when he was reportedly seen in Barangay Matagabon by witness Kenny Dalandag after the convoy of the victims was allegedly flagged down and before the massacre took place.

While Sajid insists that he was in Sariff Saydona Mustafa, the CA stressed that he failed to prove that it was impossible for him to be in Barangay Matagabon, where the convoy was allegedly flagged down.

The CA added that the defense of alibi is a matter of evidence that should be raised and heard in a full-blown trial and 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 in August last year. 

Another suspect arrested

Meanwhile, another massacre suspect was arrested in Mamasapano town in Maguindanao on Sunday.

Khominie Inggo surrendered when he sensed that police officers from the Criminal Investigation and Detection Group (CIDG) and the provincial police office as well as Army soldiers surrounded his hideout in Barangay Manongcaling.

Inggo, who yielded an unlicensed M-14 assault rifle, carried a P250,000 bounty on his head. He was a former member of the Ampatuan clan’s private militia.

Inggo was arrested with the help of barangay officials who provided the police and the Army’s 1st Mechanized Brigade and 45th Infantry Battalion information on his whereabouts, leading them to his hideout at a rice farm.

Inggo is now in the custody of the CIDG’s regional office in the Autonomous Region in Muslim Mindanao.