Court OKs arraignment of another massacre suspect

MANILA, Philippines - All detained suspects tagged in the Maguindanao massacre will finally be arraigned for the multiple murder case filed in connection with the Nov. 23, 2009 bloodbath.

This after Judge Jocelyn Solis-Reyes of the Quezon City Regional Trial Court Branch 221 granted the prosecution panel’s motion to arraign Talembo Masukat, alias Talembo Kahar Abdulrahman, on April 10.

Masukat, who is claiming to be mistakenly arrested for the massacre, is one of the three suspects who have yet to enter a plea in the trial.

The two other suspects  – PO1 Johann Draper and former Sultan sa Barongis vice mayor Sukarno Badal – will never be arraigned as the court had dismissed the cases filed against them.

The court had earlier ruled to drop the charges against another arrested suspect, Esmael Canapia, after he was allowed to become a state witness.

Masukat, Draper and Badal are among the 108 suspects who have been arrested by authorities and turned over to the jurisdiction of the court. A total of 197 people were initially tagged in the massacre, which claimed the lives of 58 people, including 32 media practitioners.

The arraignment of Masukat will come two weeks after suspect Mohammad Adam, alias Dexson Saptula, pleaded not guilty to the 58 counts of murder filed against him.

In her three-page order, Solis-Reyes noted that the Supreme Court has denied Masukat’s petition for a temporary restraining order (TRO) seeking to stop his arraignment.

Andres Manuel, counsel for Masukat, earlier said the SC resolution is not yet final as rules allow them to file a motion for reconsideration.

In the petition, Manuel asked the SC to reverse the order of Solis-Reyes and direct the judge to take judicial notice of the rulings of a Cotabato court, which recognized that he is not the suspect charged for the massacre.

Policemen who arrested the suspect on Feb. 16, 2013 in Mamasapano town in Maguindanao said that he is the Masukat who is wanted for the massacre.

But the suspect claimed that he is Abdulrahman. He filed a petition for habeas corpus before Cotabato RTC Branch 13 Judge Bansawan Ibrahim.

The Cotabato judge said Abdulrahman was able to establish his identity through the documents he submitted to the court, particularly his voter’s ID, passport and GSIS certificate of membership.

The suspect asked Solis-Reyes to take judicial notice of the Cotabato judge’s order.

But in an order in October, Solis-Reyes said she could not take judicial notice of Ibrahim’s ruling in view of an earlier resolution of the Court of Appeals on the case of another Maguindanao massacre suspect Butukan Malang.

Malang, who also claimed to be mistakenly arrested for the massacre, was able to secure a writ of habeas corpus from a Pasig City court.

But in its resolution in 2011, the appellate court reversed the Pasig City court’s decision and said that the granting of a habeas corpus would interfere with the functions of the Quezon City court.

58th murder case

Once Masukat enters his plea on April 10, all arrested suspects will be arraigned in connection with the initial 57 counts of murder that were filed against them.

The case is different, however, with  the 58th murder case that was filed later.

Based on records, two other suspects – Mohamad Sangki and Takpan Dilon â€“ have yet to be arraigned for the last murder case due to the pending appeal that they filed before the Department of Justice. The two are among those who are seeking to be discharged as state witnesses.