Judge admits evidence vs Andal Sr. bail plea

MANILA, Philippines - The Quezon City judge handling the Maguindanao massacre trial has ruled to admit hundreds of pieces of evidence against the bail petition of former Maguindanao governor Andal Ampatuan Sr. and 11 other accused.

In a 34-page order released yesterday, Regional Trial Court Branch 221 Judge Jocelyn Solis-Reyes said the court will admit almost 300 exhibits and testimonies included in the April 26, 2013 formal offer of evidence by the prosecution panel in opposition to the bail petition of the Ampatuan clan patriarch.

Also covered by the order is the admission of evidence against the bail petition of suspects Inspector Sukarno Dicay, Nasser Esmail, Nicomedes Tolentino, Armando Ambalgan, Misuari Ampatuan, Taya Bangkulat, Salik Bangkulat, Salipad Tampogao, Moktar Daud, Macton Bilungan, and Mohades Ampatuan.

Among the exhibits admitted was the affidavit-complaint of former Buluan vice mayor and now Maguindanao Gov. Esmael Mangudadatu. His wife, Genalyn, and relatives were among the 58 people – 32 of whom were media practitioners – who died in the Nov. 23, 2009 massacre.

Also admitted as evidence were sworn statements of various witnesses, as well as the medico-legal reports, autopsy pictures, and anatomical sketches of the cadavers of the witnesses.

The judge also ruled to admit various records from telecommunications companies, including the Smart billing statement of Genalyn from Nov. 17 to Dec. 16, 2009.

Among the testimonies admitted were that of Mangudadatu, former Ampatuan municipality vice mayor Rasul Sangki, suspects-turned-state witnesses Sukarno Badal and Esmael Canapia, and eyewitnesses Noh Akil, Lakmodin Saliao, and Esmail Amil Enog.

In her order, Solis-Reyes said the court ruled to admit most of the offered evidence after considering the objection filed by Ampatuan on May 30, 2013, which was later adopted by the other accused.

She noted that some of the exhibits, while provisionally marked during the hearings, were admissible as the documents were executed in the presence of a witness or stipulated upon by the parties.

Suspects’ testimonies junked

Meanwhile, Solis-Reyes ruled not to admit the sworn statements and testimonies of suspects Mohamad Sangki, Rex Ariel Diongon and Rainier Ebus in view of her earlier order that denied their bid to become state witnesses.

She also denied admission as evidence of the photographs of the alleged armored personnel carrier used in the incident, also in view of the denial of the three suspects’ bid to be state witnesses.

Despite the ruling, Solis-Reyes said the petition for bail of the suspects will only be submitted for resolution once the court rules on the formal offer of evidence by the prosecution panel on the 58th murder case.

In the case of Andal Sr., the court will only resolve his bail petition after his lawyers end their presentation of evidence to refute the evidence presented by the prosecution panel.

Aside from the formal offer of evidence on the 58th case, the court has yet to rule on the formal offer of evidence in connection with the bail petition of other members of the Ampatuan clan – Zaldy, Anwar Sr., Sajid, Akmad, Anwar Jr., and Sajid Islam.

The court already ruled to admit most of the evidence in opposition to the bail petition for the 57 counts of the primary accused, former Datu Unsay mayor Andal Jr.

2 suspects arraigned

Meanwhile, two suspects charged for the massacre were arraigned on Monday. Warden Legawan and Mohamad Sangki pleaded not guilty on all counts of murder and the 58th murder charge, respectively.

Legawan, the 110th massacre suspect turned over to the jurisdiction of the court, was arrested in Taguig City last week.

Sangki, who is under the witness protection program, has pleaded not guilty to the other charges. He is under the custody of the Department of Justice.

Eighty-seven people tagged in the massacre have yet to be arrested by authorities.