Malacañang, DOJ unfazed by junking of rebellion case vs Ampatuans

MANILA, Philippines - The dismissal of rebellion charges against the members of the Ampatuan clan did not come as a surprise as far as Malacañang and the Department of Justice (DOJ) are concerned.

“We didn’t really expect that (the case would win),” Justice Secretary Leila de Lima said yesterday.

The DOJ chief said she has yet to read the decision of the Court of Appeals (CA) upholding the March 2010 ruling of Judge Vivencio Baclig of Branch 77 of the Quezon City Regional Trial Court.

“I will discuss possible options with the solicitor general,” she added.

Meanwhile, presidential spokesman Edwin Lacierda said the ruling was expected because the case did not fall within the definition of rebellion.

“The definition of rebellion is very clear. It does not satisfy the definition of rebellion…When we were still outside of government, we felt that the rebellion charges were weak. So it’s not something that we were surprised when they decided to dismiss the rebellion charges against them,” he said.

In a 63-page decision written by Associate Justice Elihu Ybañez, the CA junked the petition of the Office of the Solicitor General seeking the reversal of Baclig‘s decision, junking the rebellion case for lack of probable cause.

The appellate court blamed the prosecution for the weak case against the accused, saying “a judge or fiscal may not go on with the prosecution in the hope that some credible evidence might later turn up during trial. “

The CA added that the prosecutors may have “abused the criminal justice system.”

Apart from Andal Sr. and Zaldy Ampatuan, the CA cleared Datu Anwar Ampatuan, Datu Sajid Islam Ampatuan and Datu Akmad Tato Ampatuan.

Akmad Abdullah Ulilisen, Kusain Akmad Sakilan, Duca Lendungan Amban, Jovel Vista Lopez, Rommy Gimba, Mamay, Sammy Duyo Villanueva, Ibrahim Tukya Abdulkadir, Samil Manalao Mindo, Goldo Ampatuan, Amaikugao Obab Dalgan, Billy Cabaya Gabriel Jr., Abdulla Kaliangat Ampatuan, Moneb Samir Ibrahim, Umpa Ugka Yarya, Dekay Idra Ulama, Kapid Gabriel Cabaya, Koka Batong Managilid, Sammy Ganda Macabuat and Manding Abdulkadir were also cleared of rebellion charges.

But the accused will have to stay in jail in view of the pending charges against them.

Harry Roque, counsel for the families of the massacre’s 15 victims, for his part, said the dismissal will not affect the murder case.

“We believe that no rebellion took place since rebellion requires the taking up of arms against the government,“ he said.

“These charges were tramped up by GMA as a form of a ruse to make people think that she was serious in running after the Ampatuans for the massacre. In truth and in fact as borne by our recent filing of a civil case against GMA, she was equally to blame for the massacre,” he added.

Andal Sr.‘s lawyer, Sigfrid Fortun, meanwhile, refused to comment on the CA ruling.

Lacierda said the governnment is hoping for a faster trial of the Maguindanao massacre case so that a decision can be reached before the end of President Aquino's term in 2016. – With Delon Porcalla, Aie Balagtas See