MANILA, Philippines — The Court of Appeals (CA) has dismissed the petition of former Autonomous Region in Muslim Mindanao governor Zaldy Ampatuan to be transferred to a medical facility for fear that he might contract COVID-19 at the New Bilibid Prison (NBP) in Muntinlupa City.
In a nine-page decision promulgated on July 4 but released to media yesterday, the CA’s Special Division of Five denied Ampatuan’s request.
In 2020, Ampatuan filed a motion before Quezon City Regional Trial Court Branch 221 Judge Jocelyn Solis-Reyes to be released from the NBP due to the COVID-19 pandemic.
Ampatuan’s camp cited that he suffered a stroke thrice within a span of two months prior to his transfer to the NBP.
His lawyers also told the court that he is vulnerable to COVID-19 infection because he has hypertension, diabetes mellitus and chronic atrial fibrillation.
In an order dated July 20, 2020, Reyes dismissed Ampatuan’s motion for lack of merit.
Ampatuan then filed a petition for certiorari before the appeals court, saying Reyes committed grave abuse of discretion when she denied his request to be transferred to a hospital.
He reasoned out that there was a “clear and present danger” if he would continue to stay in Bilibid.
In dismissing the petition, CA Associate Justice Angelene Mary Quimpo-Sale pointed out that Ampatuan did not expound on how the clear and present danger rule applies to him.
The CA ruled that the National Capital Region is now under the most lenient Alert Level 1 status, which means that the transmission of COVID-19 cases is decreasing.
The Bureau of Corrections had also reported that 27,879 of the nearly 50,000 inmates at the NBP are fully vaccinated.
“While the court in the case at bar is called upon to make a determination of whether respondent judge acted with grave abuse of discretion in issuing the assailed order, these developments have supervened thereby rendering the reliefs prayed for moot,” the CA said.
Ampatuan was among those convicted of 57 counts of murder in connection with the Maguindanao massacre on Nov. 23, 2009.
He was transferred to the NBP in December 2019.