Holiday stalls Ampatuan indictment

MANILA, Philippines – The Department of Justice (DOJ) approved yesterday the indictment of the patriarch of the Ampatuan clan and 23 others on charges of rebellion filed by the Philippine National Police (PNP) following their arrest last Saturday.

But a Catholic holiday for the celebration of the feast of the Immaculate Conception declared by Archbishop Orlando Quevedo in Cotabato City prevented the DOJ from filing the information with the regional trial court and complying with the three-day period required by the Constitution for filing of cases against persons arrested under martial law.

Justice Undersecretary Ricardo Blancaflor announced that investigating prosecutors have finalized a resolution indicting for rebellion Maguindanao Gov. Andal Ampatuan Sr., Autonomous Region in Muslim Mindanao (ARMM) Gov. Zaldy Ampatuan, Acting Maguindanao Governor Sajid Islam Ampatuan, Maguindanao Vice Gov. Al-Hadji Akmad Ampatuan and Shariff Aguak Mayor Anwar Ampatuan.

Also recommended for indictment were Kusain Akmad Sakilan, Jovel

Vista Lopez, Rommy Gimba Mamay, Sammy Duyo Villanueva, Ibrahim Tukya Abdulkadir, Samil Manalao Mindo, Goldo Ampatuan, Amaikugao Obab Dalgan, Billy Cabaya Gabriel Jr., Abdullah Kaliangat Ampatuan, Maneb

Smair Ibrahim, Umpa Ugka Yarya, Manding Abdulkadir, Dekay Idra Ulama, Kapid Gabriel Cabaya, Kaka Batong Managilid, Sammy Ganda Macabuat, Duco Lendungan Amban and Akmad Abdullah Ulilisen.

“As of 4 p.m. the prosecutors who are in General Santos City already finalized the resolution and finished the information. But they were informed that the court was closed yesterday because of a Catholic holiday there,” Blancaflor told reporters.

The DOJ official said the rebellion complaint against all 24, approved by a special panel of prosecutors led by Senior State Prosecutor Leo Dacera, would be filed in court early today.

Justice Sec. Agnes Devanadera stressed that they would be able to justify the delay in the filing of the rebellion case the same way they did in the filing of the first multiple murder case against Datu Unsay Mayor Andal Ampatuan Jr. with the same court in Cotabato.

“Again, we encountered an unexpected holiday. So we will just explain to the court the circumstances and I’m positive that we will not lose this case based on mere technicality because we have strong evidence,” Devanadera told The STAR over the phone.

The DOJ failed to meet the prescribed period for filing of multiple murder charges against Andal Jr., which had lapsed last Nov. 30, Bonifacio Day. The information was filed on Dec. 1.

The DOJ has also approved 15 more counts of murder against Andal Jr.

Blancaflor said an amended information was set to be filed yesterday against the arrested suspect in the massacre, but was also delayed because of the holiday in Cotabato.

With yesterday’s order of the Supreme Court for the transfer of the case to the Quezon City regional trial court (RTC), the DOJ official said they opted to just await the raffle of the case before filing the amended information.

The DOJ filed an initial information for 25 counts of murder before Cotabato City RTC Branch 15 against Andal Jr. after investigating state prosecutors found ample evidence and grounds from testimonies of several witnesses supporting the allegation in the complaint filed by Buluan Vice Mayor Esmael Mangudadatu, whose wife and two sisters were among those killed in the massacre.

Charges of murder under Article 248 of the Revised Penal Code were filed against Ampatuan Jr. before Cotabato RTC Branch 15, which has jurisdiction over Shariff Aguak. Fiscals also named several “John Does” as co-respondents of Ampatuan. - Edu Punay