Andal Jr. not required to attend DOJ hearing, says lead prosecutor

MANILA, Philippines - An official of the Department of Justice (DOJ) admitted yesterday that the presence of Mayor Andal Ampatuan Jr. of Datu Unsay, Maguindanao in the preliminary investigation last Friday in connection with the Nov. 23 massacre of 57 people was no longer required since the hearing was actually set for others respondents in the multiple murder case.

“I don’t know (why Ampatuan was summoned). Insofar as Datu Unsay is concerned, he waived his right to a preliminary investigation when he was subjected to inquest proceedings at the General Santos City airport last Nov. 26, thus the P.I. (for Mayor Ampatuan) was deemed terminated,” said Senior State Prosecutor Leo Dacera III, head of the team of prosecutors handling the massacre case.

The DOJ earlier summoned the mayor in the hearing and ordered him to submit a counter–affidavit on the other counts of murder not yet included in the information filed in court by the Philippine National Police and National Bureau of Investigation against Ampatuan.

Ampatuan’s lead lawyer Sigfrid Fortun told the investigating prosecutors led by Senior State Prosecutor Rosanne Balauag that his client would waive his right to submit defense and accused the DOJ of already having prejudged the case based on statements made by Justice Agnes Devanadera that they have strong evidence good enough to incarcerate the mayor and other members of the Ampatuan clan.

During the hearing, Balauag told Fortun that while the complaints against Mayor Ampatuan and his other clients were already submitted for resolution, they would have to await the resolution of the complaints against other respondents who opted to submit counter-affidavits since the cases would be consolidated.

Dacera told The STAR that Mayor Ampatuan, alleged mastermind of the carnage, is no longer subject of the preliminary investigation being conducted by the DOJ.

He said the DOJ is set to file today the 17 remaining counts of murder against the mayor before the court.

The fiscal said an amended complaint completing all 57 counts of murder against Ampatuan would be filed at the Quezon City Regional Trial Court Branch 221 where the case has been re-assigned from two other trial courts.

Prosecutors have secured the necessary documents on the remaining victims in addition to the 40 others already accounted for in the complaint filed with the RTC.

Dacera said that he was not sure why the mayor was still summoned by the DOJ in the preliminary investigation wherein the main suspect sustained a minor cut on his forehead after he was mobbed by mediamen.

It can be recalled that Fortun told the DOJ that his client was waiving his appearance in the preliminary investigation, but the prosecutor junked the request.

The DOJ filed last Dec. 1 an information for 25 initial counts of murder against Mayor Ampatuan before Cotabato City RTC Branch 15, which has jurisdiction over Ampatuan town where the massacre reportedly took place, after investigating fiscals found ample evidence and grounds from testimonies of several witnesses supporting the allegation in the complaint filed by Buluan Vice Mayor Esmael “Toto” Mangudadatu.

The massacre resulted to the killing of 57 people, including the Mangudadatu’s wife and two of his sisters, two female lawyers and 30 mediamen who covered the supposed filing of certificate of candidacy of the vice mayor who will run for governor of Maguindanao and challenge a scion of the Ampatuan clan.

The Mangudadatus have blamed the Ampatuans for the incident, specifically pointing to Mayor Ampatuan as the leader of more than 100 armed men who abducted Mangudadatu’s supporters.

The Ampatuans denied any involvement in the massacre.

The DOJ had filed the amended information last Dec. 9, adding 15 more counts to the information after processing documents for 15 more victims. It was filed with the Cotabato RTC, before the case was transferred to the QC RTC after the order issued by the Supreme Court last Dec. 8.

DOJ officials earlier explained that they could not immediately file all counts of murder against Mayor Ampatuan because of difficulty in securing the necessary death certificates from city hall. They said they would rely on post-mortem reports from PNP in filing the cases.

The prosecutors claimed that Mayor Ampatuan, “with evident premeditation, taking advantage of superior strength, treachery, with cruelty, in uninhabited place and by a band, armed with firearms, with intent to kill, did then and there willfully, unlawfully, and feloniously attack, assault and shoot the victims.”  

Police wary over Ampatuan’s transfer

The proposal to transfer high-risk prisoners like members of the Ampatuan clan to detention cells inside the police compound of Camp Bagong Diwa in Bictuan, Taguig City drew mixed reactions from officials of the National Capital Regional Police Office (NCRPO).

PNP spokesman Chief Superintendent Leonardo Espina suggested last week that Ampatuan and other high-risk prisoners should be transferred to the more secure NCRPO compound.

– With Non Alquitran