Rebellion charges vs Ampatuans dismissed

MANILA, Philippines - Citing insufficient evidence, the Quezon City Regional Trial Court (RTC) has dismissed the rebellion charges against members and supporters of the Ampatuan clan.

In an 18-page order dated March 26, Judge Vivencio Baclig of the Quezon City RTC Branch 77 maintained that “the essential element of public armed uprising against the government is lacking” in the case.

Baclig also ordered the release of the accused from jail. But the accused still face multiple murder cases, which will warrant their continued detention.

The accused were included in the amended information in the murder charges filed against Andal Ampatuan Jr. in connection with the massacre of 57 people in Maguindanao last Nov. 23.

Those cleared of leading the rebellion were Andal Ampatuan Sr., his son Zaldy, Akmad Ampatuan, Anwar Ampatuan and Sajid Islam Uy Ampatuan.

Those who allegedly participated were Kusain Akmad Sakilan, Jovel Vista Lopez, Rommy Gimba Mamay, Sammy Duyo Villanueva, Ibrahim Tukya Abdulkadir, Samil Manalo Mindo, Goldo Ampatuan, Amaikugao Obab Dalgan, Billy Cabaya Gabriel Jr., Abdulla Kaliangat Ampatuan, Moneb Smair Ibrahim, Umpa Ugka Yarka, Manding Abdulkadir, Dekay Idra Ulama, Kapid Gabriel Cabaya, Koka Batong Managilid, Sammy Ganda Macabuat, Duca Lendungan Amban, Akmad Abdullah Ulilisen and several others.

The rebellion case was filed on Dec. 9, 2009 before the Cotabato City RTC Branch 15. The following day, the accused filed a motion for judicial determination of probable cause for the offense charged against them.

The case was eventually raffled to Baclig’s sala on Feb. 2 after the Supreme Court ordered a transfer of venue.

Beltran’s rebellion case cited

Baclig noted that under the Revised Penal Code, a rebellion must have as its elements a public uprising and taking of arms against the government to either remove from the allegiance to the government or deprive the chief executive or Congress of any of their powers and prerogatives.

“Thus, by its nature, rebellion is a crime of the masses or multitudes involving crowd action done in furtherance of a political end (Crispin Beltran vs. People of the Philippines),” Baclig said in his order.

“The Court finds that the totality of the evidence in the records and those adduced at the hearing is insufficient to show probable cause to indict the accused for rebellion. The prosecution abused its discretion by ignoring a clear lack of evidence to support a finding of probable cause for rebellion against the accused; thus, denying them their constitutional rights to substantive and procedural due process,” he said.

Four scenarios cited by prosecution

In filing the charges, the prosecution cited four alleged scenarios, which they said constituted the crime of rebellion:

• that there were no prosecutors available to conduct inquest and preliminary investigations relative to the mass killings in Ampatuan, Maguindanao;

• that there were massive formations of armed civilians supported by armored tanks with their own markings and allegedly under the command of the Ampatuan clan which would resist government troops;

• that the local government units were not functioning because officials and employees went on mass leave allegedly upon instigation of the Ampatuans; and

• that the courts having jurisdiction in the area of the commission of the crime were not functioning.

But Baclig ruled there was nothing in the records that would show that there was no prosecutor available to do the inquest proceedings and preliminary investigation in connection with the massacre.

He said the prosecution even failed to cite any particular instance where the accused prevented prosecutors from performing their job.

The judge said there was also no evidence to support the contention about armed mass-ups and that the Ampatuans actually prevented local officials and employees from reporting to their offices.

As to the contention that the local courts were not functioning, Baclig cited the pronouncement from the Supreme Court denying this allegation.

Government had full control

“The government has full control of the situation in Maguindanao, particularly when it declared a state of emergency and later a state of martial law therein,” Baclig said.

“This Court believes that no armed group would be bold and daring enough to challenge the might of government forces deployed in that area that time,” he said.

Baclig said the prosecution failed to substantiate its allegations with solid and convincing proof.

As regards the motion to defer the accused’s transfer from their detention to Metro Manila, the court said it was already moot and academic.

Palace to appeal

Malacañang said it would exhaust all legal remedies available in the light of the dismissal of the case.

Maguindanao gubernatorial candidate and Buluan vice mayor Esmael Mangudadatu, on the other hand, shrugged off the dismissal saying the Ampatuans were still facing multiple-murder charges anyway.

Deputy presidential spokesman Gary Olivar, in a statement, said that the appeals process is always available to the government prosecutors who prepared the case against the Ampatuans.

Olivar noted that the Ampatuans and their alleged accomplices are still facing other charges “so we counsel continued vigilance by all parties, especially the victims’ families, to ensure that justice is done.”

He also defended the decision of President Arroyo to declare martial law over Maguindanao last year, which led to the warrantless arrests of the Ampatuans for the November massacre.

“We continue to stand by the decision to declare martial law in Maguindanao, not only because there was credible evidence of rebellion, but also to expedite apprehension of suspects, collection of evidence, securing of victims’ relatives and witnesses, restoration of normal government operations and securing the peace,” Olivar said.

The Palace claimed that there was a looming rebellion in Maguindanao and used this as basis to declare martial law in the province.

While martial law was in effect, the law enforcement personnel were able to arrest the Ampatuans and other people allegedly involved in the murder of the 57 and the rebellion in the province.

“We always counsel whether or not a court decision is favorable to us, we ask all parties to respect the discretion of the court,” Olivar said.

Mangudadatu said the rebellion case was “just the tip of the iceberg” and that he was happy with the DOJ’s issuance of arrest warrants against the Ampatuans and their cohorts.

DOJ seeks Ampatuans transfer

Meanwhile, the Department of Justice (DOJ) is set to seek the transfer of Ampatuan Jr. and others earlier indicted in the Maguindanao massacre to a detention facility in Camp Bagong Diwa, Taguig.

Acting Justice Secretary Alberto Agra said the five-story building of the Bureau of Jail Management and Penology (BJMP) inside the headquarters of the National Capital Region Police Office is ready for the detention and trial of Ampatuan, his six arrested co-accused and 188 others who remain at large.

The facility used to house youths in conflict with the law and is just across the Metro Manila District Jail, where high-profile criminals like members of the Abu Sayyaf are being held.

“We inspected the BJMP facility yesterday. We are already preparing our manifestation in court to ask the transfer of six accused currently in other detention facilities to Camp Bagong Diwa,” he said.

Agra said the facility was chosen because of “accessibility, security and cost efficiency.”

“This will guarantee safety of the accused, judges, lawyers and also of the media covering the trial,” he said.

Agra said they would still pursue the rebellion charges against the Ampatuans by either filing a motion for reconsideration at the sala of Baclig or elevate the case to the Court of Appeals. – Edith Regalado, Rose Tamayo-Tesoro, Aurea Calica, Edu Punay, Marvin Sy