Fiscals appeal bail for 25 cops in Maguindanao massacre

MANILA, Philippines - The prosecution panel in the Maguindanao massacre trial has appealed the order of a Quezon City judge granting the bail plea of 25 police officers charged with multiple murder.

In a 12-page motion for reconsideration, prosecutors asked Regional Trial Court Branch 221 Judge Jocelyn Solis-Reyes to reverse her earlier order that granted the bail petition of members of the 1507th Provincial Mobile Group (PMG) of the Philippine National Police.

The prosecutors argued that the court gravely overlooked the fact that the presence of the accused police officers at checkpoints along Isulan, Cotabato on Nov. 23, 2009 was clearly established on record.

“With due respect, there is no point to further require specific and individual identification of the accused by prosecution witnesses,” read the motion.

On Oct. 17, Reyes granted bail petitions of the police officers who belong to the “SPO1 Solano” and “Labayan” groups.

The Solano group is composed of SPO1 Ali Solano, SPO2 Samad Maguindra, PO3 Gibrael Alano, PO3 Felix Daquilos, PO2 Kendatu Rakim, PO2 Datu Jerry Utto, PO1 Marsman Nilong, PO1 Abdulmanan Saavedra, PO1 Jimmy Kadtong, PO1 Abdulbayan Mundas, PO1 Badjun Panegas, PO1 Abdurahman Batarasa, and PO1 Marjul Julkadi.

Members of the Labayan group include SPO2 George Labayan, SPO1 Alimola Guianaton, SPO1 Elizer Rendaje, PO3 Ricky Balanueco, PO2 Rexson Guiama, PO1 Bensidick Alfonso, PO1 Pendatun Dima, PO1 Ebara Bebot, PO1 Amir Solaiman, PO1 Tamano Sahibal Hadi, PO1 Michael Macarongon, and PO1 Mahamad Balading.

Reyes noted that 13 of the 25 suspects were not identified by any of the prosecution witnesses. For the remaining 12, Reyes said their mere identification “will not suffice to consider the evidence of their guilt as strong.”

“Evidence extant on record will show that they were conducting checkpoint operations and were present near the scene of the crime. Notably, however, these were the only actions attributable to the identified accused members of the 1507th PMG,” she explained.

But prosecutors argued that they should not anymore belabor to present witnesses to purposely specify or individually identify the police members of the 1507th PMG since their presence at the checkpoints has been established.

Prosecutors further argued that the court gravely erred in failing to appreciate the totality of evidence presented, all poinitng to the fact that the accused acted in conspiracy with the Ampatuans.

“Convincingly, accused had indispensable roles and cooperation in the commission of the crime. Though the establishment of checkpoints is indeed regular and legitimate exercise during election periods, it was, however, taken advantage of and loosely utilized by the Ampatuans in partnership with the policemen to carry out an evil design,” they added.