A year later, SC yet to decide on Mamasapano trial transfer

MANILA, Philippines — The Supreme Court has yet to act on the Department of Justice's request to transfer the Mamasapano cases from a Cotabato City court to a Metro Manila court a year after it was filed, a report from the Department of Justice shows.

On the third year since the Mamasapano clash that resulted in the deaths of over 60 people, including 44 members of the elite Special Action Force, the DOJ released a summary of events on the direct assault with murder cases filed over the bloody incident.

According to the DOJ, the government, through Prosecutor General Victor Sepulveda, "requested for the transfer of venue of the said cases from Cotabato City to Metro Manila in a letter dated Jan. 12, 2017."

Justice Secretary Vitaliano Aguirre II, then said, that the request for transfer is to "spare the trial judge from any pressure in ruling [on] the case."

The letter was addressed to Chief Justice Maria Lourdes Sereno.

The department also said that another letter reiterating the request was sent by Acting Prosecutor General Jorge Catalan on Dec. 7, 2017 to Sereno, through Court Administrator Midas Marquez.

But the DOJ noted that as of January 25, "the [SC] has not resolved the prosecution's request for the transfer of venue of the case."

A total of 88 respondents are charged with 35 counts of direct assault with murder before the Maguindanao Regional Trial Court Branch 15, over the deaths of 35 SAF commandos.

However, no respondent was charged in the death of nine commandos of the 84th Special Action Company (Seaborne) since the prosecution could find no witnesses to their deaths.

The nine commandos were the "Assaulting Party" in the execution of Oplan Exodus.

They were the nearest to the hut of Zhulkifer Bin Hir, or Zulkifli Abhir, or Marwan, one of the high-value targets of the operation.

Other targets of the operations were Ahman Akmad Batabol Usman, also known as "Basit Usman", and Amin Baco, also known as "Johan."

The report was written by Senior Assistant State Prosecutor Rosanne Elepano-Balauag.

Sereno, who is facing an impeachment rap at the House of Representatives justice panel, is accused of delaying the transfer of cases Maute gunmen involved in the attack on Marawi, Lanao del Sur in May 2017.

Benigno Aquino III, president when the Mamasapano clash happened, is facing a graft and usurpation of authority charges at the Sandiganbayan over the incident.

READ: Aquino charged before Sandiganbayan over Mamasapano | Aquino camp: No element of deceit in consulting Purisima over Mamasapano