64 motions bog down Maguindanao massacre trial

MANILA, Philippines - More than six months after the Nov. 23, 2009 “Maguindanao massacre,” hearings on the merits of the multiple murder case have yet to push through – the judge has 64 motions from both the defense and the prosecution to resolve first.

Among the motions Judge Jocelyn Solis-Reyes of the Quezon City Regional Trial Court Branch 221 are five “recusations” or motions filed by the defense asking for her inhibition from the case.

Even former Autonomous Region in Muslim Mindanao governor Zaldy Ampatuan asked, through yet another motion, for him to be tried separately from the other accused precisely because of the several number of those indicted in the multiple murder case. He asked the court for a speedy trial on the charges against him, citing his health condition.

The former ARMM governor stressed the numerous pleadings filed by both the defense and the different sets of lawyers for each of the 197 accused.

In fact, court records listed 23 lawyers and law firms – some working in pairs and some on their own – representing the 197 accused in the multiple murder charges. Even Zaldy has his own lawyers, separate from the law firm representing his father Andal Sr. and brother Andal Jr.

Only 11 of the 197 accused in the case have been arraigned or entered their pleas to the charges against them.

Court staff said the rest of them have yet to be arraigned because of their pending motions for judicial determination of probable cause.

Among those 11 accused is Andal Jr., former mayor of Datu Unsay town, who was the first to be arrested and indicted for the killings of 57 people, including media practitioners.

But the last hearing for Andal Jr.’s petition for bail happened way back on Jan. 27 and was never followed by another because of the first petition for Solis-Reyes’ inhibition that he filed in February.

Solis-Reyes denied the recusation, saying she had exhibited integrity and impartiality during the course of the hearings. But this did not prevent the defense from filing four similar motions.

Court staff told reporters that since then, the hearings being held were mostly on the numerous motions and pleadings filed by both camps, with the court deeming to resolve first the several pending motions instead of proceeding with the hearings on the actual merits of the case.

Even the hearings on the merits of the cases against the 10 other accused who have already been arraigned cannot push through partly because of the other pending “recusations” filed by the defense, according to court staff.  

Based on court records, some 20 of the 64 motions filed before the court have been resolved by the court.

The nature of these pleadings before the court varies from a camp questioning certain pronouncements of the other camp before the media to asking for the conduct of medical examination for some of the accused as in the case of Zaldy and his father Andal Sr. both were granted by the court.

There was also one, in which a lawyer protested over media reports on Zaldy’s request for a medical and mental health exam, even asking for the confidential treatment of his medical records, which was eventually denied by the court.