Henchman, 33 accused to testify

MANILA, Philippines - There is now no stopping a member of the alleged private army of the Ampatuan clan from taking the witness stand in the trial of the Maguindanao massacre multiple murder case.

In an order released late last Friday, the court also affirmed the listing of 33 accused to become prospective state witnesses.

Judge Jocelyn Solis-Reyes tagged as “bereft of merit” the twin motions filed by massacre suspect Andal Ampatuan Jr. protesting the qualification of Kenny Dalandag and those of 33 others, who are Ampatuan’s co-accused in the case.

“The court... is of the view that Kenny Dalandag cannot be disqualified or excluded as a witness on the ground that he did not pass through the crucible of accused-conversion evaluation,” said Solis-Reyes, presiding judge of the Regional Trial Court Branch 221.

Dalandag is a member of a civil military organization and was allegedly present when the Nov. 23, 2009 massacre was planned. He was supposed to testify last month, but the defense panel protested.

In their motion, Ampatuan Jr.’s lawyers said Dalandag’s listing as a witness was anomalous, citing that the court should first discharge an accused from the criminal information before he is allowed to testify against his co-accused.

In her ruling, Solis-Reyes said there was no complaint filed against Dalandag and there is no need to discharge him.

Solis-Reyes also ruled in favor of the prosecution’s move listing Ampatuan Jr.’s 33 co-accused as state witnesses. 

They are: Chief Inspector Sukarno Dicay, Inspectors Rex Ariel Diongon and Michael Joy Macaraeg; Senior Police Officers 2 George Labayan, Oscar Donato, and Badawi Bakal; Senior Police Officers 1 Samad Usman Maguindara, Alimola Guianon, Ali Mluk Solano, and Eduardo Ong; Police Officers 3 Felix Ababao Daquilos, Ricky Balanueco, Rasid Anton and Felix Enate Jr.; Police Officers 2 Hamad Nana, Hernanie Decipulo Jr., Saudiar Ulah, Saudi Pasutan, and Rexson Guiama; Police Officers 1 Herich Amada, Abdula Baguadatu, Tamano Sahibal, Abdul Mundas, Espirilieto Lejarso, Esmael Manuel Guialal, Narkouk Mascud, Arunulfo Soriano, Rainier Ebus, Michael Macarongon and Pia Kamidon;and civilians Takpan Dilon, Esmael Kanapia, and Mohammad Sangki.

Earlier, the defense tagged them as co-conspirators in the murder and argued that using them as witnesses without qualifying them for conversion as such would be a travesty of justice.

Solis-Reyes said “there is nothing under the rules which requires the prosecution to ask first for the discharge of accused as state witnesses before their names may be included in the list of witnesses to be presented.”

The judge said the prosecutors were in the best position to determine who to present as their witnesses. “Not even the court can prevent them from utilizing the accused as their witnesses provided all the requirements for the latter’s discharge as state witnesses are complied with,” she said.

Members of the Ampatuan clan are among the 196 accused facing multiple murder charges in connection with the massacre.

There are 57 counts of murder pending before Solis-Reyes’ sala representing the 57 identified victims. The remains of a 58th victim have yet to be found.