Court allows release of teen suspect

MANILA, Philippines - An 18-year-old man accused of participating in the Nov. 23, 2009 massacre of 57 persons in Ampatuan town in Maguindanao has been allowed to post bail for his temporary release.

In a Feb. 6 order, Judge Jocelyn Solis-Reyes of the Quezon City Regional Trial Court Branch 221 said she allowed the release of the suspect because he was only 16 when the crime was committed. The suspect will turn 19 on March 24.

The suspect is the first of the remaining 196 accused in the case allowed to be released. A policeman who was indicted in the case was removed from the list of the suspect and later freed.

Solis-Reyes said the suspect can post bail of P200,000 for each of the 57 counts of murder or be released “on recognizance to his parents or other suitable persons.” This means he could be released once he posts a total of P11.4 million bail or his recognized adult keeper submits the necessary documents.

She has ordered the suspect’s transfer from the Quezon City Jail Annex in Camp Bagong Diwa to the Molave Youth Home in the Quezon City Hall compound while the suspect makes a choice. He has been transferred to the youth detention center at 11 a.m. yesterday, a Bureau of Jail Management and Penology (BJMP) employee told the court.

However, during the hearing yesterday afternoon, lawyer Andres Manuel said his client wants to remain in the Bicutan jail facility, where he had been detained for more than a year, while he decides which option – posting bail or being in the custody of a keeper – he would choose. Manuel told reporters his client feels more secure in the Bicutan facility.

Solis-Reyes said she will have to wait for an official written report from the BJMP before she can act on the suspect’s new request.

Reconsideration

The suspect’s camp had filed a motion for reconsideration of the earlier order of the court in October last year denying his earlier plea to post bail. The accused’s lawyers cited provisions of Republic Act 9344 or the Justice and Welfare Act of 2006.

A revision of an administrative memorandum was issued by the Supreme Court (SC) was issued on Nov. 24, 2009 stating that a minor could only be released on bail or on recognizance to his parents or guardians only if the crime he allegedly committed is not punishable with life imprisonment. This took effect on Dec. 1, 2009.

But the massacre in Ampatuan town happened a day before the SC memorandum was issued.

“The provision on bail and recognizance under the Revised Rule on Juveniles in Conflict with the Law which took effect on Dec. 1, 2009 may not be applied retroactively,” the court said.

“It appears that at the time of the alleged commission of multiple murder on Nov. 23, 2009 by the child-movant, the Revised Rule was still inexistent. Being penal in nature and unfavorable to the child-movant, the same cannot be given retroactive effect,” it added.

The now 18-year-old suspect is a militiaman who is presently detained with other arrested suspects kept in Camp Bagong Diwa in Taguig. Court records show that on the day the warrant was issued for his arrest in 2010, the suspect was celebrating his 17th birthday.

Among the 196 indicted suspects in the multiple murder case are members of the Ampatuan clan.