CA upholds dismissal of rebellion charges vs Ampatuan clan

MANILA, Philippines - The Court of Appeals (CA) has affirmed its ruling acquitting members of the Ampatuan clan and their supporters of rebellion charges related to the massacre of 57 people in Maguindanao on Nov. 23, 2009.

In a three-page resolution released yesterday, the CA’s former special 17th division dismissed the Office of the Solicitor General’s appeal of its Dec. 15, 2011 ruling that upheld the March 2010 verdict rendered by Quezon City Regional Trial Court Judge Vivencio Baclig.

The CA, in a ruling penned by Associate Justice Elihu Ybanez, held that the motion for reconsideration filed by the government failed to present new arguments that would warrant the reversal of its decision.

In its Dec. 15, 2011 decision, the CA blamed the prosecution for the weak case against the accused. “A judge or fiscal may not go on with the prosecution in hope that some credible evidence might later turn up during trial. The prosecutors may have indeed abused the criminal justice system,” the appellate court ruled.

The CA said the DOJ was not able to prove its claim of rebellion against the Ampatuans and their followers.

Apart from Andal Sr. and Zaldy Ampatuan, also cleared were Datu Anwar Ampatuan, Datu Sajid Islam Ampatuan and Datu Akmad Tato Ampatuan.

Cleared, too, were Ampatuan allies Akmad Abdullah Ulilisen, Kusain Akmad Sakilan, Duca Lendungan Amban, Jovel Vista Lopez, Rommy Gimba Mamay, Sammy Duyo Villanueva, Ibrahim Tukya Abdulkadir, Samil Manalao Mindo, Goldo Ampatuan, Amaikugao Obab Dalgan, Billy Cabaya Gabriel Jr., Abdulla Kaliangat Ampatuan, Moneb Samir Ibrahim, Umpa Ugka Yarya, Dekay Idra Ulama, Kapid Gabriel Cabaya, Koka Batong Managilid, Sammy Ganda Macabuat and Manding Abdulkadir.

The government initially used the rebellion charges to arrest the Ampatuans since prosecutors had yet to establish the grounds to file murder charges.