Prosecutors rest case vs Andal Jr., 27 others

MANILA, Philippines - After four years, the prosecution panel in the Maguindanao massacre trial ended the presentation of evidence against former Datu Unsay mayor Andal Ampatuan Jr. and 27 other suspects in the multiple murder case.

“After careful assessment and judicious deliberation, the prosecution hereby manifests that it is terminating the presentation of evidence-in-chief and ready to rest its cases against the following accused,” read the eight-page manifestation released yesterday.

The panel, led by City Prosecutor Archimedes Manabat, rested its case against Ampatuan even as the special Quezon City court handling the case has yet to rule on the suspect’s bail petition.

In addition to Ampatuan, the panel also rested its case against Chief Inspector Sukarno Dicay, Moktar Daud; Zakaria Akil, alias Quago Akil; Manny Ampatuan; Misuari Ampatuan; Police Officer 3 Gibrael Alano; Senior Police Officer 2 Badawi Bakal and Mohamad Balading.

They also finished presenting evidence against PO3 Ricky Balanueco, PO1 Michael Macarongon, SPO1 Samad Maguindara, PO1 Abdulbayan Mundas, PO1 Badjun Panegas, PO1 Amir Solaiman, PO1 Datu Jerry Utto, Armando Ambalgan and Mohades Ampatuan.

Also included in the motion were Salik Bangkulat; Macton Bilungan; Maot Dumla; Nasser Esmael, alias Nassrudin Esmael; Edres Kasan; Nasser Talib; Salipad Tampogao, alias Tato Sampogao; Supt. Abusama Maguid; Ibrahim Kamal Tatak, alias Thong Guiamano; and Rakin Kenog, alias Rakim Amil.

The panel earlier admitted that they have no more witnesses to present against all 104 arrested suspects in the massacre.

However, Manabat said they could not rest its case against those who have pending cases before Quezon City Regional Trial Court Branch 221 or the appellate courts.

“Except for the aforementioned 28 specified accused whom it is now ready to rest its cases against, the prosecution, despite disinterest to further present witnesses, is in no position to terminate its evidence presentation and rest its cases against the remaining 78 accused,” he added.

Halfway done

This development signifies the end of the prosecution panel’s turn in presenting evidence against the 28 suspects. 

The defense panel is expected to start presenting witnesses after the court rules on the prosecution’s formal offer of evidence-in-chief, which is expected to be filed soon.

The prosecution has also filed its formal offer of exhibits on the bail petition of some 60 accused, including that of Ampatuan. The court has yet to rule on the formal offer.

Once the court rules on the formal offer of exhibits, the defense lawyers will have their chance to present evidence supporting the suspects’ request for temporary freedom.

Decision by 2016?

In an earlier interview, Judge Jocelyn Solis-Reyes said she hopes that the defense panel would be able to start presenting their witnesses on the bail pleadings during the first half of this year.

Lawyer Sigfrid Fortun, who represents the Ampatuans, earlier said that they would utilize the judicial affidavit rule in their turn to present witnesses.

He earlier asked the court to subpoena several potential witnesses, such as Philippine National Police crime laboratory director Chief Superintendent Liza Fabong and Bureau of Immigration chief Sigfried Mison.

Solis-Reyes earlier said she hopes to hand down the verdict on the arrested accused by the end of President Aquino’s term in 2016.

Private prosecutor Harry Roque, however, disputed the proclamation of the judge. He said the trial for all the accused, including those who have yet to be arrested, may take another 16 years before the court can hand down the verdict.

Fifty-eight people, including 32 media practitioners, died in the Nov. 23, 2009 massacre in Ampatuan town, where a convoy led by the wife of then Buluan vice mayor and now Maguindanao Gov. Esmael Mangudadatu was stopped and murdered by more than hundred men.

The victims were on their way to file the certificate of candidacy of Mangudadatu, who was set to challenge a scion of the Ampatuan clan for the Maguindanao gubernatorial post.

A total of 197 people – including prominent members of the Ampatuan clan – were initially charged for the incident, but only 108 suspects have been arrested by authorities.