Judge orders transfer of massacre suspect-turned-state witness

MANILA, Philippines - The Quezon City judge handling the Maguindanao massacre trial has ordered the transfer of custody of a suspect-turned-state witness from the Philippine National Police (PNP) to the Department of Justice (DOJ).

In a three-page order released yesterday, Regional Trial Court Branch 221 Judge Jocelyn Solis-Reyes ordered the chief of the PNP Custodial Center in Camp Crame to transfer the custody of Esmael Canapia to the Witness Protection Program (WPP) of the DOJ.

“There is no argument that the discharge of an accused operates as an acquittal pursuant to Section 18, Rule 119 of the Revised Rules of Criminal Procedure,” read the order.

Last month, Solis-Reyes granted the motion for the discharge of Canapia, one of the initial 197 people tagged in the Nov. 23, 2009 bloodbath.

Canapia – a special Citizen Armed Force Geographical Unit member – will be the prosecution panel’s second state witness, after the court allowed last year the discharge of former Sultan sa Barongis vice mayor Sukarno Badal, a known political ally of the Ampatuans.

Solis-Reyes said Canapia was able to identify “unique” suspects in the massacre. They include Armando Ambalgan also known as Omar Bulatukan; Maot Dumla aka Not Abdul; Ibrahim Kamal Tatak aka Thong Guiamano; and Rakim Kenog aka Rakim Amil.

Last week, the panel led by City Prosecutor Archimedes Manabat asked for the release of Canapia to the WPP as it was not expressly directed in the order that granted the motion for his discharge to become a witness to the case.

The panel of prosecutors also asked the court to issue an order for the resumption of the trial for the recall of Canapia as a witness to the case.

Canapia is set to return to witness stand on March 27 to testify against all accused arraigned after Aug. 27, 2012, the last time the witness testified on the case.