Zaldy’s new lawyers pursue bail petition

MANILA, Philippines - The new defense lawyers of former Autonomous Region in Muslim Mindanao governor Zaldy Ampatuan have signified their intention to pursue his bail petition in the multiple murder case filed in connection with the Maguindanao massacre.

Court records show that the lawyers from the Heffron Esguerra Dy & De Jesus (HEDJ) law firm manifested in open court last week their intention to file a supplemental motion to the bail petition of their client.

In response, however, Quezon City Regional Trial Court Branch 221 Judge Jocelyn Solis-Reyes said there was no need for the motion as Ampatuan’s camp will be given the opportunity to present witnesses to support the bail petition.

HEDJ replaced the Fortun Narvasa & Salazar (FNS) law firm on June 2 as lead counsels for Ampatuan. The latter still handles the case for Ampatuan’s brother Andal Jr. and their father Andal Sr.

In a statement sent via e-mail, HEDJ said their “professional engagement in this case is the decision of the client.”

“We are in no position to opine on our client’s decision to change his counsel, as we are not privy to the professional relations they maintained in the course of their engagement,” it added.

The law firm noted that since this case is pending in court, “the rules of legal ethics preclude us from further commenting on the case.”

In a separate letter submitted to the court, Ampatuan confirmed that he has engaged the services of HEDJ to represent him in the multiple murder case.

“I also ratify any and all acts that they have performed for and on my behalf since my engagement of them last 2nd of June 2014,” he added.

Based on records, FNS entered its appearance as lead counsel for Zaldy in April 2012, almost a year after the former governor reportedly offered to become a state witness. Reports said the Department of Justice has rejected the offer.

Prior to the FNS, the firm of lawyer Firdausi Abbas was the lead counsel of Zaldy until August 2011. Lawyer Redemberto Villanueva took over in September that year and withdrawn as lead counsel in February 2012.

Abbas and Villanueva remain as collaborating counsels for Zaldy until today. Also remaining as collaborating counsels for the former governor are lawyers Eldrige Marvin Aceron and Marcial Ferrer Lopez.

Temporary liberty

Records show that Philip Sigfrid Fortun of the FNS law firm filed Ampatuan’s bail petition on the initial 57 counts of murder in December 2012.

Two months later, Lopez filed a second motion for bail in behalf of Ampatuan. Lopez asked Solis-Reyes to allow Ampatuan to post bail as the basis for his inclusion in the charge sheet has no merit.

Citing an earlier resolution of former Department of Justice secretary Alberto Agra, Lopez said it has been established that Ampatuan was not in Maguindanao when the incident happened on Nov. 23, 2009.

He also noted documents showing that the former governor was in Davao from Nov. 20 to 23, 2009, contradicting the claim of prosecution witness Kenny Dalandag who said that Ampatuan was present during the clan meeting held in Shariff Aguak the day before the massacre.

Fortun filed another bail petition, this time on the 58th murder case, in June 2013.

Last month, the court ruled to admit hundreds of pieces of evidence in opposition to the bail petition of the former governor in the first 57 murder cases. The court has yet to rule on the 58th count.

Fifty-eight people, including 32 media practitioners, died in the Nov. 23, 2009 massacre.