Ampatuan was accused of shooting to death Asistido while they were on a night-out at the Venue Entertainment Compound.
In her decision, Europa contended that the prosecution failed to prove treachery, an essential element in murder, in the case against the 19-year old accused. Europa furthered that the pieces of evidences presented were not sufficient enough to deny Ampatuan his constitutions right to bail.
The RTC judge said that based on the evidence presented by the prosecution, there was a strong case of homicide against Ampatuan but that there was no treachery, which is a qualifying circumstance to indict the latter for murder. But Europa also ruled that Ampatuan’s movement should be restricted. The accused was directed not to leave the territorial jurisdiction of Davao City without the permission of the court.
Ampatuan’s lawyer, Cesar Dataya, also vowed that his client would report to the court every 15th day of the month as ordered by Europa.
However, the RTC judge was also quick to point out that her order to grant bail to Ampatuan should not be taken as her having resolved the issue on the guilt of the accused but rather matter on the granting of the bail based on the evidence presented. — Edith Regalado