QC court acquits 4th accused in Maguindanao massacre

A Quezon City (QC) court has acquitted a civilian volunteer officer (CVO) charged with 58 counts of murder in the November 2009 Maguindanao massacre after the prosecution panel failed to prove that he committed the crimes charged against him.

In a seven-page order, Judge Jocelyn Solis-Reyes of the Quezon City Regional Trial Court Branch 221 cleared Tumi Timba Abas alias Guiamil Abas after granting the demurrer to evidence filed by his legal counsel.

Abas is the fourth accused CVO who was acquitted by the court.

Other CVO members namely Kominie Inggo, Dexson Saptula and Abas Anongan were ordered released last June after being acquitted of the multiple murder charges due to lack of evidence.

Records showed that Abas through his legal counsel filed the demurrer to evidence (with leave of court) on April 23, 2017 seeking for the dismissal of the cases against him on the ground that the prosecution evidence is insufficient to convict him beyond reasonable doubt.

A demurrer to evidence is filed after the prosecution has rested its case and the trial court is required to evaluate whether the evidence presented by the prosecution is sufficient enough to warrant the conviction of the accused beyond reasonable doubt.

In his demurrer, the accused alleged that the prosecution, in its comment/opposition to his motion for leave to file demurrer to evidence categorically admitted that none of their witnesses were able to identify him in open court; hence, his identity was not established by the prosecution.

The accused further argued that his name was not even mentioned in the testimonies of any prosecution witnesses, and even the arresting officers were not presented by the prosecution.

“In every criminal action, identification of the accused in open court by the prosecution witnesses is indispensable,” as stated in the demurrer of the accused.

Meanwhile, the prosecution panel again candidly admitted that the accused has remained unidentified to date, thus they submit to the sound discretion of the court whether to deny or grant the relief being sought by the accused.

In granting the demurrer, Reyes explained that a perusal of the records will show that there is nothing therein which will show that as principal, accused took a direct part in the execution of the act; forced or induced others to commit it; or cooperated in the commission of the offense by another act without which it would not have been accomplished nor as accomplice, he cooperated in the execution of the offense by previous or simultaneous acts.

In the same order, Reyes directed Chief Inspector Luis Franco Cleofe, officer-incharge of QC Jail Annex, Camp Bagong Diwa Bicutan, Taguig City to immediately release the accused from detention unless he is being detained to some other lawful cause.