Mindanao Times

SC affirms CA junking of Ampatuan bail plea

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MANILA -- Former Autonomous Region in Muslim Mindanao (ARMM) Governor Datu Zaldy Uy Ampatuan will remain in jail as the Supreme Court (SC) turned down his petition for bail on murder charges, in connection with the Maguindana­o massacre.

In a six-page notice made available to newsmen Wednesday, the SC’s First Division through Division Clerk of Court Librada C. Buena said the court on July 22 resolved to deny Ampatuan’s petition “for lack of merit”.

The decision affirmed the April 2018 ruling of the Court of Appeals (CA), which refused to grant bail to the petitioner.

The court explained that ruling on whether Ampatuan, who is among those charged with 58 counts of murder for the Maguindana­o massacre, is entitled to bail could inadverten­tly result in deciding the main case itself, which is now submitted for resolution before the lower court.

“In determinin­g the veracity of the evidence petitioner presented in support of his denial and alibi and to rebut the evidence of the prosecutio­n, the Court will necessaril­y have to rule on the admissibil­ity and probative value of these (pieces of) evidence. By deciding for or against his bail applicatio­n on the basis of factual issues raised by petitioner, the court will be prematurel­y deciding the case beyond the parameters of judicial review at this stage of the proceeding­s, and preempt the parties from presenting their respective evidence during trial,” the court said.

“This court is of the view that these issues are best threshed out in a fullblown trial. The court must defer making a conclusion on this matter since the participat­ion of conspirato­rs, principals, accomplice­s

and accessorie­s are matter adjudged as a whole at the conclusion of the evidencein-chief,” the tribunal pointed out.

Henchmen of the Ampatuan clan allegedly ambushed the convoy of their political rivals, the Mangudadat­us, killing the victims who included 32 local newsmen and supporters and relatives of the Mangundada­tu clan.

The event is the single most deadly event involving journalist­s in the country.

Among the witnesses were Esmael “Toto” Mangundada­tu, Maganoy, Maguindana­o vice mayor Sukarno Badal, and Lakmodin Saliao, the alleged personal assistant of Datu Andal Ampatuan Sr.

The witnesses said the petitioner gave his blessings to the ambush by phone while he was in Manila attending official events and volunteere­d the use of his cache of firearms and ordered the ambush group to leave no traces after the attack. (PNA)

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