Minor in Maguindanao massacre a flight risk

MANILA – Citing that he could be used for "sinister" plans by his co-accused and the possibility that he could leave the country, the prosecution has opposed a court order allowing a suspect in the "Maguindanao massacre," who was a minor when it happened, to be released on bail or to an able keeper.

"With the gravity and number of his indictments, the strength of evidence against him, ... and the prospect that he will be spending the rest of his life in prison once verdict shall have been pronounced are enough reasons for him to take flight and turn into a fugitive from justice," the prosecution said in its motion for reconsideration.

The prosecution said the accused, who is turning 19 on March 24, should be disqualified from the application of the Juvenile Justice and Welfare Act.

According to the prosecution, the accused, who was only 16 when the massacre happened, could be held in a youth detention home or under the care of the Department of Social Welfare and Development but should not be released on bail or recognizance to his parents.

Based on an earlier ruling made by Judge Jocelyn Solis-reyes of the Regional Trial Court Branch 221, the suspect could post bail of P200,000 for each of the 57 counts of murder or he could be released " on recognizance to his parents or other suitable persons."

This means he could be released once he posts the bail with total amount of P11,400,000 or once his recognized adult keeper submits the necessary documents.

In the meantime, while either of these is yet to be satisfied, the suspect was transferred to the Molave Youth Home inside the Quezon City Hall Compound from the Quezon City Jail-annex in Camp Bagong Diwa, Taguig, where the other accused in the massacre are held.

A revision of an administrative memorandum issued by the Supreme Court was issued on November 24, 2009 stating that a minor could only be released on bail or on recognizance to his parents or guardians only if the crime he allegedly committed is not punishable with life imprisonment. This took effect on December 1, 2009.

But the massacre in Ampatuan town happened a day before the SC memorandum was issued and Solis-Reyes ruled that the provision on bail and recognizance could not be applied retroactively.

However, in the prosecution's appeal, the panel cited that the accused "is being charged of 57 counts of murder that carries with it the penalty of reclusion perpetua in each case."

"The magnitude of his cases and the social and public impact so created and caused as a necessary consequence are persuasive grounds to take herein subject out of the ambit of the provision of RA No. 9344. Accused's involvement in a grossly horrible incident unbelievably and unlikely of minors to commit is cogent reason to disqualify and exclude him from the provisions of the law as it will better serve as exemplary and effective detterent to juveniles from getting themselves out of any involvement in similar incidents," the prosecution said.

According to the prosecution, the accused was in close association with the principal suspects before the massacre. The prosecutors said there was no assurance that such connection had been severed upon their arrest. (Philippine STAR News Service)