SC transfers rebellion case vs Ampatuans to QC RTC
MANILA, Philippines - The Supreme Court (SC) approved on Monday the request of the justice department to transfer the rebellion case filed against 24 individuals, including key members of the powerful Ampatuan clan of Maguindanao, from the Cotabato City Regional Trial Court to the Quezon City RTC.
Lawyer Jose Midas Marquez, SC spokesman, said "the security and the influence exerted by the [Ampatuan] family in the area" were the primary reasons considered by the high Court in allowing the transfer of the rebellion case proceedings.
Marquez said the Quezon City RTC will set the date for the raffling of the rebellion case once the information reaches its office.
Charges of rebellion were filed by the justice department against 24 individuals the clan’s patriarch, former Maguindanao Gov. Andal Ampatuan Sr., Autonomous Region in Muslim Mindanao Gov. Datu Zaldy Uy Ampatuan, Maguindanao Vice Gov. Datu Akmad Tato Ampatuan, Shariff Aguak Mayor Datu Anwar Ampatuan and Maguindanao Gov. Sajid Islam Ampatuan.
Most of the Ampatuans are detained at a regional police headquarters in General Santos City while Andal Sr. is detained at a military hospital in Davao City. They were arrested during the implementation of martial law in Maguindanao under Proclamation 1959.
Others charged were Kusain Akmad Sakilan, Jovel Vista Lopez, Rommy Gimba Mamay, Sammy Duyo Villanueva, Ibrahim Tukya Abdulkadir, Samil Manalao Mindo, Goldo Ampatuan, Amaikugao Obab Dalgan, Billy Cabaya Gabriel Jr., Abdulla Kaliangat Ampatuan, Moneb Smair Ibrahim, Umpa Ugka Yarya, Manding Abdulkadir, Dekay Idra Ulama, Kapid Gabriel Cabaya, Koka Batong Managilid, Sammy Ganda Macabuat, Duca Lendungan Amban, Akmad Abdullah Ulilisen.
Marquez said the Department of Justice (DOJ) has yet to formally ask the SC to transfer the accused to a detention facility in Metro Manila.
"We will see if they will have to be transferred, the Court will have to order that based on the circumstances," Marquez said.
Last chance
Meanwhile, the DOJ panel conducting the preliminary investigation on the rebellion complaint filed against 640 other individuals gave the respondents their last chance to answer the charges filed against them.
Assistant Chief State Prosecutor Richard Anthony Fadullon said the panel led by State Prosecutor Lamberto Fabros has set the final hearing of the preliminary investigation on January 22. The case will be deemed submitted for resolution after the said date.
Only 5 have filed their counter-affidavits.
Among them were Mayors Yacob "Jack" Ampatuan of Rajah Buayan, Maguindanao; Alexander Tumawis of Barira, Maguindanao; Ombra Sinsuat of the municipality of Datu Odin Sinsuat; Abu Talib of the Parang, Maguindanao; and Engineer Nurie Unas, provincial administrator of Maguindanao.
Sinsuat has also filed supplemental affidavits of witnesses, including police and military officials, to deny his involvement in the rebellion case.
One of these came from a senior Army officer.
"Mayor Ombra Sinsuat and the local government unit of Datu Odin Sinsuat have actively and consistently supported several activities of the military in the municipality, including the various pro-peace, pro-people projects of the brigade...," said Col. Ernesto Aradanas, Army’s 603rd Infantry Brigade commander.
The complaint filed at the DOJ accused the respondents of massing up and arming themselves in an attempt to discourage the government from taking action against the Ampatuans who are being accused of masterminding the Maguindanao massacre, where 57 people were killed, including 30 journalists last November 23.
The rebellion case is separate from the multiple murder charges filed against Datu Unsay Mayor Andal Ampatuan Jr. who was tagged as the principal suspect in the gruesome killings. The case is being heard by QC RTC Branch 221 Judge Jocelyn Solis Reyes.
In the first trial hearing held January 5, Andal Jr. pleaded not guilty to the charges. The next hearing is set January 13 in Camp Crame.
Multiple murder charges were also filed against Andal, Sr., ARMM Gov. Zaldy Ampatuan, Anwar Ampatuan and Akmad Ampatuan, and several other members of the powerful Maguindanao clan.. The preliminary investigation on the multiple murder complaint filed against them is still ongoing. With a report from Sheryll Mundo, ABS-CBN News
