MANILA, Philippines - The Court of Appeals on Wednesday dismissed for lack of form and substance a petition for the writs of amparo and habeas data filed by Datu Unsay, Maguindanao mayor Andal Ampatuan Jr., the primary suspect in the November 23 Maguindanao massacre.

In a 17-page decision penned by Associate Justice Rodil Zalameda, the CA's Twelfth Division dismissed Ampatuan's petition due to deficiencies in form and substance.

In his petition, Ampatuan accused police authorities of destroying his property and harrassing his famiy while serving a search warrant.

The CA, however, said Ampatuan's petition failed to comply with the minimum requirements of the rules on the issuance of the writs of amparo and habeas data, including violations on the petitioner's "right to life, liberty, and security."

"The writ of amparo is a remedy which applies only to violation of life, liberty and safety. It does not extend to property issues i.e the digging of holes or the damage caused to a bathtub," the resolution read.

The court noted that Ampatuan was already incarcerated at the National Bureau of Investigation (NBI) when the searches were made, thus, his right to life, libery, and security could not have been violated. It added that the Datu Unsay mayor could petition a lower court to quash the search warrants issued by regional trial court.

On the petition for writ of habeas data, the CA said the documents and evidence requested by Ampatuan Jr. are already submitted to a lower court and is a matter of public record, which meant they could request it without going through the CA>

Ampatuan Jr, along with other members of the Ampatuan led by its patriarch former Maguindanao Governor Andal Ampatuan Sr., his son, Autonomous Region in Muslim Mindanao (ARMM) Gov. Datu Zaldy Ampatuan, and more than 190 others including policemen and soldiers have been charged before the Regional Trial Court in Quezon City in connection with the November 23 Maguindanao massacre wherein 57 people were summarily executed including 30 journalists.

The victims were part of the convoy of vehicles who accompanied the wife of Esmael Mangudadatu, political rival of the Ampatuans, in filing his certificate of candidacy for the the gubernatorial post in Maguindanao.