AMPATUAN JUNIOR REFUSES TO ANSWER MULTIPLE MURDER CHARGES;FORTUN SAYS DOJ CHIEF BIASED
A DEFIANT but apparently "bored" Datu Unsay Mayor Andal Ampatuan Jr. was brought before prosecutors yesterday.
The government's primary suspect in the November 23 massacre in Maguindanao which resulted in the death of 57 individuals including at least 27 jounalists was brought to the justice department (DoJ) yesterday.Clad in a white shirt and a camouflage flak jacket, operatives from the National Bureau of Investigation (NBI) flanked him as he sat through the hour-and-a half proceedings.
Most newsmen covering the event wore black shirts and some belonging to the National Union of Journalists of the Philippines (NUJP) held a demonstration inside the DoJ compound. Ampatuan himself was nearly mauled as he walked inside the DoJ building which was secured by more than 300 heavily armed policemen .
Defense lawyer Sigfrid Fortun was heckled with shouts of "Mukhang Pera (Greedy for money)" by a group of demontrators led by former Pagsanjan mayor Abner Afuang.
During the proceedings itself, Ampatuan remained in handcuffs linked by a chain to another set of leg restraints and seemed bored by the hearing. At numerous times , he openly yawned while the prosecution panel led by State Prosecutor Roseanne Balauag discussed procedure with lawyers attending the case.
Fortun invoked the right to a speedy disposition of the case against his clients, the Ampatuans, and said the latter have decided to waive the filing of a counter-affidavit to answer the complaint filed by the NBI and the national police's Criminal Investigation and Detection Group (CIDG).
"On the basis of what the (prosecution) panel has said and what Sec. Devanadera has said we are submitting the matter for resolution by the (prosecution) panel." Fortun said referring to what he later claimed was "a bias" on the part of the DoJ secretary in making statements on the incident. He said they will be filing an appeal to the Court of Appeals (CA) to stop the proceedings before the DoJ.
Fortun was ordered by the prosecution panel to "make his manifestation (not to file a counteraffidavit) in writing and identify which Ampatuans he is representing."
Most of the lawyers of Ampatuan's co-respondents who were mostly policemen also claimed they have not received a copy of the formal complaint against in the client but nevertheless was ordered to file a counter affidavit within ten days, or on the next hearing of the case on December 28.
Later in the day, 26 policemen from the national police's 1507th Regional Mobile Group (RMG) based in Maguindanao arrived.
Nena Santos, a lawyer for Buluan vice mayor Ismael Mangandadatu who is the primary complainant in the case urged the panel to bring all the accused to Manila.
Mangandadatu , in a chance interview with newsmen later said he "hoped all the Ampatuans would be jailed".
The other day, the Supreme Court (SC) said a judge has been named to try the initial batch of murder cases against Datu Andal Ampatuan,Jr. and his men.
The said cases which arose from the inquest conducted four days after the November 23 incident were originally filed before the Cotabato City court but were subsequently moved to the Quezon City regional trial court due to security concerns.
In a statement the high court said the murder cases have been reraffled to Judge Jocelyn Solis Reyes, of the Quezon City Regional Trial Court Br. 221. Reyes is a five year verteran of the courts.
Two other judges, the SC announced that QC RTC Executive Judge Fernando T. Sagun ,Jr. 1st vice-executive judge Bernelito R. Fernandez and 2nd vice-executive judge Vivencio S. Baclig will go to Camp Crame to examine three possible sites for hearing the murder cases. The hearing before prosecutors in the DoJ number around 50 counts of murder.###
December 18, 2009
December 01, 2009
Witnesses positively identified Ampatuan in massacre, says DOJ chief
Ampatuan lawyer asks SC to stop crackdown
AN initial indictment for twenty five counts of murder have been filed by government lawyers against Datu Unsay town Mayor Datu Andal Ampatuan Jr. aka Unsay before the Cotabato city regional trial court (RTC) for the massacre of at least 64 individuals last November 23 at Sitio Masalay,Brgy. Malating,Ampatuan, Maguindanao.
The information filed before Branch 15 of the Cotabato RTC covered an initial batch of 25 victims including Genalyn Mangundadatu, wife of the suspect's political rival, Buluan Vice Mayor Esmael Mangundadatu.
Justice secretary Agnes Devanadera said they have secured testimony of at least 25 witnesses including the victims' next-of-kin,forensics experts as well as bystanders and other persons.
"We also have witnesses who positively identified the suspect." Devanadera said.
Devanadera commenting on the autopsy reports submitted to her said Genalyn seemed to have suffered the most injuries from gun shot wounds ,17 in all,more than the other victims.
"She had seventeen gunshot wounds, I'm looking at the others (autopsy report) some have nine (gunshot wounds) some have three." Devanadera said.
General Santos City Prosecutor Edilberto Jamora, filed the charges against Ampatuan, son of Maguidanao Governor Ampatuan Sr., with Judge Melanio Guerrero of the regional trial court Branch 15 in Cotabato City.
Meanwhile Sigfrid Fortun, the lawyer for the Amapatuans are asking the Supreme Court to issue a temporary restraining order against government agents from making arrests.
SC Spokesperson Midas Marquez told reporters that the petition will be heard with dispatch based on the urgency of the matter.
The justice department earlier filed another petition to have the hearing of the Maguindanao cases ne tranferred from Shariff Aguak to either a Manila court or Quezon city.
Marquez denied that all the judges in Cotabato city have taken a leave of absence because of fear.
"What happened was that the court which has jurisdiction in Shariff Aguak is in Cotabato City. RTC branches 13 and 14 has jurisdiction over Cotabato city while Shariff Aguak is covered by RTC branch 15.,"
He further clarified that at the time of the murders, the court had no sitting judge. The pairing judge of the said court, according to Marquez was the former father-in-law of Governor Andal Ampatuan Sr.
"That is why the Chief Justice decided to designate Judge Melanio Guererro of Sultan Kudarat. He arrived at Cotabato City at around 10:00 which allowed them to act accordingly," Marquez added.
At least six aggravating circumstances have been mentioned in the information filed by City Prosecutor AL P. Calica, Edilberto Jamora, Felipe Vicente A. Velasco, Senior State Prosecutor Leo B. Dacera and Assistant City Prosecutor Elmer D. Lastimosa.
These were evident premeditation, taking advantage of superior strength, treachery, with cruelty, in an unihabited place and by a band, armed with firearms.
No initial findings of rape however have been indicated she said."Autopsy reports confirmed that the women were not raped but all of them shot at their genitals. The twenty two women were negative for spermatozoa specimen."
"This isn't the end of our investigation, the title of our information is several john does. We have many witnesses. There are also other affluent families in maguindanao, most are local officials being pinpointed to as involved in the massacre," Devanadera added.
"On the basis of the statements submitted to us, there are more suspects apart from the suspects included in the watchlist," Devanadera said.
She also explained why there were only seven count of murder heard during the inquest last Friday."The reason that we only have seven because there were only 7 forensic reports submitted to us.
"Di magkakaroon nang hearing dahil our witnesses are reluctant to go to court and they fear for their safety and their families safety. Priority namin ang mga safety nang witnesses and future witnesses,"
"I have inforamtion that there is a tape recorder but I haven't heard of the contents. I have reasons to beleive na merong tape recorder.
Devanadera also said that there is a newly designated judge in Cotabato since the other judges and other prosecutors were all on leave.
The justice secretary confirmed that she was being told to go slow on the Ampatuans."Meron silang narereceive na pasabi the prosecutors received text messages saying that mag-ingat...I myself received such message to go slow on the ampatuans.," She said that such was only work for her."This is just work for me.I'm not taking it personally."
Devanadera added that the Ampatuans were not the only ones being considered as suspects."There are other ones, those who belong in prominent families and local officials," Devanadera added.###
AN initial indictment for twenty five counts of murder have been filed by government lawyers against Datu Unsay town Mayor Datu Andal Ampatuan Jr. aka Unsay before the Cotabato city regional trial court (RTC) for the massacre of at least 64 individuals last November 23 at Sitio Masalay,Brgy. Malating,Ampatuan, Maguindanao.
The information filed before Branch 15 of the Cotabato RTC covered an initial batch of 25 victims including Genalyn Mangundadatu, wife of the suspect's political rival, Buluan Vice Mayor Esmael Mangundadatu.
Justice secretary Agnes Devanadera said they have secured testimony of at least 25 witnesses including the victims' next-of-kin,forensics experts as well as bystanders and other persons.
"We also have witnesses who positively identified the suspect." Devanadera said.
Devanadera commenting on the autopsy reports submitted to her said Genalyn seemed to have suffered the most injuries from gun shot wounds ,17 in all,more than the other victims.
"She had seventeen gunshot wounds, I'm looking at the others (autopsy report) some have nine (gunshot wounds) some have three." Devanadera said.
General Santos City Prosecutor Edilberto Jamora, filed the charges against Ampatuan, son of Maguidanao Governor Ampatuan Sr., with Judge Melanio Guerrero of the regional trial court Branch 15 in Cotabato City.
Meanwhile Sigfrid Fortun, the lawyer for the Amapatuans are asking the Supreme Court to issue a temporary restraining order against government agents from making arrests.
SC Spokesperson Midas Marquez told reporters that the petition will be heard with dispatch based on the urgency of the matter.
The justice department earlier filed another petition to have the hearing of the Maguindanao cases ne tranferred from Shariff Aguak to either a Manila court or Quezon city.
Marquez denied that all the judges in Cotabato city have taken a leave of absence because of fear.
"What happened was that the court which has jurisdiction in Shariff Aguak is in Cotabato City. RTC branches 13 and 14 has jurisdiction over Cotabato city while Shariff Aguak is covered by RTC branch 15.,"
He further clarified that at the time of the murders, the court had no sitting judge. The pairing judge of the said court, according to Marquez was the former father-in-law of Governor Andal Ampatuan Sr.
"That is why the Chief Justice decided to designate Judge Melanio Guererro of Sultan Kudarat. He arrived at Cotabato City at around 10:00 which allowed them to act accordingly," Marquez added.
At least six aggravating circumstances have been mentioned in the information filed by City Prosecutor AL P. Calica, Edilberto Jamora, Felipe Vicente A. Velasco, Senior State Prosecutor Leo B. Dacera and Assistant City Prosecutor Elmer D. Lastimosa.
These were evident premeditation, taking advantage of superior strength, treachery, with cruelty, in an unihabited place and by a band, armed with firearms.
No initial findings of rape however have been indicated she said."Autopsy reports confirmed that the women were not raped but all of them shot at their genitals. The twenty two women were negative for spermatozoa specimen."
"This isn't the end of our investigation, the title of our information is several john does. We have many witnesses. There are also other affluent families in maguindanao, most are local officials being pinpointed to as involved in the massacre," Devanadera added.
"On the basis of the statements submitted to us, there are more suspects apart from the suspects included in the watchlist," Devanadera said.
She also explained why there were only seven count of murder heard during the inquest last Friday."The reason that we only have seven because there were only 7 forensic reports submitted to us.
"Di magkakaroon nang hearing dahil our witnesses are reluctant to go to court and they fear for their safety and their families safety. Priority namin ang mga safety nang witnesses and future witnesses,"
"I have inforamtion that there is a tape recorder but I haven't heard of the contents. I have reasons to beleive na merong tape recorder.
Devanadera also said that there is a newly designated judge in Cotabato since the other judges and other prosecutors were all on leave.
The justice secretary confirmed that she was being told to go slow on the Ampatuans."Meron silang narereceive na pasabi the prosecutors received text messages saying that mag-ingat...I myself received such message to go slow on the ampatuans.," She said that such was only work for her."This is just work for me.I'm not taking it personally."
Devanadera added that the Ampatuans were not the only ones being considered as suspects."There are other ones, those who belong in prominent families and local officials," Devanadera added.###
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