Court grants bail for 16 accused police officers

CMFR/Philippines – Branch 221 of the Quezon City Regional Trial Court granted the bail petitions of 16 police officers accused in the Ampatuan (Maguindanao) Massacre trial on 13 October 2014 on the basis of a finding that the evidence of guilt against the 16 is weak.

The court set bail at PHP200,000 (approximately USD4,500) for each count of murder filed against the accused, or a total of PHP11.6-million (approximately USD260,000) for each of the 16. Under the Philippine Rules on Criminal Procedure, any person accused of committing a crime punishable by reclusion perpetua (life imprisonment) such as murder may be granted bail if the prosecution fails to show strong evidence of guilt.

The 16 accused who have been granted bail are:

1. PO1 (Police Officer 1) Herich Manisi Amaba
2. PO3 Rasid Anton
3. PO3 Felix E. Eñate Jr.
4. PO1 Esprielito Giano Lejarso
5. PO1 Narkouk D. Mascud
6. SPO1 Eduardo Hermo Ong
7. PO2 Saudi Pasutan
8. PO1 Arnulfo Soriano
9. PO1 Pia Kamidon
10. PO3 Abibudin S. Abdulgani
11. PO2 Hamad Nana
12. PO1 Esmael Manuel Guialal
13. SPO2 Oscar Donato
14. PO1 Abdula Samma Baguadatu
15. PO2 Saudiar Alo Ulah
16. Police Inspector Michael Joy Macaraeg

The police officers were members of the 1508th Provincial Mobile Group, which set up one of the checkpoints that blocked the massacre victims’ convoy that was on its way to Shariff Aguak town.

The 13 October 2014 order sought to resolve 17 bail petitions, but one of the petitioners, PO2 Hernanie S. Decipulo Jr., allegedly committed suicide while in prison on 6 February 2012.

On 23 November 2009, 58 men and women, 32 of whom were journalists and media workers, were killed in an incident of election-related violence in Ampatuan town, Maguindanao province.

The trial for the massacre started in January 2010. A hundred and ninety-six (196) individuals, including police officers, militiamen and members of the Ampatuan family, a powerful political clan in Maguindanao, stand accused of planning and carrying out the massacre.

To date, 112 of the accused have been arrested and detained. At least 70 have filed petitions for bail.

Private counsel for the families of 17 journalists and media workers killed in the massacre, Prima Quinsayas, said, “The grant of bail is a psychological victory for the accused. A scary thought is the possibility of even just one of these accused actually posting bail and then go looking for the witnesses who have testified against him.”

On 31 July 2014, Quinsayas and two other private prosecutors, Nena Santos and Gemma Oquendo, publicized their opposition to the state prosecutor’s intent to rest in “evidence-in-chief” or evidence to prove guilt beyond reasonable doubt even before the bail petitions have been resolved.

They explained that it would prevent the prosecution from presenting additional evidence in case the bail petitions are resolved in favor of the accused.