Private prosecutor: resting in ‘evidence-in-chief’ does not reflect ‘first in, first out’ principle
CMFR/Philippines – On Thursday, 31 July 2014, the Freedom Fund for Filipino Journalists Inc. (FFFJ) held a press briefing for two private prosecutors representing victims’ families in the trial of suspects in the Ampatuan (Maguindanao) massacre. They expressed their disagreement with the manifestation filed by the panel of state prosecutors to rest in presenting “evidence-in-chief” against the bail petitioners. They agreed with resting in the bail proceedings, as well as in “evidence-in-chief” only for those of the accused without bail petitions.
Quinsayas and two other private prosecutors, Nena Santos and Gemma Oquendo, said the move will prevent the prosecution from presenting additional evidence should they lose in the bail petitions.
But another private prosecutor, lawyer Harry Roque, dismissed the issue as a mere disagreement between Santos and Quinsayas on one hand and everyone else on the other. Roque expressed agreement with the motion to rest, saying that: “It was upon our instance that the Supreme Court allowed the system of “First in-First Out” that allows the prosecution to rest its case against some of the 194 accused without waiting for the presentation of the evidence against all of the accused. It was pursuant to this that the prosecutors partially rested its evidence against 28 of the accused,” Roque said in a blog post.
But FFFJ legal counsel Prima Jesusa Quinsayas said that resting in “evidence-in-chief” before the resolution of the bail petitions in the Ampatuan (Maguindanao) Massacre Trial does not reflect the “first in, first out” system. Quinsayas pointed out that the list of the 28 accused for whom state prosecutors intend to rest their case in both the bail petitions and “evidence-in-chief” does not show that they were among the first arrested, arraigned or the first to file a bail petition (See Table below).
Table: List of 28 accused in the Ampatuan Massacre Trial for whom state prosecutors intend to rest their case in both the bail petitions and “evidence-in-chief”
| No. | Name of accused | Date/s arraigned* | Date/s bail petitions / motions were filed** |
|
1 |
DATU ANDAL AMPATUAN, JR. ALIAS “UNSAY” | 1/5/2010 (for 41 counts); 2/3/2010 (for 15 counts); 7/28/2010 (for the 57th count); 5/29/2013 (for the 58th count) |
12/3/2009; 9/9/2010; 6/19/2013 |
|
2 |
P/Chief Insp. SUKARNO A. DICAY | 7/28/2010 (for 57 counts); 5/29/2013 (for the 58th count) |
11/9/2011; 12/16/2013 |
|
3 |
MOACTAR T. DAUD | 10/20/2010 (for 57 counts); 10/23/2013 (for the 58th count) |
4/3/2011; 2/12/2014 |
|
4 |
ZACARIA P. AKIL (alias QUAGO PAGALAD AKIL/TINTINGAN) | – do – (for 57 counts); 5/29/2013 (for the 58th count) |
no petition for bail |
|
5 |
MANNY A. AMPATUAN | 4/15/2013 (for 57 counts); 5/29/2013 (for the 58th count) |
no petition for bail |
|
6 |
MISUARI SINSUAT AMPATUAN | 5/4/2011 (for 57 counts); 10/23/2013 (for the 58th count) |
5/6/2011; 12/12/2014 |
|
7 |
PO3 GIBRAEL R. ALANO | – do – (for 57 counts); 5/29/2013 (for the 58th count) |
5/12/2011: 10/24/2013 |
|
8 |
SPO2 BADAWI P. BAKAL | 4/7/2011 (for 57 counts); 5/29/2013 (for the 58th count) |
no petition for bail |
|
9 |
PO1 MOHAMMAD K. BALADING (alias Midrael Macarongan Balading) | – do – (for 57 counts); 5/29/2013 (for the 58th count) |
5/20/2011; 8/16/2013 |
|
10 |
PO3 RICKY D. BALANUECO | – do – (for 57 counts); 5/29/2013 (for the 58th count) |
5/20/2011; 8/16/2013 |
|
11 |
PO1 MICHAEL MACAPEGES MACARONGON/MACORONGON | – do – (for 57 counts); 5/29/2013 (for the 58th count) |
5/20/2011; 8/16/2013 |
|
12 |
PO1 SAMAD USMAN MAGUINDARA/Maguindra | – do – (for 57 counts); 5/29/2013 (for the 58th count) |
5/12/2011; 10/24/2013 |
|
13 |
PO1 ABDULBAYAN U. MUNDAS/Bundas | – do – (for 57 counts); 5/29/2013 (for the 58th count) |
5/12/2011; 10/24/2013 |
|
14 |
PO1 BADJUN IBAD PANEGAS | – do – (for 57 counts); 5/29/2013 (for the 58th count) |
5/12/2011; 10/24/2013 |
|
15 |
PO1 AMIR SOLAIMAN | – do – (for 57 counts); 5/29/2013 (for the 58th count) |
5/20/2011; 8/16/2013 |
|
16 |
PO1 DATU JERRY M. UTTO | – do – (for 57 counts); 5/29/2013 (for the 58th count) |
5/12/2011; 10/24/2013 |
|
17 |
ARMANDO O. AMBALGAN (alias JAMIL BULATUKAN OMAR KAYANSANG) | 12/1/2011 (for 57 counts); 5/29/2013 (for the 58th count) |
11/24/2011; 7/5/2013 |
|
18 |
MOHADES A. AMPATUAN | 10/6/2010 (for the 57 counts); 10/23/2013 (for the 58th count) |
4/3/2011; 2/12/2014 |
|
19 |
SALIK S. BANGKULAT | – do – (for 57 counts); 10/23/2013 (for the 58th count) |
5/19/2011; 2/12/2014 |
|
20 |
MACTON A. BILUNGAN | – do – (for 57 counts); 10/23/2013 (for the 58th count) |
4/3/2011; 2/12/2014 |
|
21 |
MAOT M. DUMLA (alias NHOT ABDUL) | – do – (for 57 counts); 10/23/2013 (for the 58th count) |
2/12/2014 |
|
22 |
NASER/Nasser S. ESMAIL/Esmael (alias NASRUDIN ESMAEL) | – do – (for 57 counts); 5/29/2013 (for the 58th count) |
5/6/2011; 7/5/2013 |
|
23 |
EDRES G. KASAN (alias EDRIS GOGO ALIP) | 5/23/2012 (for 57 counts); 5/29/2013 (for the 58th count) |
no petition for bail |
|
24 |
NASSER TALIB a.k.a MORALES SISAY AMILAN | – do – (for 57 counts); 5/29/2013 (for the 58th count) |
2/12/2014 |
|
25 |
SALIPAD M. TAMPOGAO (aka Tato Sampogao) | 5/11/2011 (for 57 counts); 10/23/2013 (for the 58th count) |
5/19/2011; 2/12/2014 |
|
26 |
P/Supt. ABUSAMA MUNDAS MAGUID (AL HAJ) | 10/24/2012 (for 57 counts); 9/25/2013 (for the 58th count) |
no petition for bail |
|
27 |
THONG E. GUIMANO (alias IBRAHIM KAMAL TATAK) | – do – (for 57 counts); 10/23/2013 (for the 58th count) |
2/12/2014 |
|
28 |
RAKIM AMIL (a.k.a. RAMIL KENOG) | – do – (for 57 counts); 5/29/2013 (for the 58th count) |
no petition for bail |
*based on court records as of May 2014
**based on court records as of July 2014
“Based on the list of 28 accused for whose cases the prosecution has moved to rest evidence-in-chief, his reason (Roque’s) for supporting the partial resting in evidence-in-chief does not hold,” Quinsayas said.
Santos and Quinsayas said they did not object to the prosecution resting on the bail case, as the Prosecution must only present strong evidence of guilt to block a bail petition, while they must prove guilt beyond reasonable doubt with the “evidence-in-chief” to secure a conviction.
She added that the Supreme Court guidelines, which were given in an effort to speed up the trial, do not even mention the “first in, first out” concept. “Instead, the guidelines allow separate trials for the accused if so decided by the trial judge based on her discretion.”
In 10 December 2013, the Supreme Court released five guidelines to help speed up the massacre trial. One guideline allows for the Judge “to hold, based on her discretion, separate trials of the accused against whom the prosecution contemplates no further evidence.”
New guidelines for the Maguindano multiple murder trials by Center for Media Freedom and Responsibility
Quinsayas also disputed Roque’s claim that the conflict was between her and Nena Santos on one side and “everyone else” on the other.
“There’s no conflict between the public and private prosecutors in the Ampatuan massacre case. The conflict is between attorneys Nena Santos and Prima Quinsayas and everyone else,” Roque said.
“I was surprised because I did not know I had a conflict with ‘everyone else’ who I guess includes him,” Quinsayas said. “I have had no issue with Roque or with his associates.”
CMFR serves as the administrative and technical Secretariat of the FFFJ.
Comments are closed.