CA upholds denial of an Ampatuan’s petition for certiorari
CMFR/PHILIPPINES – The Manila Court of Appeals (CA) has upheld its 18 August 2011 denial of the petition for certiorari filed by a primary accused in the 23 November 2009 Ampatuan massacre.
In a 3 January 2012 resolution, the Manila CA’s former 16th Division denied the 31 August 2011 motion for reconsideration filed by former Mamasapano town, Maguindanao mayor Akmad “Tato” Ampatuan Sr. seeking the reversal of the 18 August 2011 decision affirming his inclusion in the list of accused in the Ampatuan multiple murder case. (The Freedom Fund for Filipino Journalists, Inc. [FFFJ] received a copy of the decision on 18 January 2012. CMFR is the secretariat of FFFJ.)
“Finding no new matter of substance which would warrant the modification much less the reversal of the assailed Decision, petitioner’s Motion for Reconsideration is hereby DENIED for lack of merit (emphasis not supplied),” said the decision penned by Associate Justice Francisco Acosta. The other members of the Division are Associate Justices Vicente Velasco and Angelita Gacutan.
Tato Ampatuan filed a Motion for Reconsideration last 31 August 2011 after the appellate court denied his petition for certiorari against former Acting Justice Sec. Alberto Agra and families of the victims in the 23 November 2009 Massacre. Tato Ampatuan alleged that Agra acted with grave abuse of discretion when he ordered his re-inclusion in the list of accused in the multiple murder case.
The Manila CA in its 18 August 2011 decision said “no reversible error (was) committed by the public respondents in finding probable cause to indict the petitioner for multiple murder.” (as qtd. in an Inquirer report, http://newsinfo.inquirer.net/44071/appeals-court-won%E2%80%99t-let-suspect-off-the-hook)
Tato Ampatuan is among the 196 persons charged with 57 counts of murder for allegedly planning and executing the killing of 58 persons including 32 journalists and media workers in Ampatuan town, Maguindanao on 23 November 2009. Almost two years have passed since the Massacre trial started but, as of press time, only 64 of the 196 alleged perpetrators have been arraigned. Of the 64, only two are members of the Ampatuan clan.
[…] November 2011, the Special (former) 11th Division of the Manila Court of Appeals (CA) upheld the 5 May 2010 decision of acting Justice secretary Alberto Agra reinstating Zaldy and Akmad “Tato” Ampatuan in the list of accused persons in the […]