IBP Notes on the 24 February 2010 Ampatuan bail hearing

The hearing was called to order at 8:30 in the morning. Present in the hearing were State Prosecutors Richard Fadullon and Leo Dacera and private prosecutors Nena Santos, Prima Jesusa Quinsayas, Ma. Gemma Oquendo, and Pete Principe, while Sigfrid Fortun led the counsels for the defense of accused Andal Ampatuan, Jr., who was not present during the hearing. Also present during the hearing was DOJ Secretary Agnes Devanadera.

The hearing was for the resolution of pending motions filed with the Court–  the Motion to Suspend Proceedings filed by Saudi Ampatuan, the Supplemental Motion for Recusation filed by the Ampatuan Jr.,  the Urgent Omnibus Motion filed by (Mokamad?), and the Urgent Manifestation and Motion to Amend/Correct (some clerical errors) in the Amended Information filed by the prosecution.

As to the accused’s Recusation or motion for Judge Jocelyn Solis-Reyes to inhibit herself, State Prosecutor Fadullon manifested that the prosecution had not been furnished with an official copy of the motion and had to obtain an advance copy of it from the Court in order to comply with the 10 days given the prosecution to file its comment. He added that the prosecution’s Joint Comment/Opposition was filed with the Court on 23 February 2010.

As to the accused’s Supplemental Motion for Recusation, the prosecution manifested that it is adopting the Joint Comment/Opposition it filed the previous day (23 February 2010) as its Comment/Opposition to said Supplemental Motion for Recusation. Judge Solis-Reyes directed the defense to file its Reply to the Joint Comment/Opposition filed by the prosecution within 10 days from today and to furnish the prosecution a copy of said Reply.  Judge Solis-Reyes also gave the prosecution five days from receipt of said Reply, to file its Rejoinder if it so desires, and thereafter the matter will be deemed submitted for resolution.

On Saudi Ampatuan’s Motion to Suspend Proceedings, Judge Solis-Reyes held that the same was premature as Saudi has no personality yet in the trial pending the Court’s resolution of the prosecution’s Motion to Admit Amended Information.

Anent the prosecution’s Urgent Manifestation and Motion to Amend/Correct clerical errors in the Amended Information, filed on 19 February 2010, the same was granted by the Court and lawyer Fortun was given 10 days within which to comment on the Amended Information after which the matter would be deemed submitted for resolution.

Previous to these rulings, Judge Solis-Reyes had informed the parties that she had issued an order dated 23 February 2010 postponing  the hearing on the Ampatuan Jr.’s Petition for Bail is postponed until after the parties have filed their Comments and the Court has resolved the various motions, among others.

The hearing was adjourned at 9:00 am.

Prepared by:

Dondon D. Samoy

Noted by:

Atty. Lucito A. Tan

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