SC rejects Ampatuan plea to include key witness in multiple murder raps

The Supreme Court has upheld a lower court decision not to include a key witness in the Nov. 23, 2009 Maguindanao massacre as an accused in the high-profile multiple murder case.

 

In a 10-page ruling penned by Associate Justice Lucas Bersamin, the high court said murder suspect Andal Ampatuan Jr. cannot compel the Department of Justice to include witness Kenny Dalandag in the murder charge sheet which includes more than 190 accused.

 

Dalandag, who had confessed in two affidavits that he participated in the killings, was placed under the Witness Protection Program in August 2010. Two months later, however, Ampatuan wrote to Justice Secretary Leila de Lima and Assistant Chief State Prosecutor Richard Fadullon to also charge Dalandag with multiple murder. Ampatuan reiterated his request twice, on October 22 and Nov. 2, 2010.

 

But in her letter-response, De Lima denied the Ampatuan camp's request, prompting the latter to bring up the matter before the Manila Regional Trial Court through a petition for mandamus.

 

In turn, the Manila court ruled in favor of De Lima and junked Ampatuan's petition. This forced the accused to seek help from the high court by filing a petition for review on certiorari.

 

But in its ruling, the high court sided with the DOJ and the Manila court.

 

"As much as respondent Secretary of Justice may be compelled to act on the letter-request of petitioner, but may not be compelled to act in a certain way i.e. to grant or deny such letter-request," the high court said.

 

"Considering that respondent Secretary of Justice already denied the letter-request, mandamus [is] no longer available as petitioner's request," it added. WPP

 

Also in its ruling, the high tribunal said Republic Act No. 6981, which created the Witness Proection Program, does not require to first charge a person in court as an accused for him or her to qualify for admission to the WPP.

 

"The admission of Dalandag into the Witness Protection Program of the Government as a state witness since August 13, 2010 was warranted by the absolute necessity of his testimony to the successful prosecution of the criminal charges," the SC said.

 

"The admission as a state witness under Republic Act No. 6981 also operates as an acquittal, and said witness cannot subsequently be included in the criminal information except when he fails or refuses to testify... The immunity for the state witness is granted by the DOJ," the high court said.

 

The high court also cited the separation of powers among the three co-equal branches of government. The SC said the only time the SC can excercise judicial power over a prosecutor is if he committed grave abuse of duty.

 

"The records herein are bereft of any showing that the Panel of Prosecutors committed grave abuse of discretion in identifying the 196 individuals to be indicted for the Maguindanao massacre. It is notable in this regard that petitioner does not assail the joint resolution recommending such number of individuals to be charged with multiple murder, but only seeks to have Dalandag charged," the high court said.

 

The high court said even if Dalandag gets charged in court, the prosecution would just the same ask for his discharge by presenting in court a certification showing his admission to the WPP.

 

"The Court shall then order the discharge and exclusion of said accused from the information," the court said. Ampatuans

 

Ampatuan, along with his brother, former Autonomous Region in Muslim Mindanao Governor Rizaldy Ampatuan and their father, clan patriarch and former Maguindanao Gov. Andal Ampatuan Sr., is among the 196 individuals accused for the Maguindanao massacre. All three have pleaded not guilty to the charges.

 

A total of 58 people, including 32 journalists , were killed in the carnage. They were part of a convoy that was headed to Shariff Aguak to file the certificate of candidacy of then-Buluan Vice Mayor Esmael Mangudadatu for Maguindanao governor.   

Mangudadatu's wife and two sisters were among those killed. He ended up winning the gubernatorial post during the May 2010 polls. Mangudadatu is now seeking re-election.

 

Apart from the Ampatuans, also accused are members of the clan's private army and the local police. Over 100 suspects are already in government custody, mostly detained at Camp Bagong Diwa in Taguig City and some detained in Camp Crame in Quezon City. — RSJ, GMA News