SC rejects DOJ request for courts outside Mindanao to try Maute cases

The Supreme Court (SC) has turned down the request of the Department of Justice (DOJ) to assign special courts in Luzon or Visayas to hear cases that may be filed against Maute group members who laid siege to Marawi City.

During Tuesday's en banc session, the SC designated the regional trial courts in Cagayan de Oro City-a nearly three-hour drive from Marawi-to hear, try and decide on the possible rebellion and terrorism cases to be filed against the members of the terror group.

The high court reminded Cagayan de Oro courts to expedite processes such as, but not limited to the conditional examination of witnesses, depositions and interrogatories, and extended pre-trial proceedings to facilitate the trial.

The Court of Appeals Mindanao Station, also based in Cagayan de Oro City, is tasked to hear and resolve incidents relative to the requirements of Republic Act 9372 (Human Security Act).

Under Section 7 of RA 9372, authorities must secure an order from the appellate court in order to "listen to, intercept and record" any communication between members of an outlawed terrorist organization, association, or group of persons or of any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism.

As for the detention of arrested terrorists, the SC said they should be detained at Camp Evangelista in Barangay Patag, Cagayan de Oro City.

The SC also directed Court Administrator Jose Midas Marquez to coordinate with the Commanding General of the military's Fourth Infantry Division to determine “appropriate security measures" for court personnel, prosecutors, lawyers and the accused.

The high court said the detention facilities must be under the supervision and control of the Cagayan de Oro City Regional Trial Court.

Sought for comment, Justice Secretary Vitaliano Aguirre II said he will ask the high court to reconsider its decision.

Aguirre turned to the SC last May 29 after Mindanao prosecutors voiced concern about their safety following the attacks in Marawi City that laid the basis for the declaration of martial law in the region by President Rodrigo Duterte.

The Cabinet official had urged Chief Justice Maria Lourdes Sereno to take the necessary actions for the protection of the members of the judiciary who will eventually hear the rebellion and other cases that may be filed against the members of the Maute group who will be captured or surrender. 

"Having specialized courts already created in places outside Mindanao, the territorial area of operation of terrorists, shall ensure safety to all those who will take part in the proceedings. With this in mind, justice may run its course without fear of violence and threat thereof," Aguirre said in a letter.

Under the 1987 Constitution, a person who is arrested or detained while martial law is in effect must be charged in court within three days. Otherwise, he must be set free.

Duterte imposed martial law in Mindanao on May 23 following deadly clashes in Marawi City involving militants led by the Maute group whom he said were trying to establish a caliphate for international terror group ISIS.

The government has already ordered the arrest of 139 individuals identified as members of the Maute group, Abu Sayyaf group and their sympathizers for the crime of rebellion.

Eighty-nine Maute members are also facing kidnapping and kidnapping with murder cases before the Malabang Regional Trial Court in Lanao Del Sur.

Four Maute members were charged before the same court with a case for illegal possession of improvised explosive and incendiary devices. —ALG, GMA News