CA junks with finality Zaldy Ampatuan’s plea for transfer to hospital

The Court of Appeals has junked with finality the plea of former Autonomous Region in Muslim Mindanao governor Zaldy Ampatuan to be transferred from the New Bilibid Prison to a Muntinlupa hospital.
 
In a resolution issued on April 11, the CA Special Division of Five dismissed Ampatuan’s motion, asking the appellate court to reconsider its decision to junk his appeal in July 2022.

“All other issues raised by petitioner in the motion for reconsideration are but a mere reiteration of the issues presented in his petition for certiorari and which were already exhaustively discussed in the decision,” it said.

“Therefore, there exists no cogent reason to reconsider,” it added.

This stemmed from Ampatuan’s petition for certiorari questioning the July 2020 order of the Quezon City Regional Trial Court Branch 221, which denied his urgent motion to be extricated from the NBP due to the COVID-19 pandemic.
 
The CA reiterated that significant developments in the management of the COVID-19 situation have occurred.

Further, the Court said that Ampatuan’s admission that QC RTC Branch 221 Presiding Judge Jocelyn Solis-Reyes knew of his medical records negated hostility and arbitrariness on the part of Solis Reyes.
 
“This is a reiteration of the statements in the petition for certiorari where petitioner himself acknowledged and enumerated the instances when public respondent, from time to time, issued orders allowing him to undergo necessary medical procedures and checkups,” it said.

“This, in point of fact, negates hostility and arbitrariness on the part of the public respondent,” it added.

The CA also dismissed Ampatuan’s argument that the denial of his motion violated his right to life and suppressed his right to appeal.
 
“A careful examination of the public respondent’s order and this court’s decision shows that nothing therein prevents petitioner from filing the appropriate remedies under the Rules of Court,” it said.

“To repeat, with the developments in the COVID-19 situation, this Court finds the reliefs prayed for in the petition for certiorari and the instant motion moot,” it added.

On November 23, 2009, armed men abducted the relatives and supporters of Maguindanao gubernatorial candidate Esmael Mangudadatu who were on their way to file his candidacy and forced them up a remote hill where they were shot and killed.

Fifty-eight people died, 32 of whom were members of the media who had accompanied Mangudadatu's camp to cover the candidacy filing. Six of the victims were not part of the convoy at all.
 
Aside from Ampatuan, others convicted for the murders were former Datu Unsay Mayor Andal Ampatuan Jr., Anwar Ampatuan Sr., Anwar "Ipi" Ampatuan Jr., Anwar Sajid "Ulo" Ampatuan, and several police officers. —VBL, GMA Integrated News