Woman judge gets Ampatuan case

MANILA, Philippines - A female Quezon City judge will take on the task shunned by her colleague – to try the powerful Ampatuan clan for multiple murder.

The name of Judge Jocelyn Solis-Reyes, 49, of branch 221, was picked during the re-raffling of the controversial case.

Acting Quezon City Regional Trial Court Executive Judge Fernando Sagun Jr. made the announcement after the raffling of the case at his jampacked sala yesterday.

The announcement sent journalists rushing to Solis-Reyes’ courtroom only to be told by her staff that she was not available for interviews.

“The judge is having a party, she does not want to be disturbed and she has not received any official notice to handle the case,” a male court employee told journalists.

“We are also having our own raffle for prizes,” another employee quipped.

Police personnel were on hand to provide security during the raffle.

The 256 cases, originally filed with a Cotabato court, had to be re-raffled because Judge Luisito Cortez of branch 84 refused to handle them, purportedly for fear of his life.

Sagun had a brief meeting with the woman judge after which he declared that “the case is now in the hands” of Solis-Reyes.

“It’s now her call,” he said.

“Judge is brave,” said assistant city prosecutor Jonathan Lledo of Solis-Reyes. He said Solis-Reyes was herself an assistant city prosecutor.

Court employees declined to give more details about Reyes’ career but said she finished law at the University of Santo Tomas.

No security

Philippine National Police Deputy Director General Jefferson Soriano, emerging from a brief closed-door meeting with Solis-Reyes, said the judge has declined security detail.

“Judge Reyes has accepted the case but she declined police security,” Soriano, head of the Task Force Maguindanao Massacre, said.

But he said the police would still provide her with “shadow security.”

“She doesn’t want security. Judge Solis claimed this (Ampatuan) case is an ordinary case,” Soriano said. “I told her we are here to secure her 24/7.”

Sen. Manuel Villar, for his part, said everyone involved in the case should be given ample security.

“The SC (Supreme Court) should ensure the safety of those involved in this case. We cannot allow members of the judiciary to be cowed into frustrating the administration of justice,” Villar said in a statement.

“The refusal of Cortez to handle the case only shows that the foremost obstruction to justice in this case involves security and safety concerns,” he said.

“A crime of this magnitude will indeed send chills down anyone's spine, but this should not hinder the proper and speedy administration of justice,” he pointed out.

He explained that the SC is empowered to make necessary security arrangements in the trial of the suspects in the Maguindanao massacre.

“Extraordinary circumstances necessitate extraordinary measures. I am confident that Chief Justice (Reynato) Puno is aware of the need to do whatever it takes, within the bounds of law and reason, to prevent a miscarriage of justice in this case,” he said.

“We should not allow fear to stop the wheels of justice from turning. The victims, their families and the whole country demand justice for the terrible crimes committed against them,” Villar, standard-bearer of the Nacionalista Party, said.

Disbarment sought

For avoiding the Ampatuan case supposedly out of fear, Cortez should be relieved or even disbarred, according to the Volunteers Against Crime and Corruption (VACC)

“This is an act of cowardice, a violation of his oath of office to accept cases regardless of who is charged, rich or poor, sensational or not,” VACC head Dante Jimenez told The STAR.

He said VACC is set to file a complaint against Cortes before the SC and the Judicial Bar Council today.

“Obviously, even if it has become moot and academic because he has been replaced, he has a responsibility to the people, to the public, and to his sala,” Jimenez said.

“Since he is in public service, public trust must be over and above everything else,” he stressed.

Ignoring criticism, Cortez said he did not want to handle the Ampatuan case for fear of his and his family’s safety.

But Jimenez said Cortez has not even received threats from the Ampatuans and that the threats that he has been talking about are in connection with his other cases.

“That’s different. He’s given a very bad image to the law profession,” Jimenez said.

“Our law enforcement and prosecutors even went to Maguindanao to get evidence. Were their lives, safety and security not put at risk?” he asked.

DOJ hearing today

Security has been tightened in and around the Department of Justice (DOJ) as the preliminary investigation into the murder cases filed against several members of the Ampatuan clan begins today.

Assistant Chief State Prosecutor Richard Anthony Fadullon said security had to be tightened as some 200 respondents in the case are expected to show up at the DOJ on Padre Faura in Ermita, Manila. The Philippine National Police (PNP) and the National Bureau of Investigation (NBI) would be securing the DOJ premises.

A stretch of Padre Faura from Taft Ave. to the DOJ building will be closed to traffic during the hearing at the multipurpose hall at 2 pm.

“We’re more concerned about the bigger personalities if they attend the hearing. Our main security measure is not to be complacent,” he stressed.

Among the respondents are Datu Unsay Mayor Andal Ampatuan Jr., former Maguindanao Gov. Andal Ampatuan Sr., Shariff Aguak Vice Mayor Ulo Ampatuan, Salibo Vice Mayor Kanor Ampatuan, Shariff Aguak police auxiliary Tony Kenis Ampatuan, Abdullah Sangki, Muhamad Sangki, Tammy Masukat, Tumi Timba Abas, PO1 Abbey Guiadem, a certain Kumader Beri and a certain Dahutay.

Also summoned were 25 police officers now under custody of the PNP at Camp Crame.

NBI spokesman Ricardo Diaz said 25 agents would secure Andal Jr. alone.

“We don’t want to take chances. We have to be sure that he is safe when he goes to the DOJ and returns to his cell at the NBI,” Diaz said. The NBI building is just a block away from the DOJ.

The DOJ panel involved in the preliminary investigation is composed of Senior State Prosecutor Roseann Balauag, State Prosecutor Anjanette Ortile, State Prosecutor Rassendell Rene Gingoyon and Associate Prosecution Attorney Xerxes Garcia.

Fadullon also said members of the media would not be allowed inside the hearing room, but may observe the proceedings through monitors set up outside the building.

He said Chief State Prosecutor Jovencito Zuño will just brief the media after the hearing.

“We hope you understand because the panel subpoenaed close to 200 respondents and we don’t want to be caught flat-footed if all of them appear or send lawyers. The venue is too small and we can’t afford disorder during the hearing,” he said.

He said the next hearing would likely be conducted at a bigger venue.

Fadullon said the DOJ had to summon Andal Jr. because the initial case filed against him in Cotabato was only for 25 counts of murder. Fifty-seven people died in the Nov.23 carnage.

But Fadullon said that Andal Jr., according to his lawyers, will not appear at today’s hearing or submit a counter-affidavit at the moment.

“We’re expecting them (counsels) to ask for more time to consolidate all complaints because we are receiving piecemeal referrals,” Fadullon said.

“We will grant them that opportunity, that’s part of due process,” he stressed.

Fadullon said they have 60 days to conclude the preliminary investigation and determine probable cause to indict the respondents.

Killed in the Maguindanao massacre were the wife and female relatives of Buluan Vice Mayor Esmael Mangudadatu as well as dozens of journalist and two lawyers. The group was on its way to Shariff Aguak where the vice mayor’s wife and his relatives were to file his certificate of candidacy for governor to challenge Andal Jr. With Sandy Araneta, Cecille Suerte Felipe, Michael Punongbayan and Christina Mendez