Ampatuan case judge gets assistance in other cases

MANILA, Philippines – The Supreme Court (SC) has assigned two judges to assist in resolving other cases pending in the sala of Quezon City Regional Trial Court Judge Jocelyn Solis-Reyes who is busy handling the Maguindanao massacre case.

Court administrator Jose Midas Marquez said the designation of assisting judges at Quezon City RTC Branch 221 was meant to help Reyes in the speedy resolution of the case involving the killing of 57 people on Nov. 23, 2009.

Marquez, who has supervision over all trial court judges nationwide, said he has tapped Judge Rowena Tan of Caloocan RTC and Vivencio Baclig of QC RTC as assistants of Judge Reyes “so she can concentrate on the massacre case.”

The SC official explained that the two judges would help Judge Reyes in handling other pending cases in her court but not the Maguindanao massacre.

“The assignment of other pending cases in her (Reyes) sala would depend on their agreement. The two assisting judges can resolve the other pending cases depending on the agreement,” he said.

Marquez revealed that the Court has been looking for ways to “help her (Judge Reyes) concentrate on this case which involves so many victims and accused.”

He said Reyes was also excluded from the regular raffle of cases in the Quezon City RTC.

“This means that no new cases will come to her court. That will give her ample time to hear and resolve motions involving this case,” he explained. “We are thinking of other remedies.”

The SC official, however, stressed that the call of Justice Secretary Leila de Lima for other pending cases in the court of Judge Reyes to be transferred to other court branches may be improbable.

“It will be very difficult if we transfer all other pending cases to other courts, especially since her court is a court of general jurisdiction. That is why we are looking for ways to help her,” he explained.

He believes there is no need for the SC to create a special court to hear the Maguindanao massacre case, like what it did in the plunder case against deposed President Joseph Estrada at the Sandiganbayan.

“In that plunder case against the former president, the Court created a special division because most of the justices inhibited from the case and no division could be formed. In this particular case, on the other hand, this is a regular criminal case - except that there are so many victims and so many accused involved,” he explained.

Marquez also gave assurance that Reyes is a very competent judge: “I check on her once in while because the Court is also monitoring this case, and it appears that she’s very capable of resolving this case.”

He added that the Court is very satisfied with the security arrangement being provided for the judge handling the celebrated massacre case.

The SC earlier defended Reyes from critics on her decision earlier this month to defer the much-awaited trial proper.

He begged critics to understand that although many people – especially families of the victims – want a speedy trial, there is due process that needs to be respected.

“This is not the usual case. This case involves too many accused and too many witnesses. This is not a very simple case. And you see how lawyers argue in court,” he said.

Marquez also stressed that delay in the trial proper does not necessarily mean lack of progress in the case.

He explained that hearings on previous motions of both camps would figure in the judge’s ultimate resolution of the case.

“There is reason to believe that the judge is doing her best to speed up (resolution of) this case,” he said, citing the judge’s strict compliance with periods she set for filing of manifestations.

The start of trial on the Maguindanao massacre case was postponed last Sept. 1 and finally pushed through last Sept. 8.

The massacre resulted in the killing of 57 people, including the wife of then Vice Mayor Esmael Mangudadatu of Buluan, Maguindanao and two of his sisters, two female lawyers and 30 media men who covered the supposed filing of certificate of candidacy of the vice mayor who would run for governor of Maguindanao to challenge a scion of the Ampatuan clan.

Mangudadatu was elected governor of Maguindanao in the May 10 elections.

The Mangudadatus have blamed the Ampatuans for the killings, specifically pointing to former mayor Andal Ampatuan Jr. of Datu Unsay town as the leader of more than 100 armed men who abducted Mangudadatu’s supporters.

The Ampatuans denied any involvement in the massacre.

Judge Reyes is handling the multiple murder charges filed against 197 suspects, including members of the Ampatuan clan, who are all detained at Camp Bagong Diwa in Bicutan, Taguig.

Quezon City Judge Vivencio Baclig is handling the trial on separate rebellion charges filed against the Ampatuan clan members.

Lawyer seeks removal of prosecution witness

Defense lawyer Sigfrid Fortun is asking Quezon City RTC Branch 221 to remove Kenny Dalagdag from the list of prosecution witnesses in the Maguindanao massacre case, saying the prosecution failed to follow due procedure.

“With the deliberate refusal of the prosecution to comply with the requirements of Rule 119 and RA 6981, coupled with their wanton disregard for the rights of the accused, this court must exclude Dalagdag as one of its witnesses because no evidence obtained in violation of the constitutional rights of the accused should be admissible in evidence,” Fortun said in an 11-page motion he filed at the court.

“If the prosecution truly finds the need to utilize one of the accused as a witness for the government, it should follow the provisions of the law for his discharge or exclusion as accused,” he said.

Fortun’s client is Andal Ampatuan Jr., principal suspect in the multiple murder case.

Fortun cited the rule that an accused who is a potential witness must first be discharged from the list of accused before he is considered a prosecution witness. RA 6981 pertains to the Witness Protection Program (WPP).

The lawyer said Dalagdag is neither in the list of accused nor under the WPP of the Department of Justice.

Dalagdag is one of the prosecution’s eyewitnesses. Fortun said that in his affidavit, Dalagdag admitted he was present when the convoy of the Mangudadatus was stopped on Nov. 23 last year at Sitio Malating.

Fortun said the prosecutors have not shown any document showing Dalag-dag’s inclusion in the WPP of the DOJ.

“Absence of such certification, Dalag-dag cannot be arbitrarily used as witness for the prosecution,” his motion stated.

He added “witnesses-perpetrators can easily assert facts and make statements against an accused to exculpate them from the crime despite their admitted participation.” – With Reinir Padua