Appeals court affirms denial of Zaldy Ampatuan's bail plea

MANILA, Philippines — The Court of Appeals has affirmed a Quezon City court’s dismissal of former Autonomous Region in Muslim Mindanao Regiona Governor Zaldy Ampatuan’s petition for bail over the murder of 58 in 2009 people due to lack of merit.

The CA’s Special Eighth Division, in a ruling dated April 18, dismissed Ampatuan’s petition for certiorari that sought the nullification of Quezon City Regional Trial Court Branch 221's denial of his petition for temporary liberty.

Ampatuan said that Judge Jocelyn Solis-Reyes committed “grave abuse of discretion” when she denied the plea for bail in her rulings dated Sept. 15, 2015 and Nov. 5, 2015.

Ampatuan claimed that Reyes’ ruling focused on his supposed participation in the meetings that led to the grim massacre. He argued that he was able to establish that he was not at the scene of the crime when the massacre happened.

“History will never forget the atrocities perpetrated on 23 November 2009, when 57 innocent civilians were massacred in Sitio Masalay, Municipality of Ampatuan, Maguindanao Province,” the appellate court said.

READ: Zaldy asks CA to reverse bail plea denial

The CA noted that several witnesses identified Ampatuan as “the author of the crime.”

“The tenor of their testimonies appeared to be uniform and has consistenly shown that petitioner joined various discussions on the execution of crimes,” the Court said.

“Despite the said circumstance, petitioner argued that he was entitled to bail because the evidence of guilt against him was purportedly not strong,” the CA added.

It added that the grant of bail is based on the judge’s determination of the strength of evidence of guilt.

“In the instant case, the evidence of record would suggest that, while there may be doubts as to petitioner’s overt act that may result in his criminal liability by reason of conspiracy, the presumption is great that he is probably guilty of the charges, therefore, bail should be refused,” the ruling reads.

“The imputation of grave abuse of discretion to public respondent is untenable,” the CA stressed.

The 23-page decision was penned by Associate Justice Marie Christine Azcarraga-Jacob. Concurring are Associate Justices Samuel Gaerlan and Ramon Paul Hernando.