Zaldy Ampatuan back in jail on eve of promulgation

MANILA, Philippines — Two days before the promulgation of judgment on the Maguindanao massacre case, the Quezon City judge handling the decade-long trial has ordered the return of one of the primary suspects to his detention facility in Taguig City.

Regional Trial Court Judge Jocelyn Solis-Reyes, in a three-page order released yesterday, denied the request of former Autonomous Region in Muslim Mindanao governor Zaldy Ampatuan to remain at the Makati Medical Center.

She directed the warden of the Quezon City Jail Annex to transport Ampatuan back to his detention facility in Camp Bagong Diwa in Taguig City.

In her ruling, Solis-Reyes noted that the suspect is merely undergoing medical management and rehabilitation, which she said could be done in an outpatient setup.

She cited the latest medical abstract submitted to the court, which noted that Ampatuan is already “neurologically stable with no more complaint of headache and dizziness.”

“The court finds that there is no longer any need for accused-movant to remain in the hospital as the procedure during rehabilitation session can be done to him as an outpatient. The rehabilitation doctor can issue a prescription on what procedures are to be followed by the physical therapist,” read the order.

“Thus, unless his attending physicians… will execute a certification under oath that his return to the detention facility will endanger his life, reason dictates that the relief being prayed for in the motion filed by the prosecution must be granted,” it added.

The prosecution earlier asked the court to order the immediate return of Ampatuan to his detention facility, saying he might be a flight risk considering the upcoming promulgation of judgment.

In response, Ampatuan’s lawyers maintained that he is not a flight risk, especially given his current condition. They claimed that his return to the detention facility would have an impact on his health, citing the possibility of another stroke.

“Given this unfortunate development that Zaldy recently suffered a stroke with an increased and looming possibility of suffering another one… the motion for his return to the Bureau of Jail Management and Penology (BJMP) would be utterly prejudicial to his health and might pose a grave and irreparable threat to his fundamental right to life,” read the pleading filed by defense lawyers Andre de Jesus and Jesus Joel Mari Argaza.

They noted that the BJMP is not equipped with adequate facilities their client needs for his rehabilitation therapy and close monitoring, adding that the ratio of inmates per room in the detention cell does not provide for a conducive environment for full recovery.

Ampatuan was rushed to the Taguig Pateros District Hospital on Oct. 22 after losing consciousness and suffering from weakness on the left side of his body and slurred speech. He was later transferred to the Makati Medical Center due to lack of necessary equipment at the district hospital. 

He was first confined at the intensive care unit of the Makati hospital before being transferred to a regular room on Oct. 29.

Tomorrow, Solis-Reyes will hand down the verdict on Ampatuan and 100 others for the 58 counts of murder filed in connection with the Maguindanao massacre, inside Quezon City Jail Annex located inside Camp Bagong Diwa, Taguig City, at 9 a.m.

Prosecutors have done their best in handling the Maguindanao massacre case, the Department of Justice (DOJ) assured the public, as it anticipates the promulgation.

Fifty-eight people, including 32 media practitioners, died in the Nov. 23, 2009 massacre, which was dubbed as the single worst incident for journalists in the world.

The incident has placed the Philippines in the list of countries tagged as worst impunity offenders, with the country ranking fifth behind Somalia, Syria, Iraq and South Sudan in the 2019 Global Impunity Index. 

Malacañang yesterday expressed hope that justice would prevail in the Maguindanao massacre case as the nation awaits the promulgation of the verdict on what is now known as the worst incident of election-related violence in the country. ?“The court will decide on the basis of evidence so we hope that justice will be given to the parties, especially for the prosecution,” presidential spokesman Salvador Panelo said. ?“Justice should always prevail,” he added. ?Panelo, a former lawyer for Andal Ampatuan Jr., a principal suspect in the massacre, said he has not spoken to President Duterte about the promulgation. He declined to comment further, admitting that anything he says about the case would be viewed as biased.?The Maguindanao massacre took place in Ampatuan town and is also viewed as the worst single attack on the press.?The massacre victims were on their way to a local election office to witness the filing of certificate of candidacy for then Buluan vice mayor Esmael Mangudadatu when they were flagged down and shot dead by armed men.

Meanwhile, Commission on Human Rights (CHR) spokesperson Jacqueline de Guia expressed hope that justice will finally be served the victims of the massacre.

“It has been 10 years since the gruesome incident and we are hoping that on Thursday, the victims will finally attain the justice that they deserve,” De Guia said in Filipino.

De Guia described the 2009 massacre as one of the most brutal incidents in the history of the country, noting its impact on the country’s democracy and human rights situation.

“It contributed to the climate of impunity. The fact that it lingered for 10 years, it dragged for 10 years really impacted our human rights situation,” she added.

Security

Additional members of the Philippine National Police (PNP) have been stationed outside the courtroom of Solis-Reyes at the Quezon City Hall of Justice ahead of the expected promulgation of the decision at Camp Bagong Diwa in Taguig City.

Security personnel have been assigned by the Supreme Court to ensure the safety of the judge since the start of the trial in 2010.

But more uniformed personnel were seen outside her courtroom since the schedule for the promulgation of judgment was released earlier this month. Earlier, PNP spokesman Brig. Gen. Bernard Banac said police escorts could be provided to Solis-Reyes ahead of the verdict.

PNP officer-in-charge Lt. Gen. Archie Francisco Gamboa also ordered the National Capital Region Police Office (NCRPO) to heighten security in Camp Bagong Diwa, where most of the accused are detained.

NCRPO chief Brig. Gen. Debold Sinas said at least 120 heavily armed police officers would secure the area. Despite the increased security, the PNP said it has not received any specific threat in relation to the promulgation of judgment.

The NCRPO has also been placed on full alert, while the Taguig City police would be on heightened alert as they are tasked to secure the outside perimeter of the police camp.

Under a full alert status, all leave applications of the 29,000 NCRPO personnel are cancelled to ensure that they are present. A total of 730 police officers will be deployed in the vicinity of the camp to strengthen security for the event.

The Special Action Force and BJMP agreed to implement a lockdown inside the camp from Dec. 18 to 19.

“Everyone should abide by our camp’s rules and regulations; our Civil Disturbance Management contingents are also ready for any possible demonstration of militant groups,” Sinas added. – Evelyn Macairan, Alexis Romero, Janvic Mateo, Non Alquitran