Prosecution team satisfied, mulls review of acquittals

MANILA, Philippines — The Department of Justice (DOJ) prosecution team that handled the Maguindanao massacre case yesterday said that while they were happy and satisfied with the verdict, they would study the 761-page decision to determine if there are strong grounds to ask the Quezon City court to review its decision acquitting some of the suspects. 

 “In a way we were happy with the decision that was rendered,” DOJ senior deputy state prosecutor Richard Anthony Fadullon said. “Some accused were acquitted, who we felt the evidence was strong – that is why after the holidays we would go after the decision and see what we could do, what we could ask for reconsideration.”

Fadullon said they need time to read through the lengthy decision of Judge Jocelyn Solis-Reyes of the Quezon City Regional Trial Court (RTC) Branch 221. 

They have not yet decided if they would file a certiorari, motion for reconsideration or another pleading before the QC court.  

Among those acquitted was incumbent Mayor Sajid Ampatuan of Shariff Saydona Mustapha, Maguindanao, a relative of convicted accused former mayor Datu Andal Ampatuan Jr. and former governor Zaldy Ampatuan of the Autonomous Region in Muslim Mindanao (ARMM).

“I think it is premature for us (to say that more accused should have been convicted), considering that the decision is 700-plus pages. We would go over the decision. The prosecution panel knows the evidence it presented in the course of the trial. I think we have an inkling who we think (should be convicted) or what is the justification why they were acquitted. Then and only then would we make a decision really how many we would be moving for reconsideration. Just give us a little time to browse over the decision because it’s a bit long,” added Fadullon. 

They have 60 days from today to decide if they would file a pleading. During the Christmas break, their assignment is to read the court’s decision; and by early January next year, they would meet and collectively assess their next course of action. 

He also explained that if an accused is acquitted of a crime, it does not necessarily mean that it is the prosecutor’s fault. 

“It is important to emphasize that the role of the prosecutor is not to make sure that everybody who is charged is convicted but make sure that justice is done. And I think to that extent, the prosecution panel has done its job to make sure that justice is served.”

He added that they would not make fabricated evidence just to gain more convictions.

“Of course it would have been better if there were more convictions but remember, we are only as good as the evidence before us. We would not go out of our way to fabricate evidence just to make sure that somebody gets convicted.”

City Prosecutor Amor Robles, who was part of the prosecution team, said that while there is a saying that “justice delayed is justice denied,” that does not apply in this particular case.

“I think there were several prosecution panels created to handle this case from day one to today, and we can safely say that our prosecution evidence is intact, solid and whatever the outcome I think justice was really, actually served. For the other accused, who are acquitted, give us time to peruse the 761-page decision because honestly at this point we have not gone over it,” she added.

The prosecutors also thanked Reyes for her dedication and commitment, enduring the decade-long trial.

Fadullon clarified that the 15 accused who were meted with six to 10 years imprisonment would not all be immediately released because they were not arrested at the same time, thus the length of their years in prison also varied.

“The case did not start with 101 accused. They started being arrested in trickles.”