Maguindanao massacre: 58th murder case to be appealed

MANILA, Philippines — Heirs of the 58th victim in the Maguindanao massacre will challenge the dismissal of both the civil and criminal cases filed in connection with the death of photojournalist Reynaldo Momay.

An appeal will be filed before the Court of Appeals, lawyer Gilbert Andres, who represents the heirs of Momay, told the Quezon City court that handled the Maguindanao massacre trial.

In a seven-page notice of appeal filed last week, Andres said they would challenge the jurisprudence that treats an appeal from acquittal as a violation of the doctrine against double jeopardy.

In his notice, Andres said the doctrine was based on a 1904 case against American lawyer Thomas Kepner, who was acquitted by a trial court in the Philippines of charges of stealing funds from his client.

The Philippine Supreme Court at the time reversed the acquittal, but was overturned by the US Supreme Court in Washington, which said that the initial acquittal by the trial court barred any appeal under the American concept of double jeopardy.

“The said American concept of double jeopardy as imposed upon the Philippines by virtue of Kepner vs US decision is premised on a jury trial which is practiced in the United States but alien to the Philippines,” read the motion.

“The imposition of the said doctrine in the Philippines and its continuing use in this country – even after the Philippines gained independence and had its own sovereign constitution – violates the constitutional provisions on equal protection and due process,” it added.

Lawyers representing Momay’s heirs said the case presents a perfect opportunity to challenge the “colonially imposed alien doctrine,” noting that the Supreme Court has not been given a chance to revisit and review the matter since the Philippines gained independence in 1945.

Quezon City Regional Trial Court Branch 221 Judge Jocelyn Solis-Reyes earlier acquitted all accused in the case filed for the death of Momay, saying the prosecution failed to establish that he was indeed a victim of the massacre.

She also dismissed the civil aspect of the case, which would have awarded damages to the victim’s heirs.

In her 761-page decision, the judge noted that Momay’s death could not be ascertained as no body was found and that his death certificate was not presented.