MANILA, Philippines - The Quezon City Regional Trial Court Branch 77 will hear today a petition filed by detained Ampatuan clan members, who are seeking to have their transfer to the Quezon City jail deferred.
Defense lawyer Sigfrid Fortun is expected to press the court on the need to defer the transfer of his clients and to question the validity of his clients’ continued detention since their arrest last Dec. 5 when martial law was declared in Maguindanao.
In the Feb. 2 hearing held at the Non-Commissioned Police Officers Club inside Camp Crame, Fortun argued before presiding Judge Vivencio Baclig that the continued detention of his clients, led by clan patriarch and former Maguindanao governor Andal Ampatuan Sr., violates their constitutional and human rights as they have yet to be formally charged with the crime of rebellion.
“No probable cause has been determined by the court. If no case of rebellion was filed, they are entitled to be released,” Fortun told the court.
In today’s hearing, the court will also determine if there is probable cause to link the detained members of the Ampatuan clan to rebellion.
Based on court records, Ampatuan Sr. is detained in Camp Panaca Hospital in Davao City. The rest are in Camp Fermin Lira in General Santos City and Camp Siongco in Datu Odin Sinsuat in Maguindanao. Apart from the 11 who are detained, there are 16 others who are out on bail.
The rebellion charges against members of the Ampatuan clan were raffled off to Baclig’s sala on Feb. 2.
The alleged rebellion became the government’s basis for declaring martial law in Maguindanao following the arrest of Datu Unsay Mayor Andal Ampatuan Jr., the prime suspect in the massacre of 57 people, including 30 journalists, in Maguindanao last Nov. 23.
Meanwhile, sources said former Autonomous Region for Muslim Mindanao (ARMM) governor Zaldy Ampatuan, who was among those arrested, is having problems with his health while under detention.
Ampatuan, who is detained at Camp Lira in General Santos City, is reportedly having problems controlling his blood sugar levels as he is suffering from diabetes, a fatty liver and hypertension.
According to sources, the Ampatuan clan is planning to file a petition asking that the former ARMM governor be instead placed under “hospital detention” so his health can be properly monitored. – Mike Frialde