Andal Sr. loses bid to drop multiple murder case

MANILA, Philippines -  The Court of Appeals (CA) dismissed yesterday a petition of former governor Andal Ampatuan Sr. seeking to reverse a resolution of the Department of Justice (DOJ) that found probable cause to indict him in court for the Maguindanao massacre.

In a 27-page decision penned by Associate Justice Noel Tijam, the CA’s special 11th division affirmed the DOJ resolutions on April 16 and May 5 last year, saying the DOJ did not commit grave abuse of discretion.

The CA junked the claim of Ampatuan that the DOJ findings were based on a “fabricated” testimony of prosecution witness Kenny Dalandag, saying Dalagdag’s identification of Ampatuan as one of those who planned the massacre was corroborated by another witness, Rasul Sangki.

The CA said Ampatuan’s alibi and denial of the allegation, “unsubstantiated by any credible and convincing evidence, must simply fail” against the testimonies of the witnesses.

Citing separation of powers of the executive and judicial branches, the CA also cited a judicial policy not to interfere in DOJ’s determination of probable cause in criminal cases.

“The court considers it a sound judicial policy to refrain from interfering in the conduct of preliminary investigation and to leave the DOJ ample latitude of discretion in the determination of what constitutes sufficient evidence to establish probable cause for the prosecution of supposed offenders,” it said.

The families of some of the victims in the Maguindanao massacre lauded yesterday the CA’s ruling.

Speaking for his clients, lawyer Harry Roque Jr. said the ruling would allow the arraignment of the Ampatuan clan patriarch for 57 counts of murder to finally proceed after 14 months of delay.