Maguindanao massacre
MANILA, Philippines — The Department of Justice (DOJ) is set to review the decision of the Quezon City regional trial court (RTC) on the Maguindanao massacre case amid confusion on whether Superintendent Bahnarin Kamaong is convicted or acquitted of murder.
Senior Deputy State Prosecutor Richard Anthony Fadullon said that they will look into the decision of Judge Jocelyn Solis-Reyes of the RTC Branch 221 while waiting for her clarification of Kamaong’s fate.
Fadullon said that there might just be a typographical error on Reyes’ decision as far as Kamaong’s case is concerned.
“On the basis of that, sabi namin sige hintayin natin yung clarifications, pero at the same time sabi ko rin sa panel of prosecutors probably we should look at the decision already because kung talagang may discrepancy, kung pwede tayo na mag-point out,” he said.
Solis-Reyes found Datu Andal Ampatuan Jr. and his brother Zaldy guilty of committing 57 counts of murder along with several others.
She acquitted former mayor Sajid Islam Ampatuan and his brother-in-law Akmad “Tato” Ampatuan along with 56 others.
Solis-Reyes, however, listed Kamaong as both convicted and acquitted, a concern raised by his lawyer Juman Paa during the promulgation of the Maguindanao massacre case last Thursday.
New evidence needed
Fadullon also said that as far as the case of journalist Ronaldo Momay, supposedly the 58th victim, there is a need for the prosecution to introduce new evidence to reverse the acquittal of the accused and to open a new trial for his case.
Solis-Reyes dismissed the case against the accused since Momay’s body was never found and the prosecution failed to provide a record of his death certificate.
“If the evidence was not available during that time and the non-availability is something that can be explained, that is considered as new evidence and that is basis to a new trial probably, at least, for purposes of showing there is newly discovered evidence,” he said.
He emphasized that they can still gather evidence even when the case is already in court and noted that the reversal of the acquittal of the accused can be raised before the Court of Appeals since they can no longer make an appeal before the Quezon City court.