Appellate court affirms indictment of another Ampatuan

Posted by CMFR | Posted in Case Updates | Posted on 12-07-2012

CMFR/Philippines – The Court of Appeals (CA) in Manila affirmed last 28 June 2012 its decision denying the petition for certiorari filed by a member of the Ampatuan clan accused in the 23 November 2009 Ampatuan (Maguindanao) Massacre case.

In a two-page resolution penned by Associate Justice Angelita Gacutan, the CA’s Former Sixteenth Division denied Anwar Ampatuan’s 31 August 2011 motion for reconsideration asking for the reversal of the same court’s 19 August 2011 decision dismissing his petition for certiorari.

“…no new and substantial matters are raised to warranty a reversal of Our assailed Decision. The arguments advanced by the petitioner in support of his motion have been considered and passed upon by this Court. To require Us to discuss again the ratio decidendi of Our decision would be to belabor the issues ad infinitum,” said the CA in its 28 June 2012 resolution.

The CA Manila said in its 19 August 2011 decision that former acting Justice Secretary Alberto Agra “did not commit grave abuse of discretion” when he upheld the indictment of Anwar Ampatuan in May 2010.

“In fine, we agree with the disposition of the public respondent Secretary of Justice that the evidence of petitioner Datu Anwar Ampatuan will be appreciated in a full-blown trial. The subject criminal case is now within the jurisdiction of the trial court which is the best and sole judge on what to do with the case before it.”

Anwar, along with 26 other detained accused, is yet to be arraigned for 57 counts of murder in connection to the 23 November 2009 Ampatuan (Maguindanao) Massacre. He is also among the 55 accused applying for bail. Only Andal “Unsay” Ampatuan and Andal Ampatuan Sr. have been arraigned among the seven Ampatuans who are in custody.

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