Rebellion charges vs Ampatuans dismissed
By Reinir Padua (The Philippine Star) Updated March 30, 2010 12:00 AM
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MANILA, Philippines - Citing insufficient evidence, the Quezon City Regional Trial Court (RTC) has
dismissed the rebellion charges against members and supporters of the Ampatuan clan.
In an 18-page order dated March 26, Judge Vivencio Baclig of the Quezon City RTC Branch 77 maintained
that “the essential element of public armed uprising against the government is lacking” in the case.
Baclig also ordered the release of the accused from jail. But the accused still face multiple murder cases,
which will warrant their continued detention.
The accused were included in the amended information in the murder charges filed against Andal
Ampatuan Jr. in connection with the massacre of 57 people in Maguindanao last Nov. 23.
Those cleared of leading the rebellion were Andal Ampatuan Sr., his son Zaldy, Akmad Ampatuan, Anwar
Ampatuan and Sajid Islam Uy Ampatuan.
Those who allegedly participated were Kusain Akmad Sakilan, Jovel Vista Lopez, Rommy Gimba Mamay,
Sammy Duyo Villanueva, Ibrahim Tukya Abdulkadir, Samil Manalo Mindo, Goldo Ampatuan, Amaikugao
Obab Dalgan, Billy Cabaya Gabriel Jr., Abdulla Kaliangat Ampatuan, Moneb Smair Ibrahim, Umpa Ugka
Yarka, Manding Abdulkadir, Dekay Idra Ulama, Kapid Gabriel Cabaya, Koka Batong Managilid, Sammy
Ganda Macabuat, Duca Lendungan Amban, Akmad Abdullah Ulilisen and several others.
The rebellion case was filed on Dec. 9, 2009 before the Cotabato City RTC Branch 15. The following day, the
accused filed a motion for judicial determination of probable cause for the offense charged against them.
The case was eventually raffled to Baclig’s sala on Feb. 2 after the Supreme Court ordered a transfer of
venue.
Beltran’s rebellion case cited
Baclig noted that under the Revised Penal Code, a rebellion must have as its elements a public uprising
and taking of arms against the government to either remove from the allegiance to the government or
deprive the chief executive or Congress of any of their powers and prerogatives.
“Thus, by its nature, rebellion is a crime of the masses or multitudes involving crowd action done in
furtherance of a political end (Crispin Beltran vs. People of the Philippines),” Baclig said in his order.
“The Court finds that the totality of the evidence in the records and those adduced at the hearing is
insufficient to show probable cause to indict the accused for rebellion. The prosecution abused its discretion
by ignoring a clear lack of evidence to support a finding of probable cause for rebellion against the accused;
thus, denying them their constitutional rights to substantive and procedural due process,” he said.
Four scenarios cited by prosecution
In filing the charges, the prosecution cited four alleged scenarios, which they said constituted the crime of
rebellion:
• that there were no prosecutors available to conduct inquest and preliminary investigations relative to the
mass killings in Ampatuan, Maguindanao;
• that there were massive formations of armed civilians supported by armored tanks with their own markings
and allegedly under the command of the Ampatuan clan which would resist government troops;
• that the local government units were not functioning because officials and employees went on mass leave
allegedly upon instigation of the Ampatuans; and
• that the courts having jurisdiction in the area of the commission of the crime were not functioning.
But Baclig ruled there was nothing in the records that would show that there was no prosecutor available to
do the inquest proceedings and preliminary investigation in connection with the massacre.
He said the prosecution even failed to cite any particular instance where the accused prevented prosecutors
from performing their job.
The judge said there was also no evidence to support the contention about armed mass-ups and that the
Ampatuans actually prevented local officials and employees from reporting to their offices.
As to the contention that the local courts were not functioning, Baclig cited the pronouncement from the
Supreme Court denying this allegation.
Government had full control
“The government has full control of the situation in Maguindanao, particularly when it declared a state of
emergency and later a state of martial law therein,” Baclig said.
“This Court believes that no armed group would be bold and daring enough to challenge the might of
government forces deployed in that area that time,” he said.
Baclig said the prosecution failed to substantiate its allegations with solid and convincing proof.
As regards the motion to defer the accused’s transfer from their detention to Metro Manila, the court said it
was already moot and academic.
Palace to appeal
Malacañang said it would exhaust all legal remedies available in the light of the dismissal of the case.
Maguindanao gubernatorial candidate and Buluan vice mayor Esmael Mangudadatu, on the other hand,
shrugged off the dismissal saying the Ampatuans were still facing multiple-murder charges anyway.
Deputy presidential spokesman Gary Olivar, in a statement, said that the appeals process is always
available to the government prosecutors who prepared the case against the Ampatuans.
Olivar noted that the Ampatuans and their alleged accomplices are still facing other charges “so we counsel
continued vigilance by all parties, especially the victims’ families, to ensure that justice is done.”
He also defended the decision of President Arroyo to declare martial law over Maguindanao last year, which
led to the warrantless arrests of the Ampatuans for the November massacre.
“We continue to stand by the decision to declare martial law in Maguindanao, not only because there was
credible evidence of rebellion, but also to expedite apprehension of suspects, collection of evidence,
securing of victims’ relatives and witnesses, restoration of normal government operations and securing the
peace,” Olivar said.
The Palace claimed that there was a looming rebellion in Maguindanao and used this as basis to declare
martial law in the province.
While martial law was in effect, the law enforcement personnel were able to arrest the Ampatuans and other
people allegedly involved in the murder of the 57 and the rebellion in the province.
“We always counsel whether or not a court decision is favorable to us, we ask all parties to respect the
discretion of the court,” Olivar said.
Mangudadatu said the rebellion case was “just the tip of the iceberg” and that he was happy with the DOJ’s
issuance of arrest warrants against the Ampatuans and their cohorts.
DOJ seeks Ampatuans transfer
Meanwhile, the Department of Justice (DOJ) is set to seek the transfer of Ampatuan Jr. and others earlier
indicted in the Maguindanao massacre to a detention facility in Camp Bagong Diwa, Taguig.
Acting Justice Secretary Alberto Agra said the five-story building of the Bureau of Jail Management and
Penology (BJMP) inside the headquarters of the National Capital Region Police Office is ready for the
detention and trial of Ampatuan, his six arrested co-accused and 188 others who remain at large.
The facility used to house youths in conflict with the law and is just across the Metro Manila District Jail,
where high-profile criminals like members of the Abu Sayyaf are being held.
“We inspected the BJMP facility yesterday. We are already preparing our manifestation in court to ask the
transfer of six accused currently in other detention facilities to Camp Bagong Diwa,” he said.
Agra said the facility was chosen because of “accessibility, security and cost efficiency.”
“This will guarantee safety of the accused, judges, lawyers and also of the media covering the trial,” he said.
Agra said they would still pursue the rebellion charges against the Ampatuans by either filing a motion for
reconsideration at the sala of Baclig or elevate the case to the Court of Appeals. – Edith Regalado, Rose
Tamayo-Tesoro, Aurea Calica, Edu Punay, Marvin Sy
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