(Eagle News) — The Court of Appeals has upheld a lower court’s denial of the bid of former Autonomous Region in Muslim Mindanao governor Zaldy Ampatuan, a primary accused in the Maguindanao massacre in 2009, to be granted bail.
Citing lack of merit, the special eighth division of the appellate court, in a 23-page decision, denied Ampatuan’s petition for certioriari seeking for the annulment and the setting aside of the September 15, 2015 joint order and the November 5, 2015 order issued by Branch 221 Quezon City Regional Trial Court Judge Jocelyn Solis-Reyes.
The orders denied the bail petitions filed by Ampatuan, one of 196 accused in connection with the deaths of the 58 people, including 32 journalists, in Ampatuan town.
At that time, the victims were on their way to file a certificate of candidacy for Esmael Mangudadatu, who was challenging Datu Unsay Mayor Andal Ampatuan Jr.
In junking Ampatuan’s petition for certiorari, the division, through Associate Justice Marie Christine Azcarraga-Jacob, denied the former governor’s argument the judge acted with grave abuse of discretion despite “weak” prosecution evidence.
“The discussions of public respondent in the assailed orders would reveal that, in her opinion, the evidence presented during the summary hearing on the motion for bail showed that accused-appellant had participated in the commission of the offense of which he is charged with other persons. Consequently, what the respondent judge really found and held was that the evidence of guilt presented against petitioner was strong and that this justified the denial of his pleas for bail,” the division said.
“The denial of petitioners’ application for bail was not unreasonable but, on the contrary, was the result of a thorough assessment of the evidence presented before the trial court,” the CA added.
Associate Justices Samuel Gaerlan and Ramon Paul Hernando concurred. Moira Encina