Rebellion case vs Ampatuan hits snag

By Benjamin B. Pulta

02/23/2010

More delays face the hearing for the rebellion case against members of the Ampatuan clan after the prosecution sought the inhibition of the presiding judge hearing the case.

State Prosecutor Lamberto Fabros filed on Friday a motion, seeking the inhibition of Judge Vivencio Baclig of the Quezon City Regional Trial Court Branch 77, for allegedly being “partial and biased against the people of the Philippines.”

The motion was only brought to the attention of the court during the resumption of the hearing against Andal Ampatuan Sr., several relatives, numerous armed civilians.

The defense panel, headed by lawyer Sigfried Fortun sought of the inhibition of Judge Jocelyn Solis-Reyes, QC Regional Trial Court (RTC) Branch 221, who is currently handling the multiple murder case of Datu Unsay town Mayor Andal Jr., for allegedly being biased.

The next hearing will be on February 26, the deadline for the defense to comment on the motion for inhibition. Meanwhile, the hearing on the multiple murder case is set on February 24 wherein the judge has yet to rule on the said motion filed against him.

Ampatuan Sr.; his sons suspended Autonomous Region in Muslim Mindanao Gov. Zaldy, suspended Maguindanao Vice Gov. Datu Akmad Ampatuan, Shariff Aguak Mayor Amad Ampatuan, and Sajid Islam; and several others were included in the list of the accused in rebellion charges.

The Philippine National Police- Criminal Investigation and Detection Group (PNP-CIDG) alleged that on Nov. 28, the Ampatuan elders led by former Gov. Datu Andal Ampatuan Sr. and ARMM Gov. Zaldy Ampatuan gathered their political allies and supporters at their palace residence in Shariff Aguak. In response to their impending arrest by the national government troops, they allegedly declared that they would resist and fight back.

Three witnesses who were present at this gathering “confirmed the leader’s declarations and orders to their allies and supporters — hundreds of armed civilian volunteers — to rebel against the national government and repel military and police forces.”

Last Dec. 9, the DoJ filed rebellion case against the clan’s patriarch, Andal Sr., and several others, including ARMM Gov. Zaldy and his brothers Sajid Islam (acting Maguindanao governor), and Anwar (mayor of Shariff Aguak), before the Cotabato RTC. But the trial was transferred to QC court.

The alleged rebellion in Maguindanao was used by the Palace as the basis to issue Proclamation 1959 that covered most areas in the province under martial law. The DoJ stressed the rebellion case will be treated separately from the multiple murder charges in connection with the massacre case.

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