THE Court of Appeals (CA) has denied the plea of government prosecutors to nullify its earlier decision upholding the grant of bail by the lower court to 16 policemen who were among the 198 accused in the 2009 massacre of 58 people, including 32 journalists in Maguindanao.
In a three-page decision penned by Associate Justice Jhosep Lopez, the CA’s Former Tenth Division held that government prosecutors failed to raise new grounds and arguments that would warrant the reversal of its decision issued on July 28, 2017.
The appellate court, in the said ruling, affirmed the order issued by Regional Trial Court Branch 221 in Quezon City presiding judge Jocelyn Solis-Reyes on October 13, 2014, which granted the petition for bail filed by the 16 accused police officers who are members of the
1508th Provincial Mobile Group (PMG).
Granted bail were PO1 Heirich Amaba, PO3 Rasid Anton, PO3 Felix Enate, PO1 Esprielito Lejarso, PO1 Narkouk Mascud, SPO1 Eduardo Hong, PO2 Saudi Pasuta, PO1 Arnulfo Soriano, PO1 Pia Kamidon, PO3 Abibudin Abdulgani, PO2 Hamad Nana, PO1 Esmael Guilal, SPO1 Oscar Donato, PO1 Abdullah Baguadatu, PO2 Saudiar Ulah and P/Insp. Michael Joy
Macaraeg.
Judge Reyes, in granting their bail applications, noted that none of the testimonies or exhibits presented by the prosecution had particularly linked and identified the police officers to the relevant times and places surrounding the alleged killing of the victims.
“After a careful calibration of the parties’ perspective arguments, the Court is convinced that no new and legitimate ground was raised to reverse or set aside the Court’s earlier finding,” the CA said.
It noted the arguments raised in the motion for reconsideration filed by government prosecutors are not different from what they raised in their previous pleadings, which have already been duly considered in its July 2017 decision.
“Be that as it may, the Court has once given petitioner’s submissions a thorough and objective review but, even on second hard look, no cogent reason surfaces to warrant the reconsideration sought,” the CA said.
“As it is, the arguments advanced in support of the motion are not compelling or persuasive enough to impel the Court to justify petitioner’s desired course of action or to warrant a possible reversal or setting aside of the Court’s decision,” it added.
In seeking the reversal of the CA’s decision, government prosecutors held that the trial court judge committed grave abuse of discretion and acted in excess of jurisdiction in granting the petition for bail of the accused.
It noted the judge limited herself to the testimonies of only 13 out of the 35 prosecution witnesses and disregarded other undisputed and material facts, which would warrant the dismissal of the bail petition.
The prosecution insisted that it presented strong evidence sufficient to establish the guilt of the accused in the Maguindanao massacre.
However, the CA did not give weight to the claim of the prosecution that the link or the actual role of the said policemen to the crime was shown by their act of manning the checkpoints without which the victims would not have been stopped in their convoy that led to their murdered.
The prosecution insisted that accused were part of the “armed men” referred to by witness Norodin Mauyag as the same police officers who were members of the 1508th PMG and were stationed at the Malating checkpoint when the incident happened.
1 comment
prosecutors dont have a very good track record in court or on appeals