Court allows more state witnesses in Maguindanao massacre

MANILA, Philippines (July 4, 2011) - All restrictions on the testimonies of a member of Ampatuan 'private army' and 33 others are now lifted after the court junked a plea from the defense questioning the witnesses' qualification to testify.

In a ruling, Judge Jocelyn Solis-Reyes, presiding judge of the Regional Trial Court Branch 221 also affirmed their listing as prospective state witnesses, tagging as "bereft of merit" the twin motions filed by Andal Ampatuan Jr. protesting the qualification of Kenny Dalandag and those of 33 others, who are Ampatuan's co-accused in the "Maguindanao massacre" multiple murder case.

"The court... is of the view that Kenny Dalandag cannot be disqualified or excluded as a witness on the ground that he did not pass through the crucible of accused-conversion evaluation," said Solis-Reyes.

Dalandag is a member of a civil military organization and claims to be present when the November 23, 2009 massacre was planned.

His supposed testimony last month was prevented by a motion asking the the court to first resolve a previous defense motion to exclude him from the list of witnesses.

In their motion, Ampatuan Jr.'s lawyers claimed that Dalandag's listing as a witness was anomalous, citing that the court should first discharge an accused from the criminal information before he is allowed to testify against his co-accused.

But the prosecution panel argued that Dalandag was not charged with any crime in relation to the massacre so there was no need to discharge him as a witness from being an accused.

In her ruling, Solis-Reyes said there was no complaint filed against Dalandag.

"Being an ordinary witness, there is no need for the prosecutors to file a motion for his discharge before he may be presented as such," Solis-Reyes said in the four-page order.

Solis-Reyes also ruled in favor of the prosecution's move listing of 33 co-accused as state witnesses.

These included Chief Inspector Sukarno Dicay, Inspectors Rex Ariel Diongon and Michael Joy Macaraeg; Senior Police Officers 2 George Labayan, Oscar Donato, and Badawi Bakal; Senior Police Officers 1 Samad Usman Maguindara, Alimola Guianon, Ali Mluk Solano, and Eduardo Ong;

Police Officers 3 Felix Ababao Daquilos, Ricky Balanueco, Rasid Anton and Felix Enate Jr.; Police Officers 2 Hamad Nana, Hernanie Decipulo Jr., Saudiar Ulah, Saudi Pasutan, and Rexson Guiama;Police Officers 1 Herich Amada, Abdula Baguadatu, Tamano Sahibal, Abdul Mundas, Espirilieto Lejarso, Esmael Manuel Guialal, Narkouk Mascud, Arunulfo Soriano, Rainier Ebus, Michael Macarongon and Pia Kamidon; and civilians Takpan Dilon, Esmael Kanapia, and Mohammad Sangki.

Earlier, the defense tagged them as co-conspirators in the murder and argued that using them as witnesses without qualifying them for their conversion as such would be a travesty of justice.

Ampatuan Jr.'s lawyers also claimed that such would become precedent for the use of an accused who is complicit in a crime to implicate innocent people in exchange for his being dropped from the charge sheet.

The defense lawyers also noted that the none of them, except for Sangki, had been admitted into the government's witness protection program.

But the prosecutors said they included the 33 accused in the list of witnesses because court guidelines require it. Such guidelines state that all evidence to be presented during trial should be marked during pre-trial.

They said questions on the qualifications of the 33 accused to become state witness were premature at this stage of the murder trial.

Solis-Reyes ruled: "There is nothing under the rules which requires the prosecution to ask first for the discharge of accused as state witnesses before their names may be included in the list of witnesses to be presented."

The judge said the prosecutors were in the best position to determine who to present as their witnesses.

"Not even the court can prevent them from utilizing the accused as their witnesses provided all the requirements for the latter's discharge as state witnesses are complied with," she said.

Members of the Ampatuan clan are among the 196 accused facing multiple murder charges in connection with the massacre.

There are 57 counts of murder pending before Solis-Reyes' sala representing the 57 identified victims. The remains of a 58th victim have yet to be found.