The Department of Justice (DoJ) stressed the need to introduce new evidence to reverse the acquittal of the accused from the death of photojournalist Reynaldo “Bebot” Momay who is believed to be among those killed in the 2009 Maguindanao massacre.
Deputy Senior State Prosecutor Richard Anthony Fadullon explained that the introduction of new evidence could result to a re-trial of the case of Momay, who has been tagged as the 58th massacre victim even though his body remains missing.
“If the evidence was not available during that time and the non-availability is something that can be explained, that is considered as new evidence and that is basis to a new trial probably, at least, for purposes of showing there is newly discovered evidence,” Fadullon explained.
“This should help in every decision the court will make and they will have to revisit the decision again and consider that as evidence,” he added.
Even if the case is in court, the official of the DoJ’s National Prosecution Service (NPS) pointed out that evidence may still be gathered.
Last Thursday, Judge Jocelyn Solis-Reyes of Quezon City Regional Trial Court (RTC) Branch 221 promulgated the decision of the Maguindanao massacre case, including the acquittal of all 101 accused in the murder of Momay.
“We’ll go over the decision first, see what the justification of the court is in dismissing or acquitting the accused as far as the charges on Momay are concerned,” assured Fadullon.
On the other hand, Fadullon said the reversal of the acquittal will have to be raised before the Court of Appeals (CA) since prosecutors can no longer make an appeal before Reyes.
“You can no longer file a motion for reconsideration before the RTC. It will violate the rights of the accused to double jeopardy,” he explained.
The NPS official noted that the prosecution is only given 60 days from the start of the promulgation of the case to file a petition before the CA.
Also, Fadullon noted that the Office of the Solicitor General (OSG) will be taking over on behalf of the DoJ once the case is brought before the CA and, if needed, before the Supreme Court (SC).
CONVICTED OR ACQUITTED?
The DoJ also intends to review the decision to determine whether one of the accused police officials was convicted or acquitted in the Maguindanao massacre case.
“So, it might have been a typographical error somewhere,” said Fadullon.
Judge Jocelyn Solis-Reyes of Quezon City Regional Trial Court (RTC) Branch 221 decision listed accused P/Supt. Bahnarin Kamaong as both one of the convicted principal accused and one of those acquitted.
During Thursday’s proceedings, this was noticed by Kamaong’s lawyer, Atty. Juman Paa, and asked from Reyes for clarification on the actual ruling on Kamaong.
“Ang korte rin hindi niya masagot immediately,” recounted Fadullon.
Because of this, Reyes said she will review the decision to determine the actual fate of Kamaong.
“So on the basis of that, sabi namin sige hintayin natin yung clarification pero at the same time sabi ko rin sa panel of prosecutors probably we should look at the decision already because kung talagang may discrepancy kung pwede tayo na magpoint out,” he explained.
Kamaong has been listed as one of the principal accused convicted of 57 counts of murder along with brothers former Autonomous Region in Muslim Mindanao (ARMM) Governor Datu Zaldy Ampatuan, former Datu Unsay Mayor Datu Andal “Unsay” Ampatuan Jr., and former Shariff Aguak Mayor Datu Anwar Ampatuan Sr.
He was also named as one of the 57 accused acquitted from the crime along one of the Ampatuan brothers, Shariff Saydona Mustapha Mayor Sajid Islam Ampatuan.
The case ruled by Reyes concerns the November 23, 2009 killings in Ampatuan, Maguindanao where 58 persons were killed including 32 journalists. (Jeffrey G. Damicog)
