The Court of Appeals has sustained the ruling issued by the Quezon City Regional Trial Court denying the motion for bail filed by former Autonomous Region in Muslim Mindanao Gov. Zaldy Ampatuan, one of the principal accused in the Maguindanao massacre case.
In a 23-page decision, the CA’s Special Eight Division through Associate Justice Marie Christine Azcarraga-Jacob, dismissed the petition filed by Ampatuan seeking to annul and set aside the joint order issued by the Quezon City RTC, Branch 221, Presiding Judge Jocelyn Solis-Reyes who denied his plea for bail.
Ampatuan is one of the principal suspects in the 58 counts of murder filed by Department of Justice in connection with the Maguindanao massacre.
The former ARMM governor has been accused of conspiring with 196 other accused, which include his father, the late Datu Andal Ampatuan, Sr. and his brother Datu Andal “Unsay” Ampatuan.
In ruling against Ampatuan, the appellate court stressed that the testimonies of several prosecution witnesses “appeared to be in uniform and consistently shown” that the former governor joined various discussions with his family members on how to carry out the crimes.
“When the grant of bail is discretionary, the prosecution has the burden of showing that the evidence of guilt against the accused is strong. On this score, the determination of whether or not the evidence of guilt is strong, being a matter of judicial discretion remains with the judge,” the CA ruled.
“In the instant case, the evidence on record would suggest that, while there may be doubts as to petitioner’s over act that may result in his criminal liability by reason of conspiracy, the presumption is great that he is probably guilty of the charges, therefore bail should be refused,” it said.
Besides, the appellate court said that the denial of Ampatuan’s petition for bail by the trial court was not unreasonable and in fact, was the result of a thorough assessment of the evidence presented before the trial court.
Associate Justices Samuel Gaerlan and Ramon Paul Hernando concurred with the ruling.
Fifty-eight people, including media workers, died during the Nov. 23, 2009 massacre.