QC judge set to resolve request to reverse ruling on rebellion raps

The judge that junked the rebellion case against members of the Ampatuan clan of Maguindanao is set to resolve a motion seeking to reverse his decision, after the defense opted not to submit a comment on the matter. The prosecution filed the motion for reconsideration last April 8, claiming that Quezon City Judge Vivencio Baclig's decision to junk the rebellion case was unjustified. "The defense has jointly manifested not to file a comment... Wherefore, I hereby consider this [motion for reconsideration] submitted for resolution," said Baclig of QCRTC Branch 77 at a hearing at Camp Crame in Quezon City. Under court procedures, a camp is given a chance to file a comment on any motion filed by the other party. The camp that filed the motion, in return, is also given a chance to reply to the comment. Only after a rejoinder is filed will the resolution be considered submitted for resolution. State prosecutor Aldrin Evangelista remained confident that Baclig would resolve their motion immediately, adding "hindi naman mabagal [mag-decide] si Judge." Evangelista maintained they were able to present sufficient evidence to convince Baclig to proceed with the trial. "Our evidence should have been seen as sufficient for the determination of probable cause," he told reporters after the hearing. In junking the case last March 29, Baclig said the prosecution evidence – intelligence reports, an inventory of the seized firearms from Ampatuan properties, photographs of Ampatuan supporters gathered outside the clan's homes, witness testimonies, among others – were not enough to show an act of rebellion was committed. [See: QC judge set to resolve request to reverse ruling on rebellion raps] Baclig said there was no probable cause to keep the accused detained. Among those ordered released where clan patriarch and former Maguindanao Gov. Andal Ampatuan Sr., and his two sons, suspended Autonomous Region in Muslim Mindanao (ARMM) Zaldy Ampatuan and Sajid Ampatuan. Despite the release order, the accused will have to stay in detention because of the pending multiple murder case filed against them in connection with the massacre. Evangelista said the prosecution will first await Baclig's resolution on their motion for reconsideration before deciding on whether or not to elevate the matter to the Court of Appeals. The military had said it was already mulling on filing separate charges of illegal possession of firearms against the powerful clan if ever the rebellion case does not get revived. The rebellion case was filed late last year after the Ampatuans and their supposed armed supporters took up arms against the government to evade arrested for the grisly November 23 massacre in Maguindanao that left 57 people dead. The prosecution had earlier asked Baclig to inhibit himself from the case for allegedly displaying bias in favor of the defense. But Baclig denied the motion for recusation or inhibition. — LBG, GMANews.TV