CA blocks release of Ampatuan massacre 'suspect'

The Court of Appeals has overruled the ruling of the Pasig Regional Trial Court allowing the release from jail of one of the accused in the infamous Maguindanao massacre after granting his petition for habeas corpus. In an 18-page decision, the CA’s Ninth Division set aside the Oct. 29, 2010 order of Pasig RTC branch 153 and instead ordered the dismissal of the petition for habeas corpus filed before it by Datukan Malang Salibo. Salibo was arrested last year after being recognized as Butukan S. Malang, who was believed to be one of the armed men who shot and killed 57 people, including 32 journalists, on Nov. 23, 2009 allegedly upon the orders of the powerful Ampatuan clan. Salibo was initially brought to the Philippine National Police-Criminal Investigation and Detection Group in Cotabato City and was transferred to Camp Bagong Diwa in Taguig where he has been detained until now. In its decision, the appellate court cited Section 4, Rule 102 of the Rules of Court, which bars the release of any person through the privilege of a writ of habeas corpus if he has been duly charged before a court. The Court noted that Salibo is formally charged before the sala of Judge Jocelyn Solis-Reyes of the Quezon City RTC, which has jurisdiction in the multiple murder complaint against members of the Ampatuan clan and their suspected henchmen over the massacre. “Considering that under an amended information dated February 22, 2010, appellee Salibo has been duly charged with multiple murder in three criminal cases pending before the RTC Branch 221, Quezon City, he is no longer entitle to the privilege of the writ of habeas corpus," the CA said. Acting on the appeal filed by the Office of the Solicitor General, the CA ruled that even if the petitioner is not the same person subject of the alias warrant of arrest, his remedy should be the quashal of the amended information or the warrant of arrest before the said court. “In view of the foregoing considerations, we find that appellee Salibo failed to discharge the burden of showing that appellee Salibo failed to discharge the burden of showing that he is unlawfully deprived of his liberty or detained without legal and sufficient cause which entitles him to the privilege of the writ of habeas corpus prayed for," the CA said. - KBK, GMA News