InterAksyon.com
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(UPDATE 2 - 3:46 p.m.) MANILA, Philippines - The Court of Appeals has dismissed the rebellion charges against the Ampatuan family and their co-accused for lack of probable cause.
The appellate court upheld the Quezon City Regional Trial Court's earlier decision dismissing the case against the clan led by former Maguindanao govenor Andal Ampatuan Sr. and 23 others.
Ampatuan's co-accused are: former Autonomous Region in Muslim Mindanao governor Zaldy Ampatuan, Datu Akmad Tato Ampatuan, Datu Anwar Ampatuan and Datu Sajid Islam Ampatuan; Kusain Akmad Sakilan, Jovel Vista Lopez, Rommy Gimba Mamay, Sammy Duyo Villanueva, Ibrahim Tukya Abdulkadir, Samil Manalao Mindo, Goldo B. Ampatuan, Amaikugao Obab Dalgan, Billy Cabaya Gabriel Jr., Abdulla Kaliangat Ampatuan, Moneb Samir Ibrahim, Umpa Ugka Yarya, Manding Abdulkadir, Dekay Idra Ulama, Kapid Gabriel Cabaya, Koka Batong Managilid, Sammy Ganda Macabuat, Duca Lendungan Amban, and Akmad Abdullah Ulilisen.
The 63-page CA ruling, penned by Associate Justice Elihu Ybanez, stated that the information for rebellion was filed on December 9, 2009 while the alleged clashes occurred after the said date.
The court also said none of the Ampatuans' sympathizers were armed during a major rally on November 29, 2009.
Government prosecutors earlier accused the Ampatuans and their co-accused of conspiring with each other and “commanded their followers to rise publicly and take arms against the Republic for the purpose of removing allegiance to the government.”
The Palace was "not surprised" with the CA's ruling because the charges were "weak," according to presidential spokesperson Edwin Lacierda.
“The Ampatuans were allies of the Arroyos,” Lacierda added when asked to expound on why he thought that the charges were weak.
According to Lacierda, the dismissal of the charges will not affect the multiple murder charges against the Ampatuans for the massacre of 57 individuals, including 32 journalists, in 2009.
Lacierda, however, said that the dismissal of the charges would not mean the automatic lifting of the state of emergency in the provinces of Maguindanao and Sultan Kudarat and in Cotabato City.
“Maybe that (lifting) should be looked into but there is no request yet from the local officials. They themselves asked for a status quo of the state of emergency,” the Palace official added.
Also, lawyers representing the relatives of the victims of the 2009 Maguindanao massacre said that the CA's dismissal of the charges against the Ampatuans would have "no impact" on the 57 counts of multiple murder still pending at the Quezon City RTC.
In a statement, the Center for International Law and the SoutheastAsia Media Defence Network said the rebellion charges were actually "trumped up" by former president Gloria Macapagal-Arroyo "as a form of a ruse to make people think that she was serious in running after the Ampatuans for the massacre."
"In truth and in fact, as borne by our recent filing of a civil caseagainst GMA, she was equally to blame for the massacre," the statement said.
The group said no rebellion took place since rebellion "requires thetaking up of arms against the government.
"This could not have happenedsince the Ampatuans were loyal allies of the regime of GMA. It was, inother words, an impossible crime to begin with," it added.
