Some of the police officers implicated, and eventually acquitted, in the Maguindanao massacre case would be evaluated whether they are still fit to return to service, Interior Secretary Eduardo Año said on Friday.
The officers acquitted of the multiple murder charges will not be automatically reinstated in the police force, the Philippine National Police added.
“Acquittal does not necessarily translate to reinstatement to the police service,” PNP spokesperson Police Brig. Gen. Bernard Banac said in a text message to GMA News Online.
“Their dismissal from the PNP stemmed from preponderance of evidence, which is entirely different from criminal case proceedings which require quantum of evidence,” Banac added.
“We will evaluate them if they are still physically fit to perform and return to the police service including medical and neuro exams,” Año, who as secretary of the Department of the Interior and Local Government, has operational control over the PNP, added to the Philippine News Agency.
Año also said the policemen implicated in the crime cannot get their backpay because of the “no work, no pay principle.”
The PNP, meanwhile, said it would provide protection for the massacre victims’ families if they required it.
Also, the Department of Justice will ask the Quezon City Regional Trial Court to clarify its ruling on whether accused Police Inspector Bahnarin Kamaong whose name appeared twice in the dispositive portion of the decision is guilty or acquitted of committing the crimes, in connection with the mass murder of 58 individuals, including 32 journalists, on Nov. 23, 2009.
Justice Secretary Menardo Guevarra said the DOJ prosecution panel will file the necessary pleadings asking Presiding Judge Jocelyn Solis-Reyes of the Quezon City RTC Branch 221 to clarify her judgment with regards to the case of Kamaong.
“Let’s clear it up first with the court on whether he is convicted or acquitted,” Guevarra said, in a text message.
Senior Deputy State Prosecutor Richard Fadullon also said the confusion arising from the double-entry of Kamaong’s name in both those who had been found guilty and those acquitted won’t be a ground to assail the entire decision.
“The court told us that it will look into the matter, they will review the decision again and make the necessary clarification immediately,” Fadullon said in an interview.
“If at all, assuming there would have been errors, these were errors which were due to inadvertence and were unintentional,” the prosecutor added.
Fadullon noted that sifting through a 761-page decision is not an easy task.
He added that errors such as the double-entry of Kamaong’s name could not be used as a basis to impugn the entire decision.
“There’s no basis for that. You just have to understand that there are 101 accused who were the subject of the promulgation and there might have been some confusion,” the Justice official said.
The Maguindanao massacre case records reached 165 volumes as the trial dragged on for almost a decade.
Eleven lawyers from the third Panel of Public Prosecutors, six private prosecutors, and 20 defense lawyers handled the case of what was considered to be the worst election-related violence in Philippine history.
At the promulgation of the massacre case Thursday, Quezon City Regional Trial Court Branch 221 Judge Jocelyn Solis-Reyes acquitted the so-called members of the Labayan group.
They were identified as SPO1 Elizer Rendaje, SPO1 Alimola Gulanaton, SPO1 Samad Maguindra, PO3 Ricky Balanueco, PO3 Gibrael Alano, PO2 Rexson Gulama, PO1 Amir Solaiman, PO1 Badjun Panegas, PO1 Pendatun Dima, PO1 Ebara Bebot, PO1 Tamano Hadi, and PO1 Michael Macarangon.
The so-called Solano group members were also acquitted, which include SPO1 Ali Solano, PO3 Felix Daquillos, PO2 Kendatu Rakim, PO1Abdulraman Batarasa, PO1 Marjul Julkadi, PO1 Datu Jerry Uto, PO1 Mohammad Balading, PO1 Marsman Nilong, PO1 Ysmael Baraquir, PO1 Abdulmanan Saavedra, and PO1 Jimmy Kadtong.
Also acquitted of the charges were PO1 Sandy Sabang, P/Insp. Bahnarin Kamaong, P/Supt. Abdulwahid Pedtucasan, PO1 Ahmad Camsa Badal, PO2 Tanny Dalgan, PO1 Anwar Masukat, PO1 Adbullah Baguadatu, PO1 Oscar Donato, and PO1 Michael Madsig.
The court said the prosecution failed to prove their guilt. Those acquitted were ordered released immediately unless they are being detained for other offenses. With PNA
