Petition for the Constitution of the Present Court Handling the Trial of the Massacre in Ampatuan, Maguindanao

June 28, 2011

EN BANC

A.M. No. 10-11-6-SC

NOTICE

Sirs/Mesdames :

Please take notice that the Court en banc issued a Resolution dated June 28, 2011, which reads as follows:

"A.M. NO. 10-11-6-SC — RE: Petition for the Constitution of the Present Court Handling the Trial of the Massacre of 57 Persons, Including 32 Journalists, in Ampatuan, Maguindanao into a Special Court Handling This Case Alone for the Purpose of Achieving Genuine Speedy Trial; and for the Setting Up of Videocam and Monitor Just Outside the Court for the Journalists to Cover and for the People to Witness the "Trial of the Decade" to Make it Truly Public and Impartial as Commanded by the Constitution

Petitioners National Press Club of the Philippines (NPC) and Alyansa ng Filipinong Mamahayag (AFIMA), as organizations of newsmen and journalists, filed the instant petition praying for the constitution of the Regional Trial Court, Branch 221, Quezon City, presided by Hon. Judge Jocelyn Solis-Reyes, as a special court exclusively for the hearing of the Maguindanao massacre trial, and for the setting up of video cameras inside the courtroom. Petitioners alleged that the designation of the RTC, Branch 221 of Quezon City as a special court which should have no other duties but the trial of the Maguindanao massacre cases is no different from the previous courts constituted by this Court, like the Sandiganbayan special courts which tried Estrada's and Marcos's ill-gotten wealth issues. Petitioners harped on the need for daily marathon trials, from morning to afternoon, to result in the speedy disposition of the case. Petitioners also prayed that all pending cases before the said RTC be re-raffled to other branches, and that while the case is not yet terminated, the said RTC be excluded from further raffles of cases. Lastly, petitioners claimed that the quick pace of the trial would help avoid the possibility of the remaining witnesses getting killed before they can give their testimonies regarding the case.

Accused Andal Ampatuan, Jr. (Ampatuan) filed his Comment dated December 13, 2010, interposing no objection to petitioners' suggestion of converting the RTC, Branch 221 of Quezon City into a special court. Ampatuan stated that he had already previously invoked his right to speedy trial and the early resolution of the cases filed against him during the preliminary investigation conducted by the Department of Justice (DOJ). With regard to the issue of media coverage during hearings, Ampatuan opposed such moves to allow courtroom broadcast and reiterated his arguments in the Consolidated Comment he filed in A.M. No. 10-11-5-SC (RE: Petition for Radio and Television Coverage of the Multiple Murder Cases Against Maguindanao Governor Zaldy Ampatuan, et al.) and A.M. No. 10-11-7-SC (RE: Letter of His Excellency Benigno S. Aquino III, President of the Philippines, dated November 22, 2010). CTaSEI

The DOJ, through the Office of the Solicitor General (OSG), filed its Manifestation and Motion dated January 19, 2011, interposing no objection to the prayer for the constitution of the RTC now trying the Maguindanao massacre as a special court and to try and hear only the said case. The DOJ also stated that, in view of the letter dated November 22, 2010 addressed to Chief Justice Renato C. Corona from President Benigno S. Aquino III, requesting that the ban on live media coverage be lifted, it is joining said request for the live media coverage of the proceedings in the Maguindanao massacre trial.

On June 14, 2011, this Court, through Associate Justice Conchita Carpio-Morales, promulgated a Resolution partially granting pro hac vice the request for live broadcast by television and radio, of the trial court proceedings of the Maguindanao massacre cases, subject to certain guidelines.

The instant petition, docketed as A.M. No. 10-11-6-SC, was partially resolved in the June 14, 2011 Resolution of this Court as it also dealt with the same issue of requesting for the live media coverage of the proceedings of the trial.

Going now to the other issue presented in the matter at bar, involving the request for constitution of the RTC, Branch 221 of Quezon City as a special court exclusively for the trial of the Maguindanao massacre cases, this Court resolves to grant the same.

At the outset, it is important to note that none of the parties objected to the constitution of the RTC, Branch 221 of Quezon City as a special court. All parties called for the speedy disposition of the case by conducting daily marathon hearings, citing material factors such as the large number of accused, victims, and witnesses involved in the trial, as compelling reasons therefor.

Notably, this Court, pursuant to Administrative Order Nos. 19-2010, 1 54-2010 2 and 150-2010, 3 had already designated Assisting Judges to aid the Presiding Judge in hearing and disposing the other cases assigned to Branch 221. Furthermore, under Chapter IV, Section 1 of A.M. No. 03-08-02-SC, even the Executive Judge of the RTC Quezon City has the authority to take such measures to balance the workload among the courts and recommend or implement policies concerning court operation. Presently, the Executive Judge of RTC Quezon City has implemented a policy exempting Branch 221 from new raffles of cases. The Court approves and formalizes this special arrangement with this Resolution. These measures effectively accord Judge Solis-Reyes sufficient time and resources to focus and concentrate on the trial proceedings of the Maguindanao massacre cases and to decide the said cases with dispatch.

Likewise, in the interest of justice and the unanimously desired speedy disposition of Criminal Case Nos. Q-09-162148-72, Q-09-162216-31, Q-10-162652-66, and Q-10-163766, commonly entitled People v. Datu Andal Ampatuan, Jr., et al., this Court grants the Regional Trial Court, Branch 221 of Quezon City, full authority to resolve any matter and issue which may arise from the said cases.

WHEREFORE, the Regional Trial Court, Branch 221 of Quezon City is DESIGNATED as a special court to hear and decide Criminal Case Nos. Q-09-162148-72, Q-09-162216-31, Q-10-162652-66, and Q-10-163766 and EXEMPTED from the raffle or assignment of new cases until the Presiding Judge decides the aforementioned cases or upon further orders from this Court. The other cases already raffled and pending with said trial court shall be heard and disposed of by the designated Assisting Judges in the interim. The Regional Trial Court, Branch 221 of Quezon City is also GRANTED full authority to resolve any matter and issue which may arise from the said cases, including issues cognizable by other special courts without need of further designation by this Court." (adv88) HAIDcE

Very truly yours,

(SGD.) ENRIQUETA E. VIDALClerk of Court

Footnotes

1. Dated February 2, 2010, designating Hon. Ma. Conchita Lucero de Mesa as Assisting Judge of the RTC, Branch 221 of Quezon City.

2. Dated March 30, 2010, designating Hon. Pamela Ann A. Maxino as Assisting Judge of the RTC, Branch 221 of Quezon City.

3. Dated September 21, 2010, designating Hon. Rowena Nieves A. Tan and Hon. Vivencio S. Baclig as Assisting Judges of the RTC, Branch 221, Quezon City, and revoking the previous Administrative Order Nos. 19-2010 and 54-2010.