Drilon raises double jeopardy rule

Senator Franklin Drilon said it would be difficult to reopen the case against those behind the killing of the 58th victim of the Maguindanao massacre as this would be against the rule on double jeopardy.

On Thursday, a Quezon City court convicted for 57 counts of murder Datu Andal “Unsay” Ampatuan Jr., Datu Zaldy Ampatuan, Datu Anwar Ampatuan Jr. and numerous others for the 2009 Maguindanao massacre.

However, all those who were tried for the murder of the 58th victim Reynaldo Momay were acquitted on reasonable doubt.

The court also dismissed the family’s claim for damages due to lack of corpus delicti or the body that would serve as evidence that a crime is committed.

“From a legal standpoint, it is difficult to make a case on the 58th victim, if the intention is to reopen the trial,” Drilon said.

“To reopen case for him will constitute double jeopardy,” added the former Department of Justice chief.

Harry Roque, the lawyer of Momay’s family said they will appeal the order of acquittal as to the civil aspect of the crime.

The judgement of acquittal becomes final immediately after promulgation.

The offended party may only appeal the civil aspect of the case but not the acquittal as this would place the accused in double jeopardy.

Double jeopardy is procedural defense that prevents an accused person from being tried again on the same charges following an acquittal or conviction.

Sen. Francis Tolentino, a lawyer, said the prosecution could still appeal the decision if there is new evidence.

“While that portion of the decision was anchored on the corpus delicti standard, nothing can prevent the prosecution from appealing that portion if new evidence will be uncovered and presented.”

Momay’s daughter Ma. Reynafe ealier expressed dismay at the ruling of the court.

The body of his father, who is photojournalist then was never found at the mass grave site.

Roque earlier made a manifestation before the court that they would appeal the court’s decision using the discovered dentures believed to be Momay’s along with mew witness accounts saying that he was among the journalists who covered the filing of the certificate of candidacy of Esmael “Toto” Mangudadatu.