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Tuesday, January 28, 2003
Ampatuan's plea: Lower bail, lift travel ban
By Ben O. Tesiorna
MOHAMMAD Bahnarin Ampatuan has asked the court to remove its order restricting him from leaving Davao City.
Aided by his lawyers, Ampatuan in his motion before Judge Wenceslao Ibabao of RTC Branch 33 also asked for the removal of the order for him to report to the court every 15th day of the month.
In the same motion, Ampatuan also requested Ibabao to lower the P500,000 bail bond he earlier posted since his offense is just homicide not murder.
He claimed based on the bail bond guide, homicide offers lower bond since it is not a capital and heinous offense.
The grandson of Maguindanao Gov. Andal Ampatuan claimed the order barring him from traveling outside the City is an infringement of his constitutional right.
He said the hold departure order (HDO) restricting him to travel outside the country is enough security to deter him from hiding.
Government prosecutor Jose Garcia Jr. earlier showed interest to elevate the case against Ampatuan to the Court of Appeals by way of certiorari.
He said the move is needed since the prosecution panel is not happy with the order of Ibabao dismissing their twin motions blocking another round of re-investigation in the case and the bail bond granted to the accused.
Ibabao sustained his earlier ruling of granting another round of re-investigation to the case of the 19-year-old accused.
He said there is really a need to reinvestigate the case to determine if murder not homicide is the proper offense for Ampatuan.
The judge in opposing the cancellation of Ampatuan's bail claimed no new arguments were raised by the prosecution panel for him to reverse the earlier order of Judge Virginia Europa of RTC Branch 11 for the granting of Ampatuan's bail.
(January 28, 2003 issue)
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