Tuesday, May 13, 2008 Ampatuan cleared in Asistido slay By Rhodamae M. Hernandez
THE Regional Trial Court dismissed the charges filed against a scion of a powerful clan in Maguindanao who was accused of shooting a man inside The Venue compound six years ago.
RTC Judge Emmanuel Carpio cleared Mohamad Banarin Ampatuan after the parents of the victim, Carlo Asistido executed their affidavit of desistance.
In a two-page order, Carpio said "the affidavit of desistance submitted by Mr. and Mrs. Asistido is tantamount to a withdrawal of evidence for the prosecution."
In the same order, Carpio said "when asked, the prosecution raised no serious objection for the dismissal of the case and left the matter to the discretion of the court," thus, the dismissal.
Ampatuan, assisted by his counsel, pleaded not guilty to a homicide case during his arraignment.
Carpio earlier ordered the Office of the Clerk of Court to release the bond posted by Ampatuan in the amount of P500,000 and ordered the latter to post P40,000 after the Northern Mindanao Regional State Prosecutor's Office downgraded his case from murder to homicide.
Private prosecutor Ranoelo Leonar earlier submitted his opposition for the reduction of bond, saying the accused was flight risk, considering the "political and financial status" of the accused.
On the other hand, the accused, through his counsel, opposed Leonar's claim, saying such claim was misleading since the accused has stayed in Mindanao after the filing of the case six years ago.
Ampatuan is accused of killing Carlo Asistido inside The Venue compound on Jacinto Extension, Davao City, at 2:30 a.m. of July 28, 2002.
His case was downgraded from murder to homicide because the Northern Mindanao RSPO noted the testimony of witnesses who said Asistido was not part of any of the two groups at war. Asistido was thus classified as a spectator or bystander, not an active participant.
