No hospital arrest for Ampatuan: lawyer
Friday, July 22, 2011
MANILA — A lawyer of massacre suspect and suspended governor of the Autonomous Region in Muslim Mindanao (Armm) Rizaldy “Zaldy” Ampatuan said his client is not seeking hospital arrest.
Regional Trial Court Branch 221 Judge Jocelyn Solis-Reyes on Thursday night allowed Ampatuan to stay at the Philippine Health Center (PHC), where he is confined since Wednesday, until 12 noon Friday.
He was diagnosed of acute coronary syndrome.
“There is no such thing as hospital arrest at hindi kami humihingi nyan (we did not ask for it). It’s a misnomer dahil wala sa batas yang hospital arrest (the law does not allow hospital arrest). Nangyayari lang yan sa mga dictatorial regime (It only takes place under a dictatorial regime),” said lawyer Firdausi Abbas, one of Ampatuan’s counsels for his massacre case.
Maguindanao Governor Esmael Mangudadatu, whose wife and sister were killed in the 2009 Maguindanao massacre, criticized the court order allowing Ampatuan to stay overnight in the hospital on Wednesday, saying it may lead to special treatment, possibly a hospital arrest.
Ampatuan was allowed to stay in the state-run heart hospital on Wednesday after he showed signs of heart failure. His cardiologist has advised that he must undergo angiogram to check the flow of blood to his heart.
“Natatakot lang yan si Mangudadatu dahil pag nakalabas si Zaldy alam nya wala sya kapana-panalo sa Maguindanao (Mangudadatu is just scared because once Zaldy gets out of jail, he knows that he won’t be able to win in Maguindanao),” Abbas said.
Mangudadatu asked Judge Solis-Reyes to clarify how long Ampatuan will stay at the hospital. Ampatuan’s hospital stay should be specific and limited, he said.
In a ruling released Wednesday afternoon, Judge Solis-Reyes held in abeyance any decision on Ampatuan’s request for confinement.
“He is directed to immediately submit an original abstract and submit fully notarized documents identifying the need for his admission at the said hospital,” she said in her ruling.
The medical abstract and notarized documents from Ampatuan’s attending doctor, Danny Kuizon, were only submitted Thursday in compliance with the court order.
Kuizon said Ampatuan is suffering from chest pains and acute coronary syndrome, as well as difficulty in breathing.
Contempt threat
Meanwhile, a private prosecutor representing one of the massacre victims asked the court to cite Ampatuan and Quezon City Jail Annex Warden Chief Inspector Bernardino Edgar Camus for contempt for having sought hospital confinement, and the latter for permitting Ampatuan to stay overnight at the heart hospital.
Lawyer Harry Roque filed the complaint on behalf of one of his clients, Editha Tiamzon, wife of UNTV’s Daniel Tiamzon.
Daniel Tiamzon was one of the 32 media workers killed in the November 23, 2009 massacre allegedly perpetrated by gunmen on the orders of some members of the influential Ampatuan clan.
In his petition, Roque said Zaldy failed to comply with the court’s order directing him to “immediately submit the original copy of the Clinical Abstract and to submit a duly-notarized Certification certifying the necessity for his medication and admission at the said hospital.”
The court said “in the meantime, appropriate action on the accused’s request is held in abeyance pending (accused) compliance.”
“Instead of complying with the Court’s latest Order, Accused had himself admitted to the Philippine Heart Center, with the knowledge and acquiescence of Jail Senior Inspector Bernardino Edgar T. Camus, who was responsible for the former’s security,” the seven-page petition said.
It said, “It is clear from the Order dated July 20, 2011 issued by this Honorable Court that Accused, pending the production of the required documents, is to remain on out-patient status at the Philippine Heart Center.”
Roque said Ampatuan had no intention of complying with the court order and had intended to put the court in an awkward position.
Explain extended stay
Malacañang on Wednesday ordered the Department of Interior and Local Government (DILG) to look into the extension of hospital confinement of the suspended Armm governor.
Presidential spokesperson Edwin Lacierda said the Bureau of Jail Management and Penology (BJMP) should explain the reason behind the further confinement of Ampatuan at the Philippine Heart Center (PHC).
Lacierda said Interior Secretary Jesse Robredo wanted Ampatuan back in jail since Wednesday night. “What we expected was just a hospital visit and he will be brought back to Camp Bagong Diwa afterwards,” he said.
Ampatuan has been detained in Camp Bagong Diwa in Taguig in connection to the Maguindanao massacre where at least 57 people were killed, including 32 journalists.
Lacierda said Malacanang sees no reason for the massacre suspect to be placed under hospital arrest.
He assured that the Department of Justice will file the “strongest possible objection” should Ampatuan file a motion for further hospital confinement.
“Ampatuan must prove that he really needs to be placed under hospital arrest. For us, we don’t see a reason why he should be placed under hospital arrest,” the Palace official stressed.
“We believe that he should be given proper medical attention but we also believe that it can be addressed without him having to be confined in a hospital,” Lacierda said. (Jill Beltran/AH/Sunnex)
Source: http://www.sunstar.com.ph/manila/local-news/2011/07/22/no-hospital-arrest-ampatuan-lawyer-168283
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