BAGUIO CITY – Acting Justice Secretary Agnes Devanadera Tuesday rejected allegations the judicial system is biased against members of the Ampatuan political clan and presumed them guilty over their alleged involvement in the November 23 massacre in Maguindanao.

Devanadera said the justice department has not denied the suspects in the Maguindanao massacre "due process that is guaranteed by the Constitution which is an opportunity to be heard."

She said the Ampatuans were actually given "enough time" to present their defense of the murder charges but the respondents declined and tried to delay the proceedings.

With the suspects refusing to present their counter affidavits, the cases are now up for resolution by January, according to Devanadera.

The suspects could only blame themselves if they are eventually found guilty of the charges, she added.

Devanadera noted the Ampatuans were "very categorical" in saying they would not submit any counter affidavit during two previous hearings supposedly because "the DoJ has prejudged" them.

"There was the opportunity but it is really on the part of the respondents that they did not avail of this opportunity to be heard," she said.

"So I don't see the bias there and the panel of prosecutors was also very categorical in saying that the next hearing, which was (Monday) would be the last and after that time, the murder cases would be submitted for resolution," she said.

Devanadera said at the start of the preliminary investigation, the lawyers of the suspects even requested for a reconsideration to submit the counter affidavit "which all along they had with them.”

"We cannot be playing with the proceedings of the DoJ. The government is very serious on this. The government is serious in attaining whatever is necessary to have justice," she said.

By January 5, Devanadera said the petition for bail filed by Datu Unsay Ampatuan Jr., the main suspect of the massacre of 57 people, will be heard by a regional trial court in Quezon City.

She said court hearings have been set ahead of time so the respondents can prepare themselves for their defense.

"If the respondents do not avail of all these opportunities, there is no one to blame," she said.

The murder cases against Ampatuan will go on as scheduled despite the ongoing proceedings of the rebellion charges hurled against him, according to Devanadera.

Meanwhile, Devanadera said that where suspects and those charged in the Maguindanao massacre would be jailed would be finalized in the new year.

“We are still looking for a bigger place that could house such a big number of respondents. Right now, we are considering Bicutan or Sta. Rosa, Laguna,” said Devanadera.

She said the murder case is expected to be resolved on or before Feb. 2, 2010, citing the law which gives the panel only 60 days after the filing of the case to review and give out a decision.

Meanwhile, the second hearing for the preliminary investigation regarding the rebellion case against the other Ampatuans and civilian volunteer organizations (CVO) would resume on Jan. 12, 2010. (With a report from Mitch Arceo)