Manila, Philippines — Former Autonomous Region in Muslim Mindanao (ARMM) governor Zaldy Ampatuan is prodding the Court of Appeals (CA) to rule on his petition seeking his exclusion as respondent in the Maguindanao massacre case.

Zaldy, along with his cousin Datu Akmad “Tato” Ampatuan Sr., was earlier cleared of involvement in the brutal killing of 57 people in the country’s worst political violence in November last year. But then Justice Secretary Alberto Agra eventually reversed the order amid public outrage.

In a motion filed through lawyer Redemberto Villanueva, Zaldy asked anew the appellate court to reverse a Department of Justice (DoJ) resolution that reinstated him as among the respondents in the multiple murder case. Zaldy said that any delay in the resolution of his petition would cause some injustice to him considering that he had earlier been cleared of murder charges in the April 16, 2010 resolution of Agra. That resolution was reversed by Agra on May 5, 2010 after giving credence to the affidavit of new witness, Abdul Talusan, who identified his participation in the massacre.

According to Zaldy, Agra violated his constitutionally guaranteed right to due process when the latter gave weight to Talusan’s testimony without affording him an opportunity to prevent counter-evidence.

Talusan, in his affidavit, claimed that Zaldy participated in the meeting held at the house of his father, former Maguindanao governor Datu Andal Ampatuan Sr., where the massacre was allegedly planned.

Zaldy claimed he received a copy of the motion for reconsideration only last May 17 or 12 days after Agra issued his resolution reinstating him and Akham as respondents in the case.

“The existence of Talusan’s affidavit was only known to petitioner because of media reports. Petitioner therefore was not afforded any opportunity to controvert the affidavit of Abdul Talusan which was introduced only in the supplemental motion for reconsideration,” Zaldy pointed out.