CA junks Ampatuan’s hospital plea READ MORE:
In a resolution released last April 11, 2023 but was made public only on Tuesday, the CA’s former 17th Division denied Ampatuan’s motion for reconsideration of its decision issued on July 4, 2022 which upheld the ruling issued by the Regional Trial Court of Quezon City Branch 221 denying the petitioner’s urgent motion to be transferred from the New Bilibid Prisons to a hospital at the height of the COVID-19 pandemic.
The trial court denied Ampatuan’s request, saying that the NBP has its own facility where he could receive proper medical treatment, if necessary. This was upheld by the CA in a seven-page decision issued on July 20, 2022.The appellate court held that Ampatuan failed to justify how the “clear and present danger” rule applies to his case considering that the issues he raised neither involved the freedom of expression nor of religion.
“These developments are based on and affirmed by official statements of the government and are also of public knowledge of which judicial notice may be taken.
The petitioner insisted that the trial court’s order and the CA’s ruling upholding the latter’s ruling was tantamount to a deprivation of his right to life and health.
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