Maguindanao Gov. Datu Andal Ampatuan Sr., and seven other clan members asked the Supreme Court to stop law enforcement authorities from arresting any member of the clan without warrants issued by the court, in a petition filed Tuesday.

In a 26-page petition seeking the issuance of a temporary restraining order (TRO) and writs of preliminary mandatory injunction, prohibition, and mandamus, the Ampatuan patriarch, through counsel Siegfrid

Fortun, said that “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable and no search warrant and warrant of arrest shall issue except upon probable cause to be determined personally by the judge.”

The Ampatuans also asked the High Court to compel prosecutors to conduct preliminary investigations as a prelude to the issuance of any warrants of arrest against them.

Fortun cited Rule 113 of the Rules of Court which provides that a peace officer or a private person may arrest a person without a warrant “when, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; when an offense has in fact just been committed and he has personal knowledge of facts indicating that the person to be arrested has committed it; and when the person to be arrested is a prisoner who has escaped from a penal establishment…”

He added that the doctrine of hot pursuit is only applicable “if a crime has just been committed and the arresting officer has personal knowledge of facts indicating that the person to be arrested has committed it.

Hours after the mass killing last November 23, witnesses had pointed to Mayor Andal Ampatuan Jr. of Datu Unsay town as the one who allegedly led a band of heavily armed militiamen in blocking the convoy of the Mangudadatus, their political rival, on their way to the provincial capitol in Shariff Aguak, Maguindanao, to file the certificate of candidacy of Buluan Vice Mayor Esmael Mangudadatu.

Andal Sr., who is on his last term, is reportedly grooming Andal Jr. to take his place.

Aside from Andal Sr., the other petitioners in the Supreme Court petition are ARMM Gov. Zaldy Uy Ampatuan, Norodoin Ampatuan Datumanong, Akmad Ampatuan, Saudi Ampatuan Jr., Bahnarin Ampatuan Jr., Sajid Islam Ampatuan, and Akmad “Tato” Ampatuan Sr.

Named respondents in the petition were Justice Secretary Agnes Devanadera, Chief State Prosecutor Jovencito Zuño, Senior State Prosecutors Leo Dacera, Rosanne Balauag, Anjanette Ortille, Rassendell Rene Gingoyon, Niven Canlapan, Aldrin Evangelista, Lamberto Fabros, Assistant Prosecuting Attorney Xerxes Garcia, Prosecutors Rami Guiling, Akilali Balt, Al Calica, Edilberto Jamora, Felipe Vicente Velasco, Elmer Lastimosa, the Armed Forces of the Philippines, the Philippine National Police (PNP), and the National Bureau of Investigation (NBI).

Last Monday, 27 murder charges were filed by government prosecutors in Cotabato City against Mayor Andal Jr.

Devanadera said evidence gathered included items found at the crime scene, autopsy reports, and sworn statements of at least 17 witnesses.

Police and military authorities in Cotabato City have mounted a region-wide manhunt for a police major who has been linked to the massacre, Chief Supt. Felicisimo Khu, head of Task Force 12-Alpha said. (With reports by Elena L. Aben, Aaron B. Recuenco, and Nonoy E. Lacson)