Acting Justice Secretary Alberto Agra cleared detained former Autonomous Region in Muslim Mindanao (ARMM) Governor Zaldy Ampatuan and Akmad Ampatuan of multiple murder charges in connection with November 23, 2009 massacre in Maguindanao.

He also directed the prosecutors to exclude the two from the charge sheets.

Agra, however, said former Maguindanao Gov. Andal Ampatuan Sr. and Datu Unsay town mayor Andal Ampatuan Jr. remain accused in the multiple murder charges.

In clearing Zaldy, Agra said conspiracy was not established. “Existence of conspiracy was not proven and being relatives and having similar surnames does not mean there was conspiracy,” he said.

He also gave credence to the documentary evidence that prove that he was not in the crime scene at the time

“There's no proof of conspiracy” so he gave weight to Zaldy Ampatuan's alibi. I cleared Zaldy based on the evidence he presented, consisting of plane tickets and cellphone (Smart) records that he was not in Maguindanao at the time of the massacre, and a witness who testified that he was not in Maguindanao at the time,” he said.

Agra said he cleared Akmad Ampatuan because the witness Kenny Dalagdag did not identify him.

“Second, because he was not included in the charge sheet of the National Bureau of Investigation and the Philippine National Police; and third because he had an alibi, that he joined a medical mission elsewhere at the time of the massacre,” he said.

Agra said he also gave credence to Akmad's alibi because there was no proof of conspiracy.

He said the prosecutors are set to formally manifest before Judge Jocelyn Solis-Reyes who is handling the case that they are not charging the two Ampatuans with murder.

“It will depend on the judge,” Agra said when asked if the two Ampatuans will now be released.

The DoJ secretary said he expects that the resolution which he signed would be marred with controversy. “I resolved the petition for review based on evidence before me and not because it is popular clamor or not,” he said.

He also said that on the same day, he also directed the withdrawal of information against the key prosecution witness in the Maguindanao massacre who was earlier charged for a separate criminal charges in different incident.

In a resolution, Agra directed the provincial prosecutor to withdraw the charges against Mokammad (also Mohammad) Sangki and four others as the DoJ found “no probable cause” to hold them liable for murder and frustrated murder in separate case.

The other respondents in this case are Salik Sangki, Abdila Makalingay, Akmad Sangki and Teng Pigkaulan.