Prosecutors hit Agra ruling on Ampatuans

By LEONARD D. POSTRADO
April 19, 2010, 5:38pm

At least 15 state prosecutors on Monday urged Department of Justice (DoJ) Secretary Alberto Agra to reverse his earlier decision to drop charges against two members of the Ampatuan clan blamed for the murders of 57 people, most of whom were journalists, in Maguindanao last November.

Chief State Prosecutor Claro Arellano, admitted to reporters in a press conference that they were surprised that Agra suddenly released his resolution on the petition for review of cousins Zaldy “Puti” Ampatuan and Akmad “Tato” Ampatuan Sr. which reversed the panel of prosecutor's resolution indicting the two from the murder case.

“We may have differences of opinions, but at the end of the day and after all is said and done, his opinion prevails over ours. But we, being in the frontline, still believe, with due respect, that there is probable cause to indict the two accused,” Arellano insisted.

“As professional career prosecutors, it pains us to publicly disagree with the resolution of the Secretary of Justice,” he added.

The 15-member panel that studied the case of the Ampatuans likewise questioned the seemingly “quick” judgment of the Justice secretary as he issued his resolution a day after he assured relatives of the Maguindanao massacre victims that he had  no conclusions yet indicting the two Ampatuans and that he has yet to review the case.

“At the time, we thought it was a neutral, impartial and fair statement to the victims' families. The following day, Secretary Agra released his resolution on the petition for review of Zaldy Ampatuan which unfortunately reversed the panel's resolution,” he said.

Arellano and other state prosecutors arrived at the DoJ building at around 11 am to protest the resolution issued Friday.

In a statement he read before newsmen, Arellano reminded Agra that the DoJ should be the sword and shield of law and order.

“We are deeply concerned that the resolution will all the more convince a long skeptical public that our criminal justice system is impotent when the accused are politically influential,” he said in a statement

“We pray and hope that despite difficulties and setbacks, justice will ultimately be served to the victims of this tragedy. It is along this line that we earnestly and respectfully request Acting Secretary Agra to revisit this resolution," Arellano said.

“Otherwise, we dishonor the primary reason for which our institution exists and its very name: the Department of Justice,” he stressed.

He issued the statement on behalf of the members of the National Prosecution Service and the panel of prosecutors handling the multiple murder case filed against 197 suspects, including members of the Ampatuan clan and their supporters, for what has been considered the most brutal election-related killings committed in memory.

Disputing Agra's claim that there was no witness against Zaldy and Akmad Ampatuan, Arellano said there was a witness who positively identified the two as among those who conspired to murder 57 people, 31 of whom were journalists, to prevent a political rival from running against Mayor Andal Ampatuan Jr. for Maguindanao governor.

“It is a rule in evidence that positive identification by a witness prevails over a negative assertion. Interestingly and ironically, while Secretary Agra basically implies that witness Kenny Dalandag is very credible as to his positive identification of the other accused during the planning of the murders, he is not at all credible when he identified Zaldy Ampatuan,” Arellano said.

He said the supposed plane tickets, flight manifests and phone statements submitted by Zaldy Ampatuan “have yet to stand scrutiny through cross-examination” in court.

“The resolution basically redefined the plain and ordinary meaning of “probable cause,” he said.

"This is not the role of the DoJ in a preliminary investigation or in a petition for review. This is the sole function of the courts. Our task is merely to determine probable cause,” Arellano stressed.

Meanwhile, Asst. Chief State Prosecutor Richard Fadullon that the 15-man panel wonders why Agra junked the multiple murder against the suspended Autonomous Region for Muslim Mindanao and his cousin.

“Secretary Agra knows that we were pain-stakingly working on this case against the Ampatuans that is why we were really caught surprised when we heard about his decision,” he said.