MANILA, Philippines - Justice Secretary Alberto Agra yesterday reversed his decision last month that cleared two prominent members of the Ampatuan clan in the massacre of 57 people in Maguindanao in November 2009.
In a 30-page resolution, Agra gave weight to the testimony of a new eyewitness in reinstating earlier findings of investigating fiscals that there was probable cause to indict detained Gov. Zaldy Ampatuan of the Autonomous Region in Muslim Mindanao and Maguindanao Vice Gov. Akmad “Tato” Ampatuan Sr.
He granted the motions of families of victims in the carnage that sought reconsideration of his resolution last April 16, which favored the appeals of the two Ampatuans and reversed findings of prosecutors.
“I am now convinced that there is probable cause insofar as involvements of Zaldy and Akmad Sr. in the massacre are concerned,” Agra, who issued the new resolution on six different motions filed before his office, said.
The Department of Justice (DOJ) chief explained that the testimony of new witness, Abdul Talusan, a member of a civilian volunteer organization in the province, strengthened the evidence of the prosecution.
In his sworn affidavit, Talusan claimed that he was in the house of clan patriarch Andal Sr. last Nov. 22, where the carnage was planned and saw Zaldy and Akmad there.
He said when he arrived in the house of Ampatuan in Barangay Bagong in Shariff Aguak at around 6 p.m. that day, Akmad was already there, while Zaldy arrived later at about 11 p.m.
“Datu Andal Ampatuan Sr. ordered them that if the Mangudadatus would file certificate of candidacy, they should hostage them and their companions and kill them all. Datu Zaldy responded ‘yes father’,” Talusan recalled in the local dialect.
The new witness claimed that Zaldy further said: “We will follow everything you say, father.”
A key witness, Kenny Dalandag, had a similar story submitted during preliminary investigation at the DOJ.
His testimony was upheld by investigating fiscals – only to be screened by Agra because of documentary evidence submitted which supposedly proved that they were not in the meeting.
The DOJ chief said he was not pressured by the Palace nor by public influence in recalling his earlier resolution absolving the two Ampatuans, which drew condemnation from many sectors.
He said he just took into account the presentation by lawyer Nena Santos, who represents relatives of 25 of the victims, confirming Zaldy arrived at Shariff Aguak to attend the meeting in the house of Ampatuan Sr. at around 11 p.m. last Nov. 22.
As for Akmad, the resolution stated that “Santos was able to present a Sinumpaang Salaysay of a witness identifying him to have participated in the killings.”
Agra said he consulted with Chief State Prosecutor Claro Arellano and Assistant Chief State Prosecutor Richard Anthony Fadullon last week before coming up with his new resolution.
Six members of the Ampatuan clan and nearly 200 others allegedly acting under their orders have been charged for the massacre, allegedly carried out to quash the challenge of a political rival in national elections.
But Agra shocked the nation last April 21 when he announced he was dropping charges against the two Ampatuans for insufficient evidence.
Nothing unusual
Malacañang saw nothing unusual in the move of Agra in reversing his controversial resolution.
Deputy presidential spokesman Gary Olivar pointed out that Agra earlier stated that his decision was based on the facts of the case and was open to reversing it if new evidence would warrant it.
“Since his reversal was reportedly made due to evidence from new witnesses, Secretary Agra was simply being consistent with his earlier avowals that his decisions are based only on facts and the law, as they should be,” Olivar said.
President Arroyo last month ordered Agra to review his decision clearing the two Ampatuans from any involvement in the Nov. 23 Maguindanao massacre in the face of growing public outrage over this move.
He was directed “to confer with prosecutors to ascertain if any important evidence was not considered, presented, or available when his ruling was made,” Executive Secretary Leandro Mendoza said.
He was also ordered to give weekly reports to the Palace on the progress of the case.
The Maguindanao massacre has heightened the country’s profile as one of the most dangerous places in the world for journalists and stoked tensions ahead of the national and local elections.
P55-million assistance
Meanwhile, Agra announced that the DOJ has collected P55-million worth of assistance programs for the benefit of relatives of the victims.
He revealed that the packages, which will be sponsored by Federation of Philippine Industries (FPI) and Philippine Charity Sweepstakes Office (PCSO), are meant for academic scholarships, health and medical assistance, and livelihood projects for the victims’ families.
The DOJ chief said they would meet with the families of victims and sponsors to discuss the mechanism of the financial assistance program.
The DOJ sourced P5 million of the aid package from PCSO, while the P50-million balance would come from FPI to be signed Friday with the DOJ under a Declaration of Commitment for the donation. – With Paolo Romero