Agra ordered to submit weekly report on massacre case

MANILA, Philippines - Still smarting from criticism for clearing two members of the Ampatuan clan in the Maguindanao massacre, Justice Secretary Alberto Agra is now under orders from Malacañang to report on the progress of the case every week.

“I just want to get a status report because this issue really is in the limelight and we really have to determine the possible implications of this,” Executive Secretary Leandro Mendoza told reporters yesterday.

“Actually, one requirement we have is for him to submit a weekly status report,” Mendoza said.

Protests greeted Agra’s resolution last week clearing Autonomous Region in Muslim Mindanao Gov. Zaldy Ampatuan and Maguindanao Vice Gov. Akmad Ampatuan of involvement in the murders of 57 people – including lawyers and journalists – on Nov. 23 last year.

Agra’s issuance of the resolution also triggered a walkout by state prosecutors led by Chief Prosecutor Claro Arellano.

The families of the slain journalists have also filed a disbarment case with the Integrated Bar of the Philippines against Agra.

Mendoza said Agra called him up Thursday night to inform him of the filing of a motion for reconsideration on his resolution.

He said Agra had also informed him of his plan to create a special panel to handle the appeal.

Mendoza also urged Agra’s critics to let the judicial process run its course.

“Let’s not speculate, we already have our directives for him and I think he really has to address those directives,” Mendoza said, referring to orders for Agra to review his resolution in consultation with concerned state prosecutors.

In a press briefing at the Office of the Government Corporate Counsel, Agra said he might inhibit himself from the review process, but that he might have to study the rules first because under ordinary procedures, only he could review his resolution.

Asked what he would like to tell families of the massacre victims, Agra said: “I condemn in the strongest terms what happened. However, as the acting secretary of the department, I am duty bound not to make sweeping indictments.

“My position was based on law and my appreciation of the documents, records, evidences before me. Nothing else,” he added.

Agra said he wept in the middle of a speech at the New Bilibid Prison in Muntinlupa on Thursday after recalling the humiliations his family had to endure as a result of his controversial resolution.

Agra’s ally

As expected, a lawyer for the Ampatuans defended Agra’s issuance of the controversial resolution.

“Conspiracy was not established in the case. To indict Zaldy and Akmad only because their surname is Ampatuan would be the height of injustice,” lawyer Sigfrid Fortun said.

“The conclusions that should be reached in a case must be induced only by evidence presented during the preliminary investigation and not by emotional outbursts,” he said.

“While the media and the relatives and lawyers of the victims of the Maguindanao massacre are all emotional and are asking for the head of Secretary Agra, a careful examination of the resolution and the evidence presented by both parties would show that the decision to drop the charges against Zaldy Ampatuan and Akmad Ampatuan is in consonance with law and jurisprudence,” he said.

5th month

Loved ones and friends of the 57 victims of the massacre marked yesterday the fifth month of the massacre with calls for Agra’s resignation and disbarment.

In Davao City, local dailies released a pooled editorial denouncing Agra and demanding swift justice for the victims. 

“We will not rest until justice is done,” part of the editorial read.

In Malolos City in Bulacan, journalists picketed outside the Regional Trial Court Building near the capitol also to denounce Agra’s ruling. The journalists were in black shirts printed with messages like “AGRA-biyado kami” – a play on Agra’s last name.

In Bacolod City, Sen. Miriam Santiago said she was worried about the repercussion of the prosecutors’ reaction to Agra’s ruling.

“It is virtually unknown for a prosecutor who is a subordinate of the Justice secretary to protest a legal issue made by his boss,” Santiago said.

“This is an indication of how this generation is growing up. There’s a feeling among the young that their freedom of expression is superior to the obligation to show loyalty to the boss and institution,” she said.

Negros Occidental journalists said Agra could have been emboldened to issue the resolution with assurances of support from Malacañang. – With Aurea Calica, Jaime Laude, Ric Sapnu, Antonieta Lopez, Edith Regalado, Dino Balabo, Edu Punay, and Michael Punongbayan