Akmad Ampatuan asks Court of Appeals to junk Agra resolution indicting him

MANILA, Philippines - Detained former Maguindanao vice governor Datu Akmad Ampatuan Sr. has asked the Court of Appeals (CA) to nullify a resolution of Justice Secretary Alberto Agra approving with finality his indictment for the killing of 57 people in Maguindanao in November last year.

In a 30-page petition, Akmad alleged that Agra committed grave abuse of discretion in taking back the April 26 resolution that cleared him and another accused, detained former Autonomous Region in Muslim Mindanao (ARMM) governor Zaldy Ampatuan.

Akmad said it was wrong for Agra to consider the affidavit of new witness Abdul Talusan submitted by private prosecution lawyer Nena Santos in resolving her appeal of his earlier resolution.

Akmad said Agra admitted Talusan’s affidavit without giving him a copy and without according him the opportunity to submit a counter-affidavit, which is a violation of his constitutional right to due process.

He cited the case of Uy vs. Ombudsman, where the Supreme Court had ruled that new evidence cannot be introduced in resolution of a motion for reconsideration of a resolution.

Akmad said Agra should have remanded the case back to the panel of prosecutors investigating the case for continuance of the preliminary investigation.

He reiterated that the panel of prosecutors erred and committed grave abuse of discretion in recommending his indictment despite that he was not included as one of the respondents in the crime.

Akmad said the recommendation for his indictment in the Maguindanao massacre was based on the sworn statements of witnesses Esmael Mangudadatu, Nasser Abdul and Kenny Dalandag.

However, in all the affidavits of the witnesses, Akmad said there was no clear allegation that he had actual participation in the multiple murder.

Akmad added that the panel of investigators failed to state any specific overt act that would establish his involvement in the said crime.

With this, he asked the appellate court to issue a temporary restraining order (TRO) enjoining the DOJ from proceeding with his prosecution.

Agra, in his April 16 resolution, granted the petition for review filed by Akmad and Zaldy seeking the reversal of the resolution of the panel of prosecutors which found probable cause to indict them for their alleged involvement in the massacre of 57 civilians, including at least 30 journalists.

The DOJ chief held that the alibi of the two accused is stronger than the positive identification of Dalandag. Agra’s dismissal of the criminal complaint against Akmad and Zaldy drew public outrage, particularly from the members of the prosecution panel, who called for his revocation of the said resolution.

Acting on the motion for reconsideration filed by Santos, Agra reversed his April 16 order in light of the affidavit submitted by Talusan and new arguments raised by the lawyer.

But Akmad argued that Agra committed grave abuse of discretion in reversing his April 16 ruling based on the affidavit of Talusan considering that it was not among the evidence used by the panel of prosecutors in their resolution indicting him and Zaldy for the Maguindanao massacre.