The justice system in the Philippines was thrown into disarray Monday when government prosecutors denounced the decision taken by their own superior, the Justice Secretary, who earlier cleared two members of the Ampatuan family from murder charges in relation to the massacre of 57 people in Maguindanao last Nov. 23. Leading a protest in front of the Justice Department building, Chief State Prosecutor Claro Arellano said the decision taken by acting Justice Secretary Alberto Agra dishonors the institution's mandate to dispense justice. A day earlier, Agra ordered the dropping of multiple murder charges against detained Autonomous Region in Muslim Mindanao (ARMM) Governor Zaldy Ampatuan and cousin Akmad Ampatuan Sr., mayor of Mamasapano town in Maguindanao. Agra said he ordered the charges against the two Ampatuans to be dropped due to lack of documentary proof that would indicate that they conspired with their relatives in perpetrating the Maguindanao massacre. He claimed that conspiracy has not been established to show that there is reasonable doubt to charge the two for the Maguindanao massacre. But State Prosecutor Richard Fadullon rejected Agra's statements, saying there was already a finding of probable cause against the two Ampatuans. As such, he said Presiding Judge Solis Reyes should have been left to assess the evidence against the accused and the Justice Secretary should not have meddled. Speaking during a radio interview, Fadullon said the two Ampatuans were identified by a witness as having taken part in a Nov. 22 meeting where they plan to stop a rival politician, Ishmael Mangudadatu, from filing a certificate of candidacy as Maguindanao governor was decided. “There was a witness during that meeting where they agreed to ambush and kill all the people in the Mangudadatu convoy. This happened in Maguindanao...in the house of former Maguindanao Governor Andal Ampatuan,” Fadullon said. He faulted Agra's decision to absolve Zaldy Ampatuan based on the latter's alibi that he was not in Maguindanao on Nov. 23 when the massacre took place. “The strongest evidence is positive identification. The weakest is alibi,” Fadullon said. He said he and the other prosecutors felt bad about Agra's decision, especially since they were not even consulted about it and were not properly informed about the resolution. “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 read before reporters in front of the Justice Department building in Manila. For his part, Arellano said, they felt sad to publicly disagree with their superior's order. However, he noted that while the Justice chief has the final say on cases filed at the department, the prosecutors who are on the front line of the Philippine justice system believed there is probable cause to indict the two Ampatuans along with their other relatives implicated in the cases. “We pray and hope that… 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,” he said. “Otherwise, we dishonor the primary reason for which our institution exists and its very name: the Department of Justice,” Arellano added. “The Department of Justice is supposed to be the sword and shield of law and order. We are deeply concerned that the resolution would all the more convince, along with skeptical parties, that our criminal justice system is impotent when the accused are politically influential,” Arellano said. Earlier, the families of the victims met with Agra last Thursday to denounce his action, castigating him for betraying them.
