DOJ clarifies: QC court, not us, dismissed rebellion raps vs Ampatuans

Justice Secretary Alberto Agra on Tuesday clarified that it was the Quezon City Regional Trial Court – and not his department – that did not find probable cause to indict some of the Ampatuans for rebellion, including its patriarch Andal Sr. It was the Justice Department that filed the rebellion charges, which stemmed from the Ampatuan clan’s alleged move to stir up an armed uprising to preempt impending arrest after they were linked to the November 23 Maguindanao massacre that killed 57 people. "Ang nag-dismiss hindi kami. Ang nag-dismiss ang korte ... Kaya ang kaganapan noong Biyernes wala kaming control dahil korte ang nag dismiss at nagpasiya na wala raw probable cause at ito ay aming iaapela," Agra said in an interview on dwIZ radio. (We did not dismiss the rebellion charges. It was the court who did it. We have no control over the court's decision that there was no probable cause, and we will appeal it.) The Ampatuans, a powerful political family in Central Mindanao, are political allies of President Gloria Macapagal-Arroyo. On Monday, Quezon City Regional Trial Court Branch 77 Judge Vivencio Baclig ordered the release of Ampatuan clan members, including patriarch Andal Sr., after finding no probable cause for rebellion. [See: Court junks rebellion raps vs Ampatuan patriarch, others] Also ordered released were former Autonomous Region in Muslim Mindanao (ARMM) Governor Zaldy Ampatuan, Datu Akmad Tato Ampatuan, Datu Anwar Ampatuan and Datu Sajid Islam Ampatuan. Several members of the Ampatuan also face murder charges for the killing of 57 people, including 32 journalists, in Ampatuan, Maguindanao last November 23. Agra said he has asked for a copy of the court decision so the Justice Department can appeal the case, saying that options include filing a motion for reconsideration before the court, or taking the matter to the Court of Appeals. Agra added that in the meantime, the DOJ is waiting for the Supreme Court’s order when to move the suspects to the Bureau of Jail Management and Penology facility in Taguig. Surprised over judge's decision While he admitted he was surprised, Agra would not say if he was dismayed with Baclig's decision, saying he does not want to take the decision personally. "Ayokong pinepersonal ang ganitong decision. Pero kinagulat namin dahil aming paniniwala may rebellion," he said. (I do not want to take these things personally but I was surprised because I was convinced we had a rebellion case against them.) Ampatuans not yet free to go Agra also stressed that despite the court's decision, the Ampatuans are not automatically free to go since they still face murder charges. "Maliwanag sa decision ni Judge Baclig, pwede pa silang ‘di makalaya kung may ibang kasong nagsasaad [na] sila [ay] madetine. Ito ang murder case. May finding na probable cause laban sa mga akusado kaya ‘di sila makalaya," he said. (Baclig's decision was clear. The suspects are to stay if there are other cases that merit their continued detention. This is the murder case, where probable cause has been found against the accused.) Meanwhile, Agra said the DOJ continues to review the murder charges to determine the degree of participation of each of the accused. "(Ito) para in the near future magpasiya ang DOJ kung tuloy ang kaso sa lahat o may idi-discharge," he said. (We want to see who we will continue prosecuting and who we may discharge.) — with Nikka Corsino/LBG/SMD/RSJ, GMANews.TV