G.R. No. 197291 - Ampatuan Jr. vs. De Lima

On November 23, 2009, 57 civilians were brutally massacred in Sitio Masalay, Municipality of Ampatuan, Maguindanao, an event that shocked the nation.

Petitioner, Datu Andal Ampatuan Jr., then serving as Mayor of Datu Unsay, Maguindanao, was identified among the principal suspects in connection with the massacre.

The massacre initiated wide-ranging inquest proceedings conducted on November 26, 2009 at the General Santos (Tambler) Airport Lounge before petitioner was transferred to Manila and detained by the National Bureau of Investigation (NBI).

The Philippine National Police (PNP) and the NBI charged more than a hundred individuals for their alleged roles in the massacre.

The Department of Justice (DOJ), under Department Order No. 948 issued by then Secretary of Justice Agnes Devanadera, constituted a Special Panel of Prosecutors to conduct the preliminary investigation.

On November 27, 2009, the DOJ resolved to file criminal informations for murder against petitioner and to issue subpoenas to several individuals, with additional informations later filed in various venues including the Regional Trial Courts in Cotabato City and Quezon City.

Petitioner notably pleaded not guilty to a total of 41 informations for murder during arraignments on January 5, 2010; February 3, 2010; and July 28, 2010.

In response to concerns over a potential miscarriage of justice, Secretary Devanadera transmitted a letter on December 3, 2009, to Chief Justice Puno requesting the transfer of the trial venue from Cotabato City to Metro Manila; this request was granted on December 8, 2009.

Despite the venue change, additional informations were filed and the prosecution continued to develop the case against multiple suspects, including a joint resolution on February 5, 2010 that charged 196 individuals with multiple murder in connection with the massacre.

On October 14, 2010, petitioner, through his counsel, formally requested that Kenny Dalandag be included as an accused in the murder informations based on Dalandag’s sworn admissions detailing his participation in the massacre.

Petitioner reiterated his request on October 22, 2010 and November 2, 2010, but Secretary of Justice Leila De Lima ultimately denied the inclusion of Dalandag.

Subsequently, on August 13, 2010, Dalandag was admitted into the Witness Protection Program, a development that played a significant role in the decision not to charge him as an accused.

On December 7, 2010, petitioner filed a petition for mandamus (Civil Case No. 10-124777) before the Regional Trial Court (RTC) in Manila, seeking to compel the prosecutor to charge Dalandag as an accused.

The petition underwent various pre-trial conferences and motions, including a motion for production of documents and the issuance of a subpoena to Dalandag, whose appearance was scheduled and later contested.

Finally, on June 27, 2011, the RTC in Manila issued an order dismissing the mandamus petition, thereby leading to the present appeal by petition for review on certiorari.

Whether the public respondents (including the Secretary of Justice and the Panel of Prosecutors) may be compelled by writ of mandamus to charge Kenny Dalandag as an accused in connection with the Maguindanao massacre, given his admitted participation in the crime through sworn affidavits and official records.
Whether Dalandag’s subsequent admission into the Witness Protection Program serves as sufficient justification to exclude him as an accused and to preclude his indictment for involvement in the massacre, despite his earlier admissions concerning his role in planning and executing the crime.