G.R. No. 200106 - Ampatuan, Sr. vs. Secretary of Justice

On November 23, 2009, a convoy of eight vehicles sent by Esmael “Toto” Mangudadatu—composed of family members, lawyers, and media personnel—was en route to file his certificate of candidacy for governor of Maguindanao.
The convoy was stopped at a checkpoint in Ampatuan, Maguindanao, secured by the 1508th Provincial Mobile Group. Armed men led by Mayor Datu Andal “Unsay” Ampatuan Jr. abducted the passengers, drove them to Barangay Saniag, and massacred them. Fifty-seven mutilated bodies were later recovered; one remained missing.

The National Bureau of Investigation (NBI) and Philippine National Police (PNP) filed complaints for abduction, multiple murder, robbery, and damage to property. The DOJ Panel of Investigating Prosecutors found probable cause to charge Andal Ampatuan Jr. and issued subpoenas to 103 respondents, including Datu Akmad “Tato” Ampatuan Sr.
Ampatuan filed a counter-affidavit alleging alibi—attendance at a medical mission in Mamasapano on November 23, 2009. On February 5, 2010, the DOJ Panel found probable cause against 103 respondents but initially excluded Ampatuan.
Upon petition for reconsideration, Secretary of Justice Agra first excluded Ampatuan (December 2009 affidavit) but on May 5, 2010—after a supplemental motion attaching the Talusan affidavit—reinstated probable cause against him.

Ampatuan’s certiorari petition to the Court of Appeals challenged the supplemental evidence and denial of due process; the CA denied relief, upholding the Secretary’s exercise of discretion.
The Supreme Court denied a status quo ante order. The Regional Trial Court of Quezon City, Branch 221, conducted trial and, on December 19, 2019, acquitted Ampatuan for lack of overt acts despite his admitted presence at planning meetings.
Ampatuan’s acquittal rendered his Rule 45 petition moot, but the Supreme Court proceeded to resolve the legal questions presented.

Whether the petition improperly raises factual questions beyond Rule 45’s scope.
Whether the Secretary of Justice gravely abused discretion by admitting the Talusan affidavit via a supplemental motion for reconsideration without ordering reinvestigation.

Whether Ampatuan was denied due process by not being given the opportunity to controvert the supplemental evidence or secure reinvestigation.

Whether the Secretary of Justice gravely abused discretion in finding probable cause to indict Ampatuan for multiple murder based on the supplemental motion.