Case Summary (G.R. No. 200106)
Key Dates
November 22–23, 2009: Planning meeting at Ampatuan residence and subsequent ambush of Mangudadatu convoy
November 26–27, 2009: Arrest of Datu Andal Ampatuan, Jr.; filing of NBI Complaint and DOJ Information
February 5, 2010: DOJ Panel finds probable cause to indict 103 respondents, including Ampatuan Sr.
April 16 & May 5, 2010: Secretary of Justice Agra’s resolutions dismissing then reinstating probable cause against Ampatuan Sr.
August 18, 2011 & January 3, 2012: Court of Appeals Decision and Resolution affirming DOJ’s reinstatement
August 7, 2013: Scheduled arraignment; status quo order denied by the Supreme Court
December 19, 2019: Ruling of RTC Quezon City acquitting Ampatuan Sr. on reasonable doubt
February 22, 2023: Supreme Court Decision resolving Petition for Review
Applicable Law
1987 Philippine Constitution (Decision dated 2023)
Revised Rules of Criminal Procedure, Rules 110, 112, 114
2000 National Prosecution Service Rule on Appeal (DOJ Circular 70)
Prosecution Service Act of 2010 (RA 10071)
Factual Background
Esmael “Toto” Mangudadatu dispatched a convoy of six vehicles on November 23, 2009 to file his candidacy in Shariff Aguak, Maguindanao. Forty-eight individuals—journalists, lawyers, relatives—traveled with him. At a checkpoint in Ampatuan territory, heavily armed men under then-Mayor Datu Andal Ampatuan, Jr., seized the convoy, led it to Barangay Saniag, and executed 57 of its occupants.
Preliminary Investigation and DOJ Resolutions
November 26–27, 2009: NBI filed Complaints against Andal Jr. DOJ Panel directed filing of Informations for murder and issuance of subpoenas to Ampatuan family members, including Ampatuan Sr.
February 5, 2010: DOJ Panel recommended indictment of 103 respondents for 57 counts of multiple murder, including Ampatuan Sr.
April 16, 2010 (Agra I): Secretary Agra granted Ampatuan Sr.’s petition, finding no evidence of his presence at the crime scene or planning meeting; ordered exclusion from Informations.
May 5, 2010 (Agra II): After Supplemental Motion for Reconsideration attaching Talusan affidavit alleging Ampatuan Sr.’s attendance at the November 22 meeting, Secretary Agra reversed himself and found probable cause to indict Ampatuan Sr.
Court of Appeals Proceedings
Petition for Certiorari argued that (1) the Secretary abused discretion by considering new evidence on reconsideration; (2) due process was violated by denial of opportunity to controvert Talusan affidavit; (3) case should have been remanded to DOJ Panel.
August 18, 2011 Decision: CA dismissed petition, held that DOJ Secretary may receive additional evidence on reconsideration under DOJ rules; no grave abuse of discretion; due process preserved by earlier counter-affidavit opportunities.
Trial Court Disposition
RTC Quezon City (Dec. 19, 2019): Acquitted Ampatuan Sr. on reasonable doubt, noting absence of overt act and reliance on conspiracy alone insufficient for conviction.
Issues Presented
- Whether Secretary of Justice committed grave abuse of discretion by accepting supplemental evidence without separate reinvestigation.
- Whether Ampatuan Sr. was denied due process by being unable to controvert supplemental evidence.
- Whether probable cause finding against Ampatuan Sr. was gravely abused based on supplemental evidence.
Secretary of Justice’s Discretion and Supervision
Under the Revised Administrative Code and Prosecution Service Act, the Secretary exercises direct control and supervision over prosecutors, empowered to reverse or modify resolutions motu proprio without a new investigation. The 2000 NPS Rule on Appeal prohibits second motions for reconsideration, but the Supplemental Motion for Reconsideration preceded final action on the first motion and merely corroborated existing evidence, thus not falling within the prohibition.
Due Process in Preliminary Investigation
The right to a preliminary investigation is a statutory component of due process. Ampatuan Sr. filed a timely counter-affidavit and supporting evidence (alibi) during the initial investigation. He was afforded multiple opportunities to present defenses before the DOJ, CA, and Supreme Court. No statutory right exists to demand a separate reinvestigation of supplemental evidence; such reinvestigation lies within the Secretary’s discretion.
Probable Cause Standard and Grave Abuse
Probable cause requires a well-founded belief that a crime was committed and the respondent is probably guilty. It is determined by prosecutors in their sole executive function; c
Case Syllabus (G.R. No. 200106)
Background Facts
- On November 23, 2009, Esmael “Toto” Mangudadatu dispatched a convoy to file his certificate of candidacy in Maguindanao, carrying media persons, relatives, and supporters.
- The convoy, comprising six vehicles, was stopped at a checkpoint in Sitio Malating, Barangay Salman, secured by the 1508th Provincial Mobile Group under Camp Datu Akilan.
- Armed men led by Mayor Datu Andal “Unsay” Ampatuan, Jr. ordered the passengers out, seized their belongings, then drove the vehicles to Barangay Saniag where gunfire was heard.
- At around 2:30 p.m., military and police discovered 57 mutilated and mangled corpses—those of the convoy passengers—and recovered firearms cartridge cases.
Initial Investigation and Indictment
- November 26, 2009: NBI filed a complaint against Andal for abduction, multiple murder, robbery, and damage to property, which was endorsed to the DOJ Panel of Investigating Prosecutors.
- November 27, 2009: DOJ Panel Resolution directed filing of an Information for murder against Andal and “John Does,” and issued subpoenas to, among others, Datu Akmad “Tato” Ampatuan, Sr.
- Tato submitted a counter-affidavit claiming alibi—attendance at a medical mission in Mamasapano on November 23, 2009—supported by joint affidavits and photographs.
DOJ Joint Resolution (February 5, 2010)
- The Panel of Prosecutors found probable cause to indict 103 respondents, including Tato, for 57 counts of multiple murder.
- Dispositive portion recommended filing of amended Informations against those respondents.
Secretary of Justice Resolution (April 16, 2010)
- Secretary Alberto C. Agra granted Tato’s petition for review, finding:
• Tato was neither present at or near the crime scene;
• The Dalandag affidavit did not mention his participation in the November 22 planning meeting. - Directed Maguindanao prosecutors to exclude Tato (and another Ampatuan) from the amended Informations.
Supplemental Motion and Reconsideration (May 5, 2010)
- Counsel for the victims submitted a Su