Agra Kadabra
Justice Secretary Alberto Agra is digging in his heels after he created a political firestorm by inexplicably dropping charges against two suspects in the Maguindanao massacre. The massacre of 58 people in November was so brazen, so brutal, and so shocking; and public reaction was so swift and universal that the Arroyo regime has no choice but to go after the suspects, despite the fact that the Ampatuan clan are Gloria Arroyo’s most loyal and reliable allies.
From the start, there were doubts about how serious the Regime was in going after the Ampatuans. It went out of its way to charge them with rebellion, a crime that they did not commit. It declared martial law and dispensed with the issuance of warrants while it was gathering evidence, laying a legal ground for the courts to rule that the evidence is inadmissible.
In the meantime, witnesses have been systematically intimidated, threatened, and maybe even killed to weaken the case against the Ampatuans.
But it seems that all that groundwork was unnecessary because all the Regime needed to do was install a justice secretary that would simply drop the charges. When I interviewed Agra on the Rundown he said his decision was based on his appreciation of the evidence. He said there was nothing to indicate that Zaldy and Akmad Ampatuan were present during the massacre or were part of the planning. He cited cellphone bills and fight manifests that showed they were not in Maguindanao at the time of the killings. I asked if their absence at the crime scene meant they were not part of the planning. He said he had witnesses that said they were not. But there were also witnesses that claim they were. He said he believed the other witnesses more. What makes it even more unsettling is that Agra can choose at any time to “review” the evidence and order the charges dropped. He can do this any time. Like magic, he can make the case go away. End of story.
Like the killings themselves, Agra’s decision to drop the charges was so brazen that even his own prosecutors had to wash their hands of the decision. I think its impossible that a decision this controversial would be made by Agra on his own but when I asked him if he had “consulted” Malacanang, he said he didn’t. But having observed the Regime for nearly a decade, I know that big decisions like this are not made by an acting secretary on his own. They are made by the President.
April 20th, 2010 10:42
Procedurally, the decision of Agra to drop those charges would still be subject to the Court’s final say on the matter. This is because the case is already pending in court. While the secretary of justice’s determination of probable cause (or lack of it as in this case)is persuasive, it is definitely not binding on the Court. Still it is Judge Solis who would decide whether she will dismiss the cases against these two Ampatuans or not.
Politically, it is clear as day light that Agra’s decision is tainted. But of course he will not admit to having been ordered by the abomination who occupies Malacanan.
Personally, everything is a sarzuela. Like the forthcoming elections, I am looking forward to this matter coming to its natural end.
April 20th, 2010 11:22
I saw that interview. I agree with you on most points. But he is right, the prosecutors can appeal his decision to the CA.
The most telling part of the interview was when the private prosecutor questioned the evidence that was the basis of Agra’s decision. If i can remember correctly, she was talking about the telephone records that were not presented during the preliminary investigation for which Agra is now based his decision to drop the charges. Its clear that Agra was fishing for evidence to justify exoneration o the two ampatuans after finding nothing from the preliminary investigation. He found it in the telephone records, albiet a very weak one. I’ll bet the records suddenly showed up on behest of Agra himself. The new evidence should have never been the basis for dropping charges simply because the prosecutors were not given a chance to check the veracity and question the material facts contained in the telephone records.
I think this is one strong ground to base a disbarment case against Agra.
April 20th, 2010 12:05
How much money did Agra get paid to drop this case?
April 20th, 2010 12:34
rejtatel
I have to disagree with you. The court does not represent the people but the prosecutors. The role of the judge is to treat both sides fairly. If the people say they have no case the judge has no alternative but drop the charges. If Judge Solis refuses, do you think Fortun will just take it sitting down? Of course not, i am sure he will be filing a motion to recuse the judge for bias, or abuse of discretion, etc. Believe me, that last thing that any judge would want is to be accused of bias.
April 20th, 2010 13:01
thank goodness that the cases were already filed. let’s hope the judge doesn’t buckle under pressure from who knows (malacanang, ampatuans)
“Procedurally, the decision of Agra to drop those charges would still be subject to the Court’s final say on the matter. This is because the case is already pending in court. While the secretary of justice’s determination of probable cause (or lack of it as in this case)is persuasive, it is definitely not binding on the Court. Still it is Judge Solis who would decide whether she will dismiss the cases against these two Ampatuans or not.”
April 20th, 2010 13:04
This alone should have behooved Agra to continue with the case. There being witnesses who positively identified the two as being involved in the planning… a finding of probable cause at this stage does not entail a finding beyond reasonable doubt that they indeed were involved. In layman’s terms, probable cause simply means the suspects are more or less guilty of the charges and must face trial.
“I asked if their absence at the crime scene meant they were not part of the planning. He said he had witnesses that said they were not. But there were also witnesses that claim they were. He said he believed the other witnesses more.”
April 20th, 2010 15:26
…and the moro-moro continues ad infinitum.
April 20th, 2010 16:07
Right on the button, Ricky…That decision of Agra was made by the President. Period.
April 20th, 2010 16:18
Gloria is so slimy and slippery it can slither through all the cracks and loopholes in the law. Much like a termite endlessly tearing whole institutions down to the ground.
Halatang halata. Public opinion? Public backlash? The hell this woman cares. She is a woman clutching at straws..desperately trying to keep her head above water as the tide threatens to engulf her and her ilk. And the Ampatuans can destroy her if she doesn’t save them.
April 20th, 2010 16:23
Justice Secretary, just like any other cabinet secretary, is an alter-ego of the President. This is the most basic principle in political law, the doctrine of qualified political agency.
The president can review, revise and over turn the acts of his/her cabinet.
So it is not true that the President has nothing to do with this.
April 20th, 2010 18:10
I’m confused about a few things.
1. Does the Secretary actually have the legal authority to dismiss the case? As I understand it, he can decide whether or not to submit a case for trial, but once it is in the hands of the court, the Secretary has no more authority.
2. If the case is already in the hands of Judge Solis, why does anyone need to file an appeal before the CA? I would agree that an appeal should be filed if the judge dismisses the case, but not now.
3. Does the Secretary have the authority to order the judge to dismiss the case? I’m sure it is done every day, but I wonder if it is legal to do so.
Ricky, I would love to hear a comment from Judge Solis on this. If the situation really rests in her hands, she will quickly become the fall guy if she complies with the Agra’s “order”.
April 20th, 2010 18:57
“In the meantime, witnesses have been systematically intimidated, threatened, and maybe even killed to weaken the case against the Ampatuans.”
If you need to know, last week a close relative of one of the witness, Sangki, was shot and killed on a crowded street here in Cotabato City. Up to now, no witness have presented themselves.
And probably there will be more…
April 20th, 2010 20:26
i only have 1 word for agra – K-A-R-M-A
April 20th, 2010 22:14
michael,
here’s my understanding of the philippine jurispudence.
The secretary is not dismissing the case but dropping the charges. Yes, only the judge can dismiss the case.
What is going to be appealed is the resolution or the decision of Agra to drop the charges. Because the decision is a question of law and not fact it has to be decided by the CA. If the CA finds Agra’s decision without legal basis then the cases will go on.
The role of the trial court is as trier of facts. A dispute over legal interpretation or question of law in the trial court is subject to appeal to the CA. Because the decision of Agra is based on question of law Judge Solis has no jurisdiction over it. Yes, its possible that Judge Solis can hear whether Agra’s decision was legal. But her decision is not final and will eventually be appealed to the CA.
I am not sure if the case has entered the hearing or the trial phase. Perhaps the cases are still on what we call in the US as “discovery phase of the trial”.
EVen if the cases have been filed and at the trial stage the judge has really have no choice but to dismiss them. A judge is overreaching her/his power if a court decision is to be viewed as acting on behalf of the prosecutor. The role of the judge is not to find justice for the victims but to conduct fair trial and decide on the presented facts. That job is for the state prosecutors. If the state prosecutors say they have no case, the judge just simply cannot order the prosecutor to go on with the case to satisfy public demand. Its like telling the prosecutor how to do their job. That’s not the way the justice system works.
April 20th, 2010 22:49
Was shocked to learn that he is a product of the Ateneo Law School. Shame. Shame. Shame. What a disgrace to the legal profession. What an embarrassment to his wife and kids. What a great dishonor to his parents and ancestors.
April 21st, 2010 00:07
GMAwas”fuming” mad when shec alled Acting Sec, A Agra of DOJ. GMA was mad because the resolution was too “simplistic” and opened itself to many INTERPRETATION and QUESTIONS!
And because of the GROWING NEGATIVE PUBLIC reaction, GMA have to express disappointment in the acting Secretary of Justice.
To show her DISPLEASURE on the action and resolution of the acting Secretary, GMA told Acting Secretary ALBERTO AGRA that she will RELIEVE Acting Secretary Agra as Secretary of Justice! Instead…
GMA will TRANSFER him to the SANDIGANBAYAN as Presiding Justice and later on…as Associate Justice of the Supreme Court!
This is how “MAD” GMA is on the action and resolution of Acting Secretary Alberto Agra on the Maguindanao/Ampatuan Massacre/Murder case!!!
April 21st, 2010 00:36
Agra is mentally challenged.
April 21st, 2010 01:39
Agra is managing the Department Store of Justice. Justice for sale.
April 21st, 2010 02:40
coyote:
I respect your opinion.
But as I have said, procedurally it is the judge who decides ultimately on whether to agree or not with Agra’s findings.
In the 1987 case of Crespo v. Mogul, this is what the Supreme Court said:
“The rule therefore in this jurisdiction is that once a complaint or information is filed in Court any disposition of the case as its dismissal or the conviction or acquittal of the accused rests in the sound discretion of the Court. Although the fiscal retains the direction and control of the prosecution of criminal cases even while the case is already in Court he cannot impose his opinion on the trial court. The Court is the best and sole judge on what to do with the case before it. The determination of the case is within its exclusive jurisdiction and competence. A motion to dismiss the case filed by the fiscal should be addressed to the Court who has the option to grant or deny the same. It does not matter if this is done before or after the arraignment of the accused or that the motion was filed after a reinvestigation or upon instructions of the Secretary of Justice who reviewed the records of the investigation.
In order therefor to avoid such a situation whereby the opinion of the Secretary of Justice who reviewed the action of the fiscal may be disregarded by the trial court, the Secretary of Justice should, as far as practicable, refrain from entertaining a petition for review or appeal from the action of the fiscal, when the complaint or information has already been filed in Court. The matter should be left entirely for the determination of the Court.”
April 21st, 2010 02:50
Michael:
Your questions were previously answered by the Philippine Supreme Court in a 1987 case.
You can read Crespo v. Mogul, citation is G.R. No. L-53373 June 30, 1987 (that’s Philippine Supreme Court Decision) for your enlightenment.
Just a trivia, Mario Crespo (the accused in that case) is former congressman Mark Jimenez.
April 21st, 2010 08:15
And now this! The ampatuans are endorsing Noynoy!!!
This will totally, 100%, absolutely ERASE ANY DOUBTS THAT VILLAR IS THE TRUE CANDIDATE OF GLORIA ARROYO!!! GO FIGURE.
April 21st, 2010 08:58
As stated in your previous blog the Ampatuans will be free as if nothing happens. Your lawyer friend is right!
But I can’t believe that they will free the Ampatuans so quickly. Are they desperate that the VillaRoyos will use the Ampatuans again to win the election?
Shame shame shame…..
April 21st, 2010 09:04
To have Agra’s Review questioned in court right now as being gravely abusive of his discretion amounting to a lack or excess of his jurisdiction (pardon the lawyer-speak) is going to be an exercise in futility, not because of merit, but because in serious cases like the Ampatuans, the review process for Resolutions of the Office of the State Prosecutor does not end with Agra. It ends with the President.
Why not let the President decide? My guess is if it plays out that way, it is not this sitting President who will have the final, final say. A timely-filed Motion for Reconsideration of the review of the Office of the President will definitely reach her successor.
So why go through all this drama? Perhaps it is the point of some people to move the trial through the court of public opinion. If so, that is a shame. Perhaps some people advise that for every legal adversity/misstep the only recourse is to enter mass hysteria.
The law provides that it is immaterial if even the Secretary of Justice determines that the State should not prosecute, for as long as the case is now in court, it is now up to the court to determine guilt.
On that note, it is interesting to note the personalities in Crespo v. Mogul as well as the milieu in which It was decided. While as pointed out, that Mario Crespo turned out to be Mark Jimenez, the Undersecretary of Justice whose decision was overturned was Catalino Macaraig, who served in Cory Aquino’s cabinet as Executive Secretary. It was decided at a point in time where the judiciary was reasserting itself as the sole arbiter of justice.
April 21st, 2010 09:07
Dirk Pitt,
Imagine Andal Ampatuan—a prime suspect in a mass murder– being allowed to hold a press conference! That’sobviously special treatment by the government.And then Ampatuan being allowed to “endorse” the opposiiton candidate? Contrast that with how they treat Ariel Querubin and Danny Lim, and you’ll see its a farce.
April 21st, 2010 12:08
Ricky,
I agree. I’m never shocked by things I see here, but I was definitely amazed when I saw Andal Ampatuan being let out to hold a press conference. Someone in authority went to the trouble of setting up a table, with a backdrop, and I assume even chairs for the press.
Ampatuan was even wearing a yellow T-shirt.
This is a story worth looking into. Did he himself ask to hold the presscon, or was it directed by someone? Is that something that any prisoner can do? Who paid for the whole thing? (the setup, the guards, etc.)
Can I assume there were also snacks for the attendees?
Is there a worse “kiss of death” than a link to GMA? How about an indorsement by a mass murderer? How convenient.
April 21st, 2010 12:14
@ricky
did ABS-CBN question the news/press conference?
April 21st, 2010 15:19
i don’t understand that legalities of this, but in my own point of view, i think the govt is hastening the “acquittal” of these mass murderers because if they don’t acquit them immediately and a new govt will be installed come june, these mass murderers might expose their ties with GMA… obviously there’s a secret deal here somewhere…
the orange candidate is so desperate to result to asking the ampatuans to “endorse” the yellow candidate… someone pls ask alan cayetano and gilbert remulla about this… lame tactic!
April 21st, 2010 15:50
swift and timely… considering the coming elections.
April 21st, 2010 16:01
hindi naman masyado halata: sayang din naman sure votes fr down-south
.
April 21st, 2010 16:14
i heard that Ampatuan will be free and nothing will happen to their case last January. I didn’t believe my friend. But now it is shaping up.
April 21st, 2010 16:58
another circustry and magic of the little girl in the palace….
April 21st, 2010 22:28
Just like what Maria Isabel Lopez said of Stella Araneta–
I will pray for AGRA’s early demise.
May he rest in Peace!
April 21st, 2010 22:54
. . . now that i’ve the time to really look at it . . . wow, that sure looked like some mÜgshot. with what he did — may i add: aptly so.
April 21st, 2010 23:22
. . . or smÜgshot?
April 22nd, 2010 00:19
GabbyD, You’re trying to make this about ABS-CBN? i think its about the Arroyo regime and the jail management.
April 22nd, 2010 03:04
@ricky
no. i’m just wondering whether or not the abs reporter (or any journalist in that presscon) questioned the fact that a prisoner was allowed such a privilege, since the fact that he had a presscon was on the face of it so weird…
i thought at least a few curious people would ask : “how can you have a press con in the first place?”
its one of the obvious questions to ask, dont you think?
and i thought, if a few curious people asked, they’d get answers. or did they ignore that question?
since u work there as a journalist, i’m sure u’d know the inside story.
April 22nd, 2010 08:23
I think the fact has it became an issue means at least one journalist asked that question.
April 22nd, 2010 09:06
@ricky
thanks 4 d reply. true, it was asked eventually…
but since NONE of the papers/TV shows LEAD with the news story that the prescon was strange, unprecedented (at the very least), it makes me wonder if it was one of the first questions asked…
correct me if i’m wrong, but the post-presscon headline sequence was:
1) he supports villar
2) changed his mind, supports aquino, thinks agra did nothing wrong
3) presscon questioned…
the order of the headlines gives you an idea of the editorial priorities of media — clearly they value the presscon statements highly, and they question the manner it was obtained later (a day later?).
i know journalists like presscons, coz they get to ask ampatuan questions. so they may have been too excited(?) to question the very fact that there was a presscon.
so i was just wondering, was the attitude: ask ampatuan questions now. question the prescon later, after the prescon?
thanks. the academic subject of media criticism is very interesting to me. if u wanted to discuss that a bit, that would be great. (obviously, if u didnt want to, thats fine too). i like reading the news, wondering why some papers/TV shows/cable channels highlight some points, not others… very interesting stuff!
April 22nd, 2010 09:22
I wasn’t there but I would tend to agree with you that the priority was to question Ampatuan before questioning why he was allowed to hold a press conference in the first place. Whether the question about the press con came one hour later or five minutes later, I don’t know.
April 22nd, 2010 09:56
Swift justice in a country known for its turtle-paced one? Too swift. Too garapal. Too much a slap on our faces. Again.
Gloria is testing us again.. and again.. and again.
April 22nd, 2010 10:12
Agra’s brand of justice is injustice.
Injustice should be rectified and the perpetrator punished. Agra is the perpetrator.
Therefore, he should be punished. And punishment should be just as swift as his brand of injustice.
April 22nd, 2010 10:32
This is too much already. I am tempted to ask “God, it’s been like this for almost a decade. Where are you? Are you asleep?”
But I know the religiously-inclined will retort:
1. “It is the will of God.”
2. “God’s ways are beyond human comprehension.”
3. “Suffering and sacrifice is good for the soul. It purifies us.”
4. “God helps those who help themselves.”
5. “Gloria is our karma.”
April 22nd, 2010 11:52
Sorry to say but, in my opinion, this whole case has become one big circus with AMP Jr. in center ring! Seems from the start, the Government has done everything possible to ensure minimal damage to the Ampatuan’s. The DOJ’s latest ruling takes the freaking cake! Seems to me, this has only one conclusion. Amp Jr. will at some point be shot will attempting to escape, escape and then shot at his hide-out or escape and found dead in field… He’s too exposed to be allowed to live (in the eyes of those who want this covered up) and way too immature to keep quiet during his time in jail. In other words, the longer he stays in jail, the more upset he will become and more prone to spilling the beans. So, he escapes, he dies. The rest of the family, who are now (so far) off the hook, can resume doing whatever it is they do…
ONE BIG JOKE played on the people of the Philippines!
April 23rd, 2010 00:27
what if these two ampatuans has two or three cellphones? (which is very common with pinoys, most especiall the trapos) one not used to call his co-conspirators and presented to agra and the other one which by the way, may not be registered under his name but used to contact, coordinate and monitor the perpetuation of the crime but not presented during the investigations by the prosecutors……agra’s argument is indeed full of bs…….he doesn’t deserve to receive not even a single centavo from people’s tax money for his salary…….
April 23rd, 2010 02:55
Your report is 100% on target, Mr. Carandang. Question here is what is the follow-up? It is like people are allowing these things to happen. Unlike in countries like Thailand, where people want to see the government accountable for injustice.
April 24th, 2010 02:13
Agra looks like he is one of the massacre suspects…Good Mug Shot…
April 25th, 2010 04:03
Dirk Pitt,
The pHilippines politics has always been a dirty arena; killings, false accusations and rumors!! The Ampatuans’ endorsing Noynoy is a big bluff created by the administration to discredit Aquino candidacy (he leads the poll survey) and a strategic element to promote Villar. By linking Noynoy with the Ampatuans’, (the most hated people in the country at the moment) the administration is trying to get rid of Villars’ strongest opponent; this rumor is to sink Noynoy Aquino! Get it?
April 25th, 2010 04:12
Phil Cruz,
I know how “apathic” the Filipinos could be, and religious beliefs are not helping neither! Needless to say, the abuse is far way too much to bear and we do not know where is the limits for Gloria; she committed to much of evil and we answer back with our “apathy”, another form of evil! Evil for evil!
May 5th, 2010 18:45
Now he takes back his decision… They are taking us for fools.
subok subok kung makalusot, kung may umangal atras.
what is this? im amazed how we allowed this regime to last. damn us all
please vote wisely. if its a choice between who si the lesser evil… do not vote at all
come on! lito lapid? if there is one good thing in Philippine politics it is so easy to spot the obvious
No gray areas please… just black and white.