G.R. No. 200106 . February 22, 2023.
Datu Akmad “Tato” Ampatuan, Sr., Petitioner, vs. Hon. Secretary of Justice, Families of the Murdered Victims, Atty. Concepcion Brizuela y Jaime, Genalin Mangudadatu y Tiamson, Eden Mangudadatu y Gaguil, Farinah Hassan, Surayda Bernan y Gaguil, Mamotabai Mangudadatu, Wahida Kalim y Ali, Rowena Ante y Mangudadatu, Raida Abdul y Sapalon, Farinah Sabdullah y Caguil, Pinky Baylman, Marife Montano y Cardova, Rosell Morales y Vivas, Eugene Demillo y Pamansag, Bienvenido Legarta, Marites Cablitas, Norton Sedick Edza y Ebus, Razul Daud y Bulilo, Andres M. Teodoro, Abdillah Ayada, Wilhem S. Palabrica, Alejandro M. Reblando, John Caniban, Mercy Palabrica, Catalino Oquendo, Jr., Cynthia Oquendo-Ayon, Francisco Ian Subang, Jr., Noel Decena, Anthony A. Ridao, Rahima P. Palawan, Napoleon Salaysay, Eleonor Leah Dalmacio, Meriam Calimbol, Hannibal D. Cacuela, Jephon Cadagdagon, Mac Delbert (Macmac) Areola, Romeo Jimmy “Pal-Ak” Cabillo, Santos “Junpee” Gatchalian, Jr., Arturo Betia, Rey V. Merisco, Joel V. Parcon, Jose “Joy” Duhay, Ronie L. Perante, Rubello R. Bataluna, Bengie H. Adolfo, Henry H. Araneta, Ernesto “Bombo Bart” S. Maravilla, Jr., Jolito Evardo, Daniel Tiamzon, Victor O. Nuñez, Eduardo D. Lechonsito, Cecille Lechonsito, Fernando “Ranny” P. Razon, Lindo Lupogan, and Daryll Vincent Delos Reyes, Respondents.

FACTS

On November 23, 2009, a convoy of about six vehicles was sent by Esmael “Toto” Mangudadatu to file his certificate of candidacy for governor of Maguindanao. The convoy was stopped at a checkpoint in Ampatuan, Maguindanao, by members of the 1508th Provincial Mobile Group. A group of heavily armed men, allegedly led by then Mayor Datu Andal “Unsay” Ampatuan, Jr., arrived, ordered the passengers out, confiscated their belongings, and then drove the vehicles away. Gunfire was later heard. Military and police recovered 57 mutilated corpses from the vehicles, identified as the convoy passengers. Following an investigation, the Department of Justice Panel of Prosecutors issued a Joint Resolution on February 5, 2010, finding probable cause for multiple murder against 103 respondents, including petitioner Datu Akmad “Tato” Ampatuan, Sr. (Tato). Tato filed a Petition for Review before the Secretary of Justice. On April 16, 2010, then Secretary of Justice Alberto C. Agra issued a Resolution modifying the Panel’s resolution and directing the filing of amended informations to the exclusion of Tato, finding the evidence against him insufficient. The families of the victims filed motions for reconsideration. On May 3, 2010, Secretary Agra issued another Resolution reversing his earlier ruling and reinstating Tato as an accused, finding probable cause based on the totality of evidence, including sworn statements and the context of conspiracy. Tato filed a Petition for Certiorari with the Court of Appeals, which was dismissed. The Court of Appeals later denied his motion for reconsideration. Tato then filed the present Petition for Review on Certiorari before the Supreme Court.

ISSUE

Whether the Secretary of Justice committed grave abuse of discretion in finding probable cause to charge petitioner Datu Akmad “Tato” Ampatuan, Sr. with multiple murder.

RULING

No. The Supreme Court denied the petition and affirmed the Court of Appeals’ Decision and Resolution. The Court held that the finding of probable cause in a preliminary investigation is within the sole discretion of the prosecution, and courts should not interfere absent any grave abuse of discretion. A preliminary investigation is not the venue for an exhaustive display of evidence; it merely seeks to determine if there is reasonable ground to believe a crime has been committed and that the accused is probably guilty, to hold them for trial. It does not require proof beyond reasonable doubt. The Court found that Secretary Agra did not commit grave abuse of discretion in his May 3, 2010 Resolution. The determination was based on the totality of evidence, including sworn statements from witnesses like Kenny Dalandag and Esmael Mangudadatu, which, when read together, sufficiently alleged Tato’s participation in a conspiracy to commit the murders. The allegations pointed to a collective effort by the Ampatuan clan to eliminate a political rival, with Tato, as a senior member and incumbent mayor, being reasonably implicated. The Court emphasized that the validity of a preliminary investigation is not affected by the subsequent acquittal of an accused, as the standards for finding probable cause and proving guilt beyond reasonable doubt are distinct.