Ampatuan murder raps junked 'in exchange for aid'

MAGUINDANAO gubernatorial bet Esmael Mangudadatu on Monday accused Justice Secretary Alberto Agra of clearing Autonomous Region in Muslim Mindanao (Armm) Governor Zaldy Ampatuan and Akmad Ampatuan in exchange for their assistance in an alleged bid to rig the May 2010 elections.

Mangudadatu, whose wife and sister were among the 57 people killed in the gruesome massacre in November 23, 2009, accused the government of planning to engineer the victory of administration bets in the polls.

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"The Ampatuans are very good in election fraud. Zaldy is actually an expert in that - how to rig election results. I think he will be used for that purpose," Mangudadatu said during a visit at the Department of Justice (DOJ) to meet with state prosecutors upon learning of Agra's resolution.

In his resolution, Agra gave weight on the defense of alibi of Zaldy and Akmad that they were not present during the November 23 carnage and the alleged planning of the ambush on November 22 together with other members of the Ampatuan clan.

Mangudadatu said he received reliable information that a wife of a presidential candidate had visited the detained Ampatuan patriarch, Andal Sr., two weeks ago to ensure the victory for her husband.

"It's A-1 information from my feelers. Asawa yung pumunta sa selda ng matanda," he said.

When pressed to name the candidate, Mangudadatu noted that principal accused, Datu Unsay Mayor Andal Ampatuan Jr., has made known his support to the presidential bid of Senator Manny Villar.

Mangudadatu also said he was dismayed over Agra's dropping of the charges against Zaldy and Akhmad. "Sa maiksing panahon na nandito si Agra nagawa nya iyon. Nakakayanig yung desisyon na ginawa niya."

He likewise expressed apprehensions that the Ampatuans might get back at them even though most of the clan leaders are now behind bars.

Agra's removal from office

But while Agra is busy defending his resolution clearing Zaldy and Akmad, a petition was filed before the Supreme Court seeking his removal from office for holding a concurrent position as acting solicitor general.

A civil complaint is pending before the Manila regional trial court also questioning Agra's dual position.

In the petition filed before the SC, lawyers Dennis Funa and Melanio Elvis Balayan said Agra's dual designation runs counter Article 7, Section 13 of the Constitution, which prohibits dual or multiple positions in the government.

Aside from being unconstitutional, Funa said that under Administrative Code of 1987, the Office of the Solicitor General (OSG) is supposed to be "independent" and "autonomous" from the DOJ.

Petitioners said that since Agra is sitting in the Judicial and Bar Council (JBC) to interview the applicants for the Chief Justice position, an absurd situation has developed wherein the Acting Solicitor General will be interviewing Justices of the Supreme Court before whom he appears and argues as a legal counsel, situation that is deemed highly anomalous and unethical.

"Imagine, the Solicitor General appears and argues before these justices as a lawyer and legal counsel, and now he will be interviewing them as applicants," they said.

Agra, then acting Solicitor General, was appointed to the DOJ post on March 1 after his predecessor Agnes Devanadera resigned from her post as she decided to run for congress in the first district of Quezon province.

Incidentally, Devanadera also held the same posts at the same time prior to her congressional bid.

Funa was the same litigant who had successfully challenged the dual position of Marina Administrator Elena Bautista while concurrently Department of Transportation and Communication Undersecretary. It was also Funa who had Bautista removed as Marina Administrator.

The High Court removed Bautista on the ground that she cannot hold dual posts.

According to Funa and Balayan, the same constitutional provision and principle applies to Agra's case.

For his part, Agra defended his dual position, saying he held these positions only in an acting capacity.

He added the constitutional provision on dual designations in government service applies only to permanent appointments and not those that he currently holds in an acting or temporary capacity, such as his. (JCV/Sunnex)