REPUBLIC OF THE PHILIPPINES

Regional Trial Court

National Capital Judicial Region
Branch 77
Quezon City

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus- Crim. Case No. Q-10-162667

For: REBELLION

DATU ANDAL AMPATUAN, SR.,

ET. AL.,
Accused.
x-----------------------x

MOTION FOR RECONSIDERATION

THE PEOPLE OF THE PHILIPPINES, through the undersigned

State Prosecutors, unto this Honorable Court respectfully move
for reconsideration of its following orders:

COURT ORDER DATED MARCH 24, 2010

(Received on March 29, 2010)

On February 19, 2010, the prosecution filed a

motion to inhibit the Honorable Presiding Judge
due to manifest partiality against the People of
the Philippines. He is perceived to have prejudged
the rebellion case. He also failed to observe the
procedure when he allowed the defense to
participate in the determination of probable
cause, to cross-examine prosecution witnesses
and adduce evidence. It is the position of the
prosecution that it is a matter for the presiding
judge and the prosecutors. The defense has no
role at that stage of the proceedings although it is
their motion that is being heard. In an order
dated March 9, 2010, Judge Baclig denied the
 2

motion to inhibit. The prosecution filed a motion

for reconsideration on March 15, 2010. In an
order dated March 24, 2010, the Honorable
Presiding Judge denied the motion for
reconsideration which was received by the
prosecution on March 29, 2010. The prosecution
has fifteen (15) days from receipt or until April
13, 2010 to file a motion for reconsideration.

II

COURT ORDER DATED MARCH 26, 2010

(Received on March 29, 2010)

In an order dated March 16, 2010, the Honorable

Presiding Judge admitted all exhibits formally
offered by the prosecution to establish show
probable cause. In a separate order issued on
same date, the Honorable Presiding Judge
“conditionally admitted” Exhibits “1” up to “11”
(except Exhibit “9-C”) for the accused over the
objection of the prosecution invoking Rule 112,
Section 5 (a) of the Rules of Court.

In an order dated March 26, 2010, (amended on

March 29, 2010) the Honorable Presiding Judge
dismissed the rebellion charge on the ground of
absence of probable cause to indict and detain all
of the accused. He ordered the release of
accused-movants unless they are being held by a
court of law for other lawful causes. The order
was received by the prosecution on March 29,
2010 giving the prosecution until April 13, 2010
to file a motion for reconsideration.

ANTECEDENT FACTS

In the aftermath of the November 23, 2009 murders of fifty-

seven (57) people in Ampatuan municipality, Maguindanao, the
police regional command in Maguindanao through its senior
officers reported the closure and abandonment of local
government offices including the courts and prosecutors’ offices.
The taking up of arms, abandonment and closure of local
government offices, the courts and the prosecutors’ offices and
 3

the massing of the Ampatuans’ private armies in the rural areas

of Maguindanao showed the withdrawal of allegiance to the
government by the political allies and supporters of the
Ampatuans. These events compelled President Gloria Macapagal
Arroyo to issue Presidential Proclamation 1959 on December 4,
2009 declaring martial law and suspending the privilege of the
writ of habeas corpus in the province of Maguindanao.

On December 5, 2009, Lt. Gen. Raymundo B. Ferrer, AFP,

Eastern Mindanao Command, pursuant to Presidential
Proclamation 1959 issued mission orders to the commanders of
the 6th Infantry Division, Philippine Army, 601st Infantry Brigade,
46th Infantry Batallion of the Armed Forces of the Philippines
(AFP), the Philippine National Police (PNP), the National Bureau
of Investigation (NBI), the Criminal Investigation and Detection
Group (CIDG) and other law enforcement agencies to arrest,
investigate and prosecute the suspected rebel leaders and their
followers identified by PNP intelligence units. The AFP, PNP, NBI,
CIDG and other law enforcers were directed to observe the
human rights of the suspected leaders and their followers as
provided for under the Constitution and penal laws. Lt. Gen.
Ferrer also ordered the search of the houses and ranches of the
Ampatuans and seizure of firearms and ammunitions in their
possession and control.

On December 7, 2009 the PNP-CIDG and NBI charged

Andal Ampatuan, Sr., Zaldy Ampatuan, Akmad Tato Ampatuan,
Anwar Ampatuan and Sajid Islam Uy Ampatuan as leaders of the
rebellion. Their rebel followers who were arrested and charged
are members of the Ampatuans’ Civilian Volunteer Organizations
(CVOs), namely: Kusain Akmad Sakilan, Jovel Vista Lopez,
Rommy Gimba Mamay, Sammy Duyo Villanueva, Ibrahim Tukya
Abdulkadir, Samil Manalao Mindo, Goldo B. Ampatuan,
Amaikugao Obab Dalgan, Billy Cabaya Gabriel, Jr., Abdulla
Kaliangat Ampatuan, Moneb Smair Ibrahim, Umpa Ugka Yarya,
Manding Abdulkadir, Dekay Idra Ulama, Kapid Gabriel Cabaya,
Koka Batong Managilid, Sammy Gnada Macabuat, Duca
Lendungan Amban, and Akmad Abdullah Ulilisen. Thus, accused
were charged in an Information filed with the Regional Trial
Court, Cotabato City on December 9, 2009.

On January 12, 2010 the Supreme Court granted the

request of Justice Secretary Agnes VST Devanadera and
transferred the venue of trial from Cotabato City to Quezon City
to forestall a miscarriage of justice. The case was subsequently
raffled to the Honorable Court on February 2, 2010. On February
5, 2009, Judge Baclig heard the urgent motion of Andal
Ampatuan, Sr. and the other accused Ampatuans for the
 4

deferment of the transfer of their custody to Manila. Defense

counsel contends that the motion for judicial determination of
probable cause should be resolved prior to accused’s transfer of
detention to Quezon City. The prosecution moved for a resetting
to February 12, 2010 to be able to prepare for trial which the
Honorable Presiding Judge denied. The Honorable Presiding
Judge ordered the hearing for the determination of probable
cause on February 9, 2010 as previously scheduled by Judge
Milanio Guerrero of the Cotabato City RTC.

Consequently, the prosecution presented Police Supt.

Roberto T. Badian as its first witness to establish probable cause.
P/Supt. Badian testified that he was designated Chief, Regional
Investigation and Detective Management Division (RIDMD) of the
Police Regional Office Autonomous Region of Muslim Mindanao
(PRO ARMM). On December 1, 2009, he personally supervised
ground operations in relation to the November 23, 2009
massacre of fifty-seven (57) individuals in Ampatuan,
Maguindanao. While traversing the Cotabato-General Santos
Highway, he observed that the municipalities of Datu Anggal
Midtimbang, Talayan, Guindolongan, Datu Saudi Ampatuan,
Datu Unsay and Shariff Aguak were closed. He was instructed by
the OIC, RD PRO ARMM to document the padlocked
municipalities of Datu Unsay, Shariff Aguak and Ampatuan, and
the provincial capitol of Maguindanao in coordination with the
AFP troops in the area. At around 11 a.m. of the same date, he
took pictures of the padlocked municipalities and the provincial
capitol. None of the elected officials and employees in the area
rendered services to their constituents. Supt. Badian presented
photographs 1 taken at that time.

Dante Dingcong in his sworn statement dated December 6,

2009, declared that he was tasked to obtain the death certificates
of the victims of the Ampatuan, Maguindanao massacre. Thus,
on November 27, 2009 and December 2, 2009, he went to the
Local Civil Registrar of the Ampatuan municipality but was
unable to apply and file the requirements for the issuance of
death certificates of the victims of the Ampatuan massacre
because the government offices in the municipal hall of
Ampatuan, Maguindanao, were ordered closed by Datu Andal
Ampatuan, Sr. and ARMM Governor Zaldy Ampatuan who
enjoined the people to rally behind them. Dingcong avers that he
saw armed men of the Ampatuans positioned in the different
areas of Barangay Poblacion, Ampatuan, Maguindanao, to fight
government forces. The truth and veracity of Dingcong’s sworn

1 Exhibits “A” to “G” with submarkings

 5

statement 2 was admitted by the accused through counsel in open

court 3.

The veracity of the sworn statements of prosecution

witnesses Nasser Abdul and Haical Mangacop were admitted by
the defense as regards their existence, due execution, truth and
veracity 4. Consequently, their testimonies in open court were
dispensed with upon accused’s insistence.

Nasser Abdul y Usman, a collector/dispatcher at the

terminal of Shariff Aguak, Maguindanao, declared that on
November 28, 2009, there was a gathering at the mansion of
Datu Andal Ampatuan, Sr. in Shariff Aguak, Maguindanao,
where he was paid PhP1,000.00 by Moner Asim, a relative of the
Ampatuans, to give support to the clan and show the government
the Ampatuans have nothing to do with the death of 57 persons.
Present at the meeting presided by Datu Andal Ampatuan, Sr.
were his children, grandchildren, nephew, close relatives and
friends including Datu Zaldy Ampatuan, Jr., Datu Anwar
Ampatuan, Datu Antao Midtimbang, Datu Umbra Sinsuat, Jack
Ampatuan, Tong Paglas, Zainodin Abutasin, Shamron Shaidi
Ampatuan, Alex Tumawis, Moner Asim, Sr., Haj. Akmad
Ampatuan, and Engineer Nurie Unas. He heard Datu Andal
Ampatuan, Sr. declare that there will be bloodshed. They will
fight and rise in arms the moment the government tries to
forcibly take them in. The relatives, friends and supporters of the
Ampatuans agreed with Datu Andal, Sr. who ordered his private
armies consisting of Civilian Volunteer Organizations (CVOs) and
Civilian Auxiliary Force Geographical Units (CAFGUs) to be
prepared. Nasser Abdul said he is not afraid to bring the matter
to the attention of the government out of pity for the innocent
victims. The veracity of his sworn statement was admitted by
accused through counsel5, was marked in evidence 6 and
admitted by the court.

Haical Mangacop y Buisan, a resident of Shariff Aguak,

Maguindanao, declared in his sworn statement that on November
28, 2009, he was among those who served food in a gathering of
relatives, friends and supporters of Datu Andal Ampatuan, Sr.
He saw the children of Datu Andal, Sr., namely: Mayor Anwar
Ampatuan of Shariff Aguak, Shyde Ampatuan and Aloha

2 Exhibits ‘H” to “H-1”

3 February 9, 2010 TSN, pp. 54 and 55
4 Ibid, pp. 64 and 64
5 Ibid
6 Exhibit “I”
 6

Ampatuan; the in laws Bong Ampatuan wife of Gov. Zaldy

Ampatuan, Mayor Yacob Ampatuan @ “Jack” of Rajah Buayan,
and Moner Asim, Sr.; grandsons Datu Ulo Ampatuan, Mayor
Bahnarin Ampatuan and Ipi Ampatuan; and nephew Vice-Mayor
Kanor Ampatuan. Also present were Datu Antao Midtimbang,
Datu Ali Midtimbang, Mayor Umbra Sinsuat of Datu Odin
Sinsuat, Mayor Alex Tumawis, Engineer Nurie Unas and
Barangay Chairman Orly Utto of Barangay Mileb, Rajah Buayan.
During the gathering, he heard Datu Andal, Sr. tell his relatives,
friends and supporters that they will fight back and rebel if the
government will try to forcibly take them. Andal Ampatuan, Sr.
also ordered his private army to be ready. The relatives, friends
and supporters of Andal Sr. agreed with him.

The veracity of Haical Mangacop’s sworn statement was

admitted by accused through counsel 7, marked and admitted in
evidence 8.

On February 12, 2010, the prosecution presented Lt.

General Raymundo Ferrer, AFP, Commander, Eastern Mindanao
Command as its next witness. His testimony was continued on
February 16, 2010 but was deferred upon motion of defense
counsels requesting they be furnished with copies of documents
subject of his testimony.

In his testimony and affidavit, which was ordered to be

prepared and submitted by this Honorable Court and was
marked and admitted in evidence 9, Lt. Gen. Ferrer declared that
he is the Commander of the AFP Eastern Mindanao Command
(EASTMINCOM) which has jurisdiction over Davao Provinces,
SOCSARGEN, CARAGA, Northern Mindanao, including the
province of Maguindanao and Cotabato City. As such, he is in
charge of the operations and management of all AFP units within
his area of responsibility. He avers that on November 23, 2009, a
convoy of eight (8) vehicles from Buluan, Maguindanao, with
some fifty-seven (57) persons composed mostly of family
members and supporters of Buluan Vice-Mayor Esmail “Toto”
Mangudadatu, as well as members of the media were flagged
down in Brgy. Masalay, Ampatuan, Maguindanao, and abducted
by about one hundred (100) armed men of Mayor Datu Andal
Ampatuan, Jr. a.k.a. Datu Unsay, and Police Chief Inspector
Zukarno Adil Dicay, OIC of the Shariff Aguak PNP and
concurrent Deputy Provincial Director of the Maguindanao Police
Provincial Office, among others. The passengers of the convoy
7 Ibid
8 Exhibit “J”
9 Exhibit “P”
 7

were killed and their bodies – some bearing marks of despicable

torture, contempt and outrageous torment – found in shallow
“mass graves” in Sitio Masalay, Brgy. Salman, Ampatuan.

This unspeakable massacre of innocent people in

Maguindanao resulted in indignation and public outcry for
justice, and posed a challenge to the government and the rule of
law. Thus, a Crisis Management Committee headed by
Presidential Adviser for Mindanao, Secretary Jesus Dureza, Lt.
Gen. Raymundo Ferrer, AFP and Police Director Felizardo
Serapio as members, was convened.

At the committee meeting, they received verified reports that

members of CVOs, Police Auxiliary Units (PAUs) and Special
CAFGU Active Auxiliary (SCAA) who were involved in the
massacre were no longer under the control of the chain of
command and that their loyalty to authorized law enforcement
agencies has become suspect. As a matter of fact, Lt. Gen. Ferrer
declared that when the Philippine Army’s first responders
investigated the massacre reports, the Assistant Provincial
Director of Maguindanao P/Chief Inspector Zukarno Adil Dicay
and P/Supt. Abusama Maguid, who flagged down the ill-fated
convoy, repeatedly denied any untoward incident. It was later
determined that Dicay and the police units in the area were
directly involved in the abduction. Thus, the Crisis Management
Committee formed a Joint Security Coordinating Center (JSCC)
at the 601st Infantry Brigade (601IBde) at Tacurong City to
coordinate the investigation, determine the extent of the atrocity,
and the political and security implications of the incident.
Thereafter, the Committee through the JSCC received reports of
the massing of CVOs and PAUs under the control of the
Ampatuan clan in Shariff Aguak. Upon receiving the information
regarding the massing of armed troops, they verified the same
through actual interviews of informants and civilians fleeing the
area. The information was further validated by aerial and ground
reconnaissance some of which Lt. Gen. Ferrer personally
undertook.

As an immediate response to suppress lawlessness, the

President issued Proclamation No. 1946 on November 25, 2009,
declaring a state of emergency in the provinces of Maguindanao
and Sultan Kudarat, and the City of Cotabato, calling out the
AFP to assist in the restoration and maintenance of peace and
order in the affected areas. Accordingly, all law enforcement
agencies were mobilized for the expeditious investigation,
apprehension and prosecution of the lawless elements involved in
the gruesome massacre.
 8

The following day, the PNP Chief ordered the suspension of

all permits to carry firearms outside of residence (PTCFOR) and
suspension of all firearms licenses as part of its effort to restore
order in Maguindanao. While SCAA members surrendered their
issued firearms to the AFP issuing units, the police auxiliary
members under the Ampatuans refused to comply therewith. For
his part, Lt. Gen. Ferrer recalled all mission orders issued to
civilians, the apprehension of civilians wearing PNP or AFP
uniforms or using fake police or military vehicles, the immediate
pull out of all detailed AFP/PNP personnel assigned with the
warring factions and inventory of all CAAs, SCAAs, CVOs and
Private Armed Groups (PAGs).

As a result, several witnesses came forward and positively

identified Mayor Datu Unsay Andal Ampatuan, Jr. a.k.a. Datu
Unsay, as the leader of more or less one hundred (100) armed
men who carried out the ruthless carnage. Accordingly,
government authorities took Mayor Andal Ampatuan, Jr. into
their custody on November 26, 2009, and criminal charges for
multiple murder were eventually filed against him by the
Department of Justice (DOJ) before the proper court.

According to Lt. Gen. Ferrer, the capture of Mayor Andal

Ampatuan, Jr. should have resulted in the expeditious
apprehension and prosecution of all others involved in the
gruesome massacre, but the Ampatuans, backed by a formidable
group of armed followers, used arms, influence and political
position to deprive the Chief Executive of her power to enforce
the law and to maintain public order and safety. Significantly, a
separatist group based in Maguindanao has also joined forces
with the Ampatuans for this purpose. Thereafter, the following
transpired:

i. Local government offices in the province of Maguindanao

were closed and ranking local government officials
refused to discharge their functions, which hindered the
investigation and prosecution team from performing its
tasks10;

ii. The Local Civil Registrar of Ampatuan refused to accept

the registration of the death certificates of the victims
purportedly upon the orders of Andal Ampatuan, Sr. 11;
and

10 Annex “A”, Exhibits A-A-2, B-B-3, C-C-2, D-D-2, E-E-2, F-F-2 and G
11 Annex “B”, Exhibit H-H-1, Affidavit of P/Supt. Roberto Torres Badian
 9

iii. The local judicial system was crippled by the absence or

non-appearance of judges of local courts, thereby
depriving the government of legal remedies in their
prosecutorial responsibilities (e.g., issuance of warrants
of searches, seizure and arrest). While the Supreme
Court has designated an Acting Presiding Judge from
another province, the normal judicial proceedings could
not be carried out in view of threats to their lives or
safety, prompting government to seek a change of venue
of the criminal cases after informations have been filed 12.

On November 26, 2009, the CVO detachment in Brgy. Meta,

Datu Unsay town was attacked and burned by CVOs loyal to the
Ampatuans. These CVOs under the local chief executive of the
Datu Unsay municipality refused to be disarmed despite
announcements made by the JSCC.

At around 11:45 a.m. on said day, the two UH-1H

Helicopters ferrying Sec. Dureza and party to General Santos City
encountered ground fire from the west side of the Ampatuan
mansion in Shariff Aguak. At 3:30 p.m. later that same day, two
(2) MG520 helicopter gunships from Cotabato City to General
Santos City were fired upon while flying over Shariff Aguak.

Lt. Gen. Ferrer maintains that verified information disclosed

that the Ampatuans are behind the closing down of government
offices, the refusal of local officials to discharge their functions,
and the simultaneous absence or non-appearance of judges in
local courts.

On November 27, 2009, a gathering of the Ampatuan clan

elders, political allies and supporters was held where it was
decided that all firearms used in the massacre should be kept
and buried, arrest of Ampatuan clan members/leaders shall be
resisted, loyal PAGs/CVOs shall mass up at strategic locations to
protect the clan from arrest, Ampatuan female family members
and children shall be sent to Manila, the continuous closure of
all government facilities, assemblies and rallies shall be
organized, these same rallies shall be bombed and the blame be
put on the Mangudadatus, and everyone shall render mutual
support to resist all government actions against them.

12 Annex “C” 2nd Indorsement of Deputy Court Administrator Nimfa C. Vilches dated
January 18, 2010; C-1, 1st Indorsement of Secretary Agnes VST Devanadera dated
January 14, 2010; C-2, Resolution of Supreme Court in A.M. No. 10-1-06-RTC Re:
Petition for Change of Trial Venue of Criminal Case No. SA-198, granting the request
of Secretary Agnes VST Devanadera; and C-3, 1st Indorsement of Secretary Agnes VST
Devanadera dated January 14, 2010 indorsing the letter of PNP IG requesting action
on the inability of the courts in Region 12 and Cotabato City to issue search warrants
 10

Lt. Gen. Ferrer further states that detailed accounts

pertaining to the rebel armed groups and their active movements
in Maguindanao were confirmed, specifically:

i. As of November 29, 2009, it was estimated that there

were about 2,413 armed combatants coming from the
municipalities of Shariff Aguak, Datu Unsay, Datu
Salibo, Mamasapano, Datu Saudi Ampatuan
(Dikalungan), Sultan Sa Barungis, Datu Piang,
Guindulungan, and Talayan, who were in possession of
around 2,000 firearms/armaments.

ii. The Ampatuans have consolidated a group of rebels

consisting of 2,413 heavily armed men, with 1,160 of
them strategically deployed in Maguindanao. Validated
information on the deployment of rebels are as follows:

 Around five hundred (500) armed rebels with two (2)

“Sanguko” armored vehicles are in offensive position
in the vicinity of Kakal, Ampatuan, Dimampao,
Mamasapano and Sampao Ampatuan.

 A group with more or less two hundred (200) armed

rebels has moved from Old Maganoy into an
offensive position.

 More or less eighty (80) fully armed rebels remain in

Tuka, Mamasapano.

 More or less fifty (50) fully armed rebels led by a

former MNLF Commander are in offensive position
in Barangay Baital, Rajah Buayan.

 More or less seventy (70) fully armed rebels with two

(2) M60 LMGs remain in offensive position in the
vicinity of Barangay Kagwaran, Barangay
Iginampong, Datu Unsay (right side of Salvo-
General Santos City national highway).

 More or less sixty (60) fully armed rebels with four

(4) M60 LMGs remain in offensive position in the
vicinity of Kinugitan, the upper portion of Barangay
Maitumaig, Datu Unsay.

 Kagui Akmad Ampatuan was sighted in Sultan Sa

Barongis with four hundred (400) armed rebels;
 11

locals heard him utter, “PATAYAN NA KUNG

PATAYAN.”

 More or less one hundred (100) armed rebels led by

one of the identified leaders in the massacre have
been sighted at the quarry of Barangay Lagpan,
boundary of Rajah Buayan and Sultan Sa Barongis;
the group is armed with one (1) 90RR, one (1) cal.
50 LMG, two (2) cal. 30 LMGs, two (2) 60 mm
mortar and assorted rifles.

Lt. Gen. Ferrer avers that the strength of the rebel forces is
estimated to be around eight hundred (800) with about 2,000
firearms. These forces are concentrated in the following areas in
Maguindanao, which is also the political stronghold of the
Ampatuans: Shariff Aguak, Datu Piang, Datu Unsay, Datu Saudi
Ampatuan, Datu Salibo, Shariff Saydona Mustapha, Rajah
Buayan, Gen Salipada K Pendatun, Mamasapano, Datu Hoffer
Ampatuan, Datu Anggal Midtimbang, Talayan, Talitay,
Guindulungan, Sultan Sa Barongis, and Datu Abdullah Sangki.

The existence of this armed rebellion is further established

by the recovery of high-powered firearms and ammunitions from
the estimated four hundred (400) security escorts of Datu Andal
Ampatuan, Sr.

In addition, armored cars not belonging to the government

but bearing “PNP/Police” markings were recovered from a bodega
owned by Datu Andal Ampatuan, Sr. in Brgy. Bagong, Shariff
Aguak, Maguindanao.

Lt. Gen. Ferrer points out that the nature, quantity and
quality of their weaponry, the movement of heavily armed rebels
into strategic assault positions, the closure of the Maguindanao
Provincial Capitol, Ampatuan Municipal Hall, Datu Unsay
Municipal Hall, and fourteen (14) other municipal halls, and the
use of armored vehicles, tanks and patrol cars with unauthorized
“PNP/Police” markings, all together confirm the existence of an
armed public uprising for the political purpose of:

i. removing allegiance from the national government of the

Province of Maguindanao; and

ii. depriving the Chief Executive of her powers and

prerogatives to enforce the laws of the land and to
maintain public order and safety.
 12

In the meantime, Lt. Gen. Ferrer avers, the JSCC received

information that the firearms used in the massacre were being
concealed by former Maguindanao Governor Andal Ampatuan,
Sr., and Datu Akmad Ampatuan in their respective houses in
Shariff Aguak. Upon verification of such information, search
warrants were applied for but because of undue delay in their
issuance, (the warrants were finally issued by a specially
designated judge from another region on December 3, 2009) only
the following were recovered:

(For Search Warrant No. 30 served December 4, 2009)

i. Twelve (12) pieces Metal Ammo Box Arsenal, DND;
ii. Two hundred thirty (230) rounds 7.62 MM M80A
linked;
iii. One (1) piece empty Metal Ammo Box for 5.56mm;
iv. One (1) piece empty Metal Ammo Box for Cal. 50;
v. Two (2) pieces empty Plastic Ammo Box;
vi. Two (2) rounds live ammunitions of Cal. 50;
vii. Thirteen (13) rounds live ammunitions of Cal. 5.56;
viii. One (1) piece plastic magazine for Cal. 5.56;
ix. One (1) mounting of Cal. 30;
x. One (1) mounting of Cal. 50;
xi. One (1) piece hand guard;
xii. Telescope case;
xiii. One hundred two (102) pieces linked of Cal. 5.56;
xiv. Forty (40) pieces Cal.50 fired cartridge case;
xv. Ten (10) pieces 40mm plastic pouch;
xvi. Four (4) pieces sling; and
xvii. Fifteen (15) pieces bandoleer.

(Search Warrant No. 32 for the house of Hadji Akmad

Ampatuan):
i. One (1) 12 gauge Karaytaktik shotgun with SN
6567926 with expired license in the name of Tarhata
Ampatuan 13 and 5 live ammunition; and
ii. One (1) 60mm. mortar round.

(Search Warrant No. 33):

i. One (1) piece empty magazine for Thompson; and
ii. Two (2) empty cartridges for caliber .45. (Annex E-1)

Lt. Gen. Ferrer further states that Search Warrant No. 31

against Gov. Datu Andal Ampatuan, Jr. yielded negative results.

Acting on reports regarding the locations of various high-

powered firearms, explosives and ammunition under the control

13 A case for violation of PD 1866 has been filed against Tarhata Ampatuan
 13

of the Ampatuans and their followers, government troops

recovered a total of 1,163 14 firearms and 1,149,221 15 rounds of
ammunition and explosives from them.

On December 4, 2009, the President of the Republic of the

Philippines signed Proclamation No. 1959, “Proclaiming a State of
Martial Law and Suspending the Privilege of the Writ of Habeas
Corpus in the Province of Maguindanao, Except for Certain Areas.”
Proclamation No. 1959 partly states:

WHEREAS, x x x the crime of rebellion or

insurrection “is committed by rising publicly
and taking arms against the Government for
the purpose of xxx depriving the Chief
Executive or the Legislature, wholly or
partially, of any of their powers or
prerogatives.”

WHEREAS, heavily armed groups in the

province of Maguindanao have established
positions to resist government troops, thereby
depriving the Executive of its powers and
prerogatives to enforce the laws of the land
and to maintain public order and safety;

WHEREAS, the condition of peace and

order in the province of Maguindanao has
deteriorated to the extent that the local judicial
system and other government mechanisms in
the province are not functioning, thus
endangering public safety;

xxx

NOW, THEREFORE, I, GLORIA

MACAPAGAL-ARROYO, President of the
Philippines, by virtue of the powers vested in
me by the Constitution and by law, do hereby
proclaim, as follows:

SECTION 1. There is hereby declared a

state of martial law in the province of
Maguindanao, except for the identified areas of
the Moro Islamic Liberation Front x x x

14 As of January 28, 2010

15 As of February 11, 2010
 14

SECTION 2. The privilege of the writ of

habeas corpus shall likewise be suspended in
the aforesaid area for the duration of the state
of martial law.

xxx

That same day, pursuant to the President’s declaration and

in his capacity as EASTMINCOM Commander, Lt. Gen. Ferrer
issued Arrest Orders to the Commander of the 6th Infantry
Division (6ID) and 601IBde of the Philippine Army, the CIDG of
the PNP, and all law enforcement officers directing the arrest,
taking into custody, conduct/continuation of the investigation of
Governor Andal Ampatuan, Sr., Mayor Anwar Uy Ampatuan and
Datu Sajid Islam Uy Ampatuan, among others.

On December 5, 2009, at about 1:35 a.m., Col. Leo

Cresente M. Ferrer, PA, of the 601st Bde PA, together with Lt.
Col. Joel Paloma, PA, took custody of Datu Andal Ampatuan, Sr.
from Shariff Aguak.

Thereafter, Col. Ferrer, together with P/Supt. Bienvenido

Latag, OIC of PRO ARMM, took into custody Zaldy Uy Ampatuan
from his residence at Shariff Aguak and turned him over to the
12th Regional Criminal Investigation and Detection Unit
(12RCIDU) in Camp Lira, General Santos City.

That same date, Lt. Col. Joel M. Paloma, Battalion

Commander of the 46th IB PA together with Col. Ferrer, took
custody of Datu Andal Ampatuan, Sr. and took him to the
Headquarters of the Eastern Mindanao Command in Camp
Panacan, Davao City. Due to the state of health of the elder
Ampatuan, the family requested that he be brought to the Davao
Doctor’s Hospital where he sought medical attention. The next
day, December 6, 2009, Andal Ampatuan, Sr. was transferred to
the Camp Panacan Military Hospital and turned over to Col.
Reynaldo B. Puasanos, physician of the Eastern Mindanao
Command and Commanding Officer at the Camp Panacan
Station Hospital.

On December 5, 2009, Lt. Col. Nerona received a phone call

on his cellular phone from Sukarno “Teng” Singh, a Provincial
Board Member of Maguindanao. According to Singh, Vice-
Governor Akmad Ampatuan, former Governor Sajjid Islam U.
Ampatuan, and Mayor Anwar U. Ampatuan “had a prior
arrangement with Lt. Gen. Raymundo B. Ferrer, AFP,
Commander, Eastern Mindanao Command, in connection with
 15

their intent and desire to voluntarily submit and surrender to the

authority for investigation…” Singh then requested Lt. Col.
Nerona to accompany and escort the three in voluntarily
submitting themselves to the authorities.

At about 7:30 a.m. that day, Lt. Col. Nerona fetched Vice-
Governor Akmad Ampatuan and escorted him to the
Maguindanao Police Station, where he was turned over to Police
Senior Superintendent Lineses, the OIC-Provincial Director of
Maguindanao.

Lt. Col. Nerona then took Mayor Anwar U. Ampatuan into

custody and turned him over to the Provincial Police Office.

Finally, Lt. Col. Nerona went to the house of former

Governor Sajid Islam U. Ampatuan, where he waited for the
arrival of the latter’s lawyer before he was able to escort Sajid
Islam Ampatuan and turn him over, too, to the Provincial Police
Office.

Later that day Akmad Ampatuan, Anwar U. Ampatuan and

Sajjid Islam Ampatuan were escorted to the Office of the Tactical
Operation Group Region XII in Awang, Datu Odin Sinsuat,
Maguindanao, and thereafter to G7, 6ID PA where the three were
turned over.

On December 8, 2009, the corresponding Information was

filed with the RTC of Cotabato City, charging Datu Andal
Ampatuan, Sr., Datu Zaldy Uy Ampatuan, Datu Akmad Tato
Ampatuan, Datu Anwar Ampatuan, and Datu Sajid Islam Uy
Ampatuan with Rebellion under Article 134 of the Revised Penal
Code.

Lt. Gen. Ferrer states that the JSCC recorded all the events,
facts, information and reports pertaining to the rebellion
committed by accused which he compiled in the chronology of
intelligence reports/operations in connection with the
implementation of a state of emergency and martial law 16.

Lt. Gen. Ferrer’s personal bio-data showing his military

background was denied admission by the court due to the
objection of the defense. Invoking Rule 132 Section 40 of the
Rules of Court17, the prosecution respectfully moved that the

16 Chronology of Events and Operations ICOW the Implementation of State of Emergency

and Martial Law, admitted as evidence marked Exhibits “K” to “K-17” with sub-marking
17 Sec. 40. Tender of excluded evidence. – If documents or things offered in evidence are
excluded by the court, the offeror may have the same attached to or made part of the
record. If the evidence excluded is oral, the offeror may state for the record the name
 16

personal bio-data be appended to the court record. On March 16,

2010, his testimony was completed.

The Chronology of Events and Operations ICOW (In

Connection With) the Implementation of a State of Emergency
and Martial Law 18, shows that as early as November 24, 2009,
CVOs, PNP SCAA and PAUs identified with the Ampatuan clan
have separated themselves from the chain of military command,
their loyalty to authorized law enforcement agencies clearly in
question. Maguindanao was placed under a State of Emergency
(SOE) with AFP and PNP instructed to:

• Quell the uprising of the Ampatuan supporters

• Account for all SCAA and CAAs, and recall all firearms
• Deactivate/disband all PAGs
• Cancel all mission orders and permit to carry in SOE areas
• Relieve all PNP officials in Maguindanao

Initial verification showed the strength of SCAAs and CVOs

under the Ampatuan clan provided by the 38th Infantry Battalion
(CAFGU), GID, PA to be: Shariff Aguak (197), Mamasapano
(112), Datu Piang (17), Rajah Buoyan (31), Datu Abdullah Sangki
(12), and CVO strength in Mamasapano (34), Datu Piang (47) and
Rajah Buayan (1).

From November 26, 2009 up to December 1, 2009,

government troops from 64IB and 46IB PA secured the
Maguindanao Provincial Capitol, Shariff Aguak Municipal Hall
and the Ampatuan Municipal Hall. Despite their presence acting
as security, the local employees of said government agencies
refused to work and take office and instead padlocked their
respective facilities in a show of support for the Ampatuans.

On November 27, 2009, information reached the Crisis

Management Committee and verified by 6ID that there was a
gathering of Ampatuan clan elders, political allies and supporters
where the following were decided:

• Resist arrest of other Ampatuan leaders and members;

• Massing of loyal PAGS and CVOs at strategic locations to
protect the Ampatuan clan from arrest;
• Continued closure of all local government facilities;
• Organize assemblies and rallies;

and other personal circumstances of the witness and the substance of the proposed
testimony.
18 Supra, see footnote no. 16
 17

• Bomb the said rallies and lay the blame onto the
Mangudadatus; and
• Resist all government action against the Ampatuans.

The Police Regional Command, PRO-ARMM in Maguindanao

reported to PNP Headquarters, Camp Crame, the closure and
abandonment of local government offices including offices of the
courts and the prosecution service.

On November 29, 2009, in an act of defiance, the Ampatuan

family, led by ARMM Regional Governor Zaldy U. Ampatuan
conducted a press conference at the Office of the Regional
Governor ARMM Compound, Cotabato City, and initiated a rally
at Shariff Aguak, Maguindanao. Ampatuan supporters
surrounded the mansion of Gov. Andal Ampatuan in a people-
power like uprising.

On December 1, 2009, the Administrative and Financial

offices of the ARMM and the LGUs of Maguindanao were ordered
secured for administrative audit.

On several occasions, firearms cache and assorted

ammunition were recovered by AFP and PNP joint task force
within properties belonging to the Ampatuan clan.

On December 4, 2009, 60st Bde in coordination with PNP

effected the arrest of Andal Ampatuan, Sr. for the crime of
rebellion after the declaration of Martial Law in the Province of
Maguindanao under Proclamation 1959. On December 5, 2009,
Sajid Ampatuan, Zaldy Ampatuan, Akmad Tato Ampatuan, and
Anwar Ampatuan were taken into custody along with seventeen
(17) of their followers likewise accused in this case.

Joint elements of 601IBde provided security assistance to

CIDG and PNP during the service of warrants at the house of
Gov. Andal Ampatuan, Sr. in Shariff Aguak, Maguindanao, house
of Mayor Unsay in front of the Andal Sr. mansion, house of Datu
Sajid Ampatuan, house of Mayor Datu Saudi Ampatuan and the
house of Vice-Mayor Akmad Ampatuan where war materials were
recovered.

The “Chronology of Intelligence Reports and Operations

conducted ICOW (In Connection With) the Implementation of
State of Emergency and Martial Law” 19 also shows the massing of
PAGs loyal to the Ampatuan clan, which had taken assault
positions against government forces from November 25, 2009 up
19 Evidence admitted and marked as Exhibit “L”
 18

to February 13, 2010; thus, creating public disorder. Monitoring

of their strength and movement indicate that they are heavily
armed. On November 29, 2009, the PAGs of the Ampatuans were
deployed in strategic locations in the different barangays of: Old
Maganoy, Bangga, Kakal, all of Ampatuan, and Masuloit, Sultan
sa Barongis, all of Maguidanao. Sometime early December, at
around 8 a.m., two hundred (200) elements of a PAG led by Datu
Bahnarin “Ban” Ampatuan were sighted at the vicinity of
Barangay Dimampao, Datu Abdullah Sangki, Maguindanao. On
December 7, 2009, at around 12 noon, two hundred (200)
members of another PAG led by @ Ulo Ampatuan were seen
massing at So Ketep, Barangay Kakal, Ampatuan, Maguindanao.
PAG members were seen carrying three (3) firearms each. It also
shows that the JSCC conducted joint operations on different
dates with the PNP, PNP SAF (Special Action Force), CIDG, SEO,
K-9, and SOCO (Scene of the Crime Operatives) elements in
executing search and seizure orders at the residences of Datu
Andal Ampatuan, Sr.and Datu Zaldy Ampatuan, which netted
positive results leading to the confiscation of assorted high-
powered firearms and assorted ammunitions of the Ampatuans.

This is corroborated by the “Location Map” showing the

strength of the Ampatuans’ PAGs20. The map, prepared under Lt.
Gen. Ferrer’s control and supervision, shows the location and
strength of the Ampatuan private armed groups as follows:

• Barangay Tugal, Sultan sa Barongis 500

• Barangay Masulot, Sultan sa Barongis 500
• Barangays Tugal and Papakan, Sultan sa Barongis 500
• Barangay Papakan, Sultan sa Barongis 500
• Barangay Lipongo, Datu Hoffer Undetermined
• Barangays Sampao 1 & 2, Rajah Buayan 80
• Barangay Tabungao, Rajah Buayan 500
• Barangay Sigayan, Lambayong Sultan Kudarat Undetermined
• Barangay Dimampao, Ampatuan 150
• Barangay Katap, Ampatuan 3000

Lt. Gen. Ferrer also submitted the “Breakdown of Firearms

Recovered and Confiscated” 21. The document, prepared under his
supervision, shows that from November 24 to December 3, 2009,
four hundred twenty-six (426) high-powered firearms (HPFA) and
twenty-three (23) low-powered firearms (LPFA) were recovered by
601IBde in Barangay 3, Shariff Aguak, Maguindanao when SOE
was declared. From December 4 to 12, 2009, two hundred
ninety-one (291) HPFA and fifteen (15) LPFA were recovered
20 Evidence admitted and marked as Exhibit “M”
21 Evidence admitted and marked as Exhibits “N” to “N-11”
 19

under Proclamation 1959. From December 13 to 29, 2009, one

hundred twenty four (124) HPFA were recovered during the SOE
after Martial Law. It also shows the number of HPFA and LPFA
recovered from the Ampatuans.

A “Compilation of Pictures during the Implementation of a

State of Emergency and Martial Law in Maguindanao”22 was also
identified and submitted by Lt. Gen. Ferrer. The photographs
document the action of the AFP and PNP during the
implementation of SOE and Martial Law including the following:

• That on November 26, 2009 Lt. Gen. Ferrer personally

supervised the deactivation and disarming of four (4)
Maguindanao Special Civilian Active Auxiliary (SCAA),
the recall of HPFA, and confiscation of the Ampatuans’
improvised armored vehicles;

• That on November 27, 2009, the military outpost of

Barangay Kuloy, Kuloy Detachment CVO barracks and
CVO mess hall were burned by the Ampatuans’ CVOs;

• That on November 29, 2009, the Ampatuan clan led by

Governor Zaldy Ampatuan conducted a press
conference at the ARMM Compound in Cotabato City
and held a rally at Shariff Aguak, during which their
supporters surrounded the mansion of Gov. Andal
Ampatuan, Sr. in a people-power like uprising;

• The recovery of assorted HPFA, assorted ammunition

and 50 caliber machine guns in Shariff Aguak,
Maguindanao, on December 3, 5, 7 and 10, 2009, and
the inventory conducted by the AFP and PNP;

• The recall of firearms of CVOs in Rajah Buayan,

Maguindanao; and

• The recovery of thousands of assorted ammunition at

the abandoned CVO detachment in Barangay Kuloy,
Shariff Aguak, Maguindanao.

On February 19, 2010, the prosecution filed a motion to

inhibit Judge Vivencio Baclig due to manifest partiality against
the People of the Philippines. In an order dated March 9, 2010,
Judge Baclig denied the same. The prosecution filed a motion for

22 Evidence admitted and marked as Exhibits “O” to “O-33”

 20

reconsideration on March 15, 2010, which Judge Baclig likewise

denied in an order dated March 24, 2010.

Thereafter, the Honorable Court ordered the prosecution to

make an oral offer of evidence.

In an order dated March 16, 2010, the Honorable Presiding

Judge admitted all exhibits for the prosecution to show probable
cause. In another order dated March 16, 2010, Judge Baclig also
granted conditional admission of Exhibits “1” up to “11” with
sub-markings for the accused over the objection of the
prosecution

In an order dated March 26, 2010, with an amendment

through another order dated March 29, 2010, Judge Baclig
dismissed the rebellion charge on the ground of absence of
probable cause to indict and detain all of the accused. He
ordered the release of accused-movants unless they are being
held by a court of law for other lawful causes.

ISSUES

1. WHETHER THE HONORABLE PRESIDING JUDGE

COMMITTED GRAVE ABUSE OF DISCRETION IN
ALLOWING THE DEFENSE TO PARTICIPATE
DURING THE DETERMINATION OF PROBABLE
CAUSE WHEN HE ALLOWED THEM TO CROSS-
EXAMINE AND TO ADDUCE IN EVIDENCE
EXHIBITS “1” UP TO “11” WITH SUB-MARKINGS?

2. WHETHER THE HONORABLE PRESIDING JUDGE

WAS GUILTY OF GROSS IGNORANCE OF THE
RULES OF COURT, SPECIFICALLY INVOLVING
JUDICIAL DETERMINATION OF PROBABLE CAUSE
WHEN HE ADOPTED AN TOTALLY IRREGULAR
PROCEDURE IN RAILROADING THE DISMISSAL
OF THE CASE?

3. WHETHER THE HONORABLE PRESIDING JUDGE

COMMITTED GRAVE ABUSE OF DISCRETION
WHEN HE TOTALLY DISREGARDED THE CASE
REFERRAL OF THE PHILIPPINE NATIONAL POLICE
CRIMINAL INVESTIGATION AND DETECTION
GROUP AND THE NATIONAL BUREAU OF
INVESTIGATION EXTANT IN THE RECORD OF THIS
 21

CASE, PROSECUTION’S EXHIBITS “A” TO “P” AND

SUB-MARKINGS, AS WELL AS THE TESTIMONY OF
PROSECUTION WITNESS LT. GEN RAYMUNDO B.
FERRER, AFP, ON THE FACTUAL BASIS FOR THE
DECLARATION OF THE STATE OF EMERGENCY,
MARTIAL LAW AND THE EVENTUAL REBELLION
CHARGE?

4. WHETHER THE HONORABLE PRESIDING JUDGE

SERIOUSLY ERRED AND/OR COMMITTED GRAVE
ABUSE OF DISCRETION WHEN HE DISMISSED
THE REBELLION CHARGE DUE TO ALLEGED
ABSENCE OF PROBABLE CAUSE?

5. IN THE EVENT THE HONORABLE PRESIDING

JUDGE RECONSIDERS HIS ORDER OF DISMISSAL
AND REINSTATES THIS CASE, WHETHER HE
SHOULD INHIBIT HIMSELF FROM HEARING AND
TRYING THIS CASE DUE TO MANIFEST BIAS AND
GROSS IGNORANCE OF THE RULES OF COURT?

ARGUMENTS

For purposes of expediency, the first and second issues,

and the third and fourth issues shall be discussed jointly.

Under the 1987 Constitution, judicial determination of

probable cause is described within the phrase, “x x x no search
warrant or warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after examination
under oath or affirmation of the complainant and the witnesses
he may produce x x x.” 23

From the above, it is clear that judicial determination of

probable cause is a matter to be determined by the judge whose
discretion is limited to requiring the prosecution to adduce
additional evidence in case of doubt.

Yet, despite the continuing objection of the prosecution,24

Judge Baclig allowed the defense to cross-examine prosecution
witnesses and even adduce evidence.25
23 Section 2, Article III, 1987 Constitution
24 Supra, see footnote no. 3, p. 20; February 12, 2009 TSN, p. 2
25 Marked as Exhibits “1” to “11” with sub-markings
 22

While the presiding judge claimed that the admission of

evidence for the accused is conditional, and even subsequently
ruled that “x x x the Court hereby sustains the position taken by
the prosecution that the accused should not be allowed to
present evidence in the proceeding for judicial determination of
probable cause”26 the fact that the pieces of evidence adduced by
the defense influenced his resolution to dismiss the rebellion
charge against the accused is most evident in the following
paragraph found in his order:

“In addition, some of the placards used by the

protesters displayed the statements – ‘We love you
Madame President’ and ‘We want due process.’ It is
clear that these are not statements of hatred or anger
with political purpose of toppling the present
government; instead, they are expressions of respect
for lawful authorities. The mass actions, should there
be any, can only be categorized as appropriate form of
public redress to air grievances to government
institutions. It does not satisfy the element of public
uprising and taking arms, which is required in the
crime of rebellion.” 27

Even though Judge Baclig amended his order by deleting

the immediately preceding paragraph28, this does not cure the
fact that the presiding judge committed grave abuse of discretion.
He committed the same when he allowed defense to participate in
the proceedings by allowing the latter to cross-examine and
adduce evidence. The judge’s gross ignorance of procedure in the
judicial determination of probable cause is likewise evident when
he adopted an extremely irregular process by agreeing to the
participation of the defense.

If any, the amendment reveals the judge’s realization that

he has in fact given weight to evidence adduced by the defense –
evidence not duly presented, identified and its veracity proven in
court – notwithstanding his pronouncements to the contrary.

And even as the presiding judge of this Honorable Court

gave undue weight to the evidence of the accused, in contrast
and in grave abuse of discretion he totally disregarded evidence
adduced by the prosecution.

26 Judge Baclig’s Order dated 26 March 2010, third paragraph, p. 10

27 Ibid, last paragraph, pp. 13 and 14
28 Separate Order dated 29 March 2010
 23

The elements of rebellion are:

1. There be public uprising and taking of arms against the

Government; and

2. The purpose of the uprising or movement is either:

a. To remove from the allegiance to said Government or
its laws:
i. The territory of the Philippines or any part
thereof; or
ii. Any body of land, naval, or other armed forces; or
b. To deprive the Chief Executive or Congress, wholly or
partially, of any of their powers and prerogatives.

To establish the presence of said elements, the prosecution

presented the testimonies of Dante Dingcong, Nasser Abdul,
Haical Mangacop, P/Supt. Roberto Badian and Lt. Gen.
Raymundo Ferrer, AFP, as well as documentary evidence.

The affidavits of the first three witnesses were admitted by

the defense as to existence, due execution and veracity. As such
defense are deemed to have been given the opportunity to cross-
examine all the witnesses. Taken and appreciated together, their
testimonies established the following, inter alia:

• The planning and ordering of their followers by the

accused to take up arms against and resist government
forces, as seen, heard and witnessed by Nasser Abdul
and Haical Mangacop;

• The massive formations of numerous armed civilians

positioned in different areas of Barangay Poblacion,
Ampatuan, Maguindanao, to fight government forces, as
seen and witnessed by Dante Dingcong;

• The closure of local government offices upon the orders of

the accused, the unavailability of public services, and the
non-functioning of government offices inclusive of
courts 29 and prosecutors’ offices as seen and experienced
by Dante Dingcong, and seen and recorded by P/Supt
Roberto Badian;

29 PNP reported such fact to DOJ in a letter marked “Confidential” (letter is extant on
record); see footnote no. 12
 24

• The massing, movement and strategic positioning of

private armed groups loyal to the accused as verified and
recorded by government forces under the direct control
and supervision of Lt. Gen Raymundo Ferrer; and

• The unfolding of events that gave rise to lawlessness and

lead to the declaration by no less than President Gloria
Macapagal-Arroyo of a State of Emergency and later
Martial Law as testified to by Lt. Gen. Raymundo Ferrer.

Furthermore, Lt. Gen. Ferrer’s testimony established the

formation of a Crisis Management Committee to determine the
political and security situation in Maguindanao. Massing of
disloyal forces like CVOs was verified to be concentrated in the
following locations known to be the stronghold of the accused:
Shariff Aguak, Datu Piang, Datu Unsay, Datu Saudi Ampatuan,
Datu Salibo, Shariff Saydona Mustapha, Rajah Buayan, Salipada
Pendatun, Mamasapano, Datu Hoffer Ampatuan, Datu Andal
Midtimbang, Talayan, Talitay, Guindulungan, Sultan Sa
Barongis and Datu Abdullah Sangki. The police in the area no
longer followed the chain of command instead they got orders
from the local officials in the area30. He mentioned the names of
former Governor Datu Andal Ampatuan, Sr., Datu Zaldy
Ampatuan, Mayor Akmad Ampatuan, and particularly the
mayors of the first district of Maguindanao.

A state of emergency was declared to quell the armed

uprising and to account for SCAA and all firearms, and
deactivate PAGs. Despite the order to surrender, CVOs, PAUs
and PAGs did not do so and instead took assault positions
against the government forces.

Lt. Gen. Ferrer avers that the Ampatuan clan and their loyal
followers had risen publicly and taken arms against the national
government thus resulting in a crisis situation in Maguindanao.
The unfolding of events including the taking up of arms,
abandonment and closure of local government offices deprived
the President as Chief Executive of her powers and prerogatives,
and the massing of the Ampatuans’ private armies in the
different rural areas of Maguindanao taking assault positions
against the government forces are the prevailing conditions
indicative of rebellion committed by all of the accused.

30 February 12, 2010 TSN, p. 20

 25

Indubitably, the foregoing have been undertaken by the said

public officers in the discharge of their official duty. Their official
acts therefore enjoys the presumption of regularity. 31

In the light of the foregoing, there is little doubt that

prosecution was able to dispense with its duty to prove, at the
very least, the existence of probable cause in order to detain and
prosecute the accused for rebellion.

Yet, in his March 29, 2010 order, the Honorable Presiding

Judge pointedly ignored prosecution’s evidence and proceeded to
discuss the elements of the crime of rebellion from a vacuum -
like perspective leading to serious error and grave abuse of
discretion on his part. Instead of evaluating prosecution’s
evidence, Judge Baclig went about debunking the four factual
scenarios identified by the prosecution as indicators of the crime
of rebellion as committed by the accused.

The Honorable Presiding Judge, in his attempt to negate the

fact that no local Maguindanao prosecutors were available to
conduct inquest and preliminary investigation relative to the
November 23 mass killings in Ampatuan, Maguindanao, cited
record that shows Datu Andal Ampatuan, Jr. underwent inquest
proceedings in General Santos City 32. The presiding judge
conveniently turned a blind eye to the fact that inquest
proceedings precisely had to be held in General Santos City, and
outside of Maguindanao because of the prevailing conditions
therein. He also failed to note that none among the inquest
prosecutors is from Maguindanao. Likewise, it seems to have
escaped his attention that DOJ had to issue a Department
Order33 to constitute a special panel of prosecutors in order to
address the absence of local prosecutors to conduct inquest and
preliminary investigation on said mass killings.

Next, he belittles the contention that there were massive

formations of private armed civilians supported by armored tanks
with unauthorized “PNP/Police” markings that do not belong to
the government by dismissing the testimonies of Dante Dingcong,
Nasser Abdul and Haical Mangacop as these “deserve no
evidentiary weight for the crime charged.” 34 The Honorable
Presiding Judge also dismisses the military and police
intelligence reports as unfounded 35, and yet contradicts himself
31
Sec. 3(m), Rule 131
32 Supra, see footnote no. 26, pp. 12 and 13
33 Department Order No. 935 dated 25 November 2009
34 Supra, see footnote no. 26, fourth paragraph, p. 14
35 Ibid, last paragraph, p. 15
 26

by claiming, “The government security forces should have been

able to engage and neutralize the reported armed groups on the
basis of its intelligence reports confirming their size, strength and
whereabouts,” 36 thereby giving credence to the same intelligence
reports that he claimed were unfounded.

The Honorable Presiding Judge then contradicts

prosecution evidence that the local government units were not
functioning because government offices were closed and
employees went on mass leave upon the instigation of the
Ampatuans. Judge Baclig cites evidence that allegedly show that
the Department of the Interior and Local Government and the
PNP closed down the offices. 37 The question that begs to be asked
is: what evidence? That adduced by the prosecution simply show
the documentation by PNP of the padlocked municipal halls of
Datu Unsay, Shariff Aguak and Ampatuan, and the provincial
capitol of Maguindanao.

The Honorable Presding Judge goes on to mention news

footages that he claims showed “many employees were caught by
surprise on (sic) the unexpected closure of the offices.”38 It is
evident Judge Baclig, in grave abuse of discretion, gave judicial
notice to evidence not properly presented nor its veracity duly
proven in court.

From here, the presiding judge goes on to claim as untrue

the non-functioning of Courts having jurisdiction over the place
of the commission of the November 23 mass murders. Again, as
in the case of the inquest proceedings held in General Santos
City, the judge gave little weight to the fact that the Supreme
Court was compelled to appoint a judge not assigned to any
court in Cotabato City or Maguindanao. Said RTC judge, Hon.
Milanio Guerrero, is from Tacurong City, Sultan Kudarat.

Wrapping up his arguments, Judge Baclig partly declares

that, “The government has full control of the situation in
Maguindanao, particularly when it declared a State of Emergency
and later a State of Martial Law therein. This Court believes that
no armed group would be bold and daring enough to challenge
the might of government forces deployed in that area during that
time.”39 With due respect to this Honorable Court, said statement
is an oxymoron. If, indeed, the government had full control of the
situation, why the need to declare a State of Emergency and later
36 Ibid, first paragraph, p. 16
37 Ibid, fourth paragraph, p. 16
38 Ibid
39 Ibid, seventh paragraph, p. 17
 27

Martial Law? And, if true, that no armed group would be bold

and daring enough to challenge the might of government forces,
why is the State of Emergency still in place in Maguindanao even
after the lifting of Martial Law? Finally, the most crucial question
that the Honorable Presiding Judge either forgot or simply
refused to ask is: What were the circumstances that brought
about the declaration of a State of Emergency and later Martial
Law?

The answer is simple: Rebellion.

Thus, even trusting that the Presiding Judge of this

Honorable Court sees light and reconsiders his order of dismissal
and reinstates this case, the prosecution earnestly believes he
should inhibit himself from further hearing and trying this case
as he is perceived to have prejudged the case, and has
manifested bias and gross ignorance of the rules of court.

PRAYER

WHEREFORE, PREMISES CONSIDERED and in order to

maintain the dignity of the judicial process and uphold the rule
of law, it is respectfully prayed of the Honorable Court that an
order be issued:

REVERSING the March 26, 2010 Order, as amended

by a March 29, 2010 Order, which dismissed the
rebellion charge on the ground of lack of probable
cause;

REINSTATING the rebellion case against accused

Andal Ampatuan, Sr., Zaldy Uy Ampatuan, Sajid Islam
Uy Ampatuan, Akmad Tato Ampatuan and Anwar
Ampatuan, and their followers;

COMMITTING their custody to the jail facility in Camp

Bagong Diwa, Philippine National Police, Taguig City;

REVERSING the March 24, 2010 Order denying the

prosecution’s motion for reconsideration on the March
9, 2010 Order denying the motion to inhibit;

INHIBITING himself from further hearing and trying

this case in the light of the presiding judge’s manifest
 28

bias against the prosecution; and returning this case

to the Executive Judge for re-assignment by raffle.

Other just and equitable reliefs under the premises are

likewise prayed for.

Respectfully Submitted.

City of Manila for Quezon City, 08 April 2010.

CLARO A. ARELLANO
Chief State Prosecutor

LEO B. DACERA ALDRIN P. EVANGELISTA

Senior State Prosecutor State Prosecutor II
Roll No. 32373 Roll No. 44402
IBP Lifetime No. 08441 Department of Justice
MCLE Compliance No. 0017364 Padre Faura, Manila
April 1, 2009
Department of Justice
Padre Faura, Manila

LAMBERTO C. FABROS NIVEN R. CANLAPAN

State Prosecutor I State Prosecutor I
Roll No. 33526 Roll No. 44962
IBP Lifetime No. 02361 IBP Lifetime No. 02079
MCLE Compliance No. 0006984 MCLE Compliance No. 0002652
January 28, 2008 November 22, 2007
Department of Justice Department of Justice
Padre Faura, Manila Padre Faura, Manila

RASSENDELL REX F. GINGOYON

State Prosecutor I
Roll No. 48139
IBP Lifetime No. 741834
MCLE Compliance No. 0003760
Department of Justice
Padre Faura, Manila
 29

NOTICE OF HEARING

HON. BRANCH CLERK OF COURT

Regional Trial Court
Quezon City, Branch 77

ATTY. PHILIP SIGFRID A. FORTUN

23rd Floor Multinational Bancorporation Centre
6805 Ayala Avenue, Makati City

ATTY. REDEMBERTO R. VILLANUEVA

RRV Legal Consultancy Firm
Penthouse, CC Castro Int. Bldg.
38 Timog Avenue, Quezon City

ATTY. JOSEPH ELMER R. ALCID

Alcid Favila Bayobay & Partners
Suite 204 Señor Ivan de Palacio
139 Malakas Street, Central District, Quezon City

ATTY. FELIPE N. EGARGO, JR.

Suite 210 Señor Ivan de Palacio
139 Malakas Street, Central District, Quezon City

G r e e t i n g s:

Please submit the foregoing Motion for the consideration of the

Honorable Court on April 16, 2010 at 8:30 in the morning or immediately
thereafter as soon as counsel may be heard.

RASSENDELL REX F. GINGOYON

State Prosecutor

EXPLANATION

Because of personnel and time constraint making personal service

impractical, copies of the foregoing motion have been furnished adverse
counsels by registered mail per attached registry receipt.

RASSENDELL REX F. GINGOYON

State Prosecutor
 30

Copy furnished:

BRANCH CLERK OF COURT

Regional Trial Court
Quezon City, Branch 77

ATTY. PHILIP SIGFRID A. FORTUN

23rd Floor Multinational Bancorporation Centre
6805 Ayala Avenue, Makati City

ATTY. REDEMBERTO R. VILLANUEVA

RRV Legal Consultancy Firm
Penthouse, CC Castro Int. Bldg.
38 Timog Avenue, Quezon City

ATTY. JOSEPH ELMER R. ALCID

Alcid Favila Bayobay & Partners
Suite 204 Señor Ivan de Palacio
139 Malakas Street, Central District, Quezon City

ATTY. FELIPE N. EGARGO, JR.

Suite 210 Señor Ivan de Palacio
139 Malakas Street, Central District, Quezon City