Recent ruling of Acting Justice Secretary Alberto Agra ordering his prosecutors to drop the charges against ARMM Governor Zaldy Ampatuan and his cousin Mamasapano Mayor Akmad Ampatuan for multiple murders in the Maguindanao massacre.

His decision has been questioned and defied by his prosecutors who conducted the preliminary investigation, because it is plainly wrong. 

Basic is the rule that in a preliminary investigation the prosecutors merely determine the existence of probable cause. As implied by the words themselves “probable cause” is concerned with “probability, not absolute or moral certainty”.

The prosecutors only find out whether there are sufficient grounds to engender a well founded belief that a crime has been committed and that the persons charged should be held for trial.

It does not call for the application of the rules and standards of proof required for a judgment of conviction after trial; it does not require full and exhaustive investigation of the parties’ evidence. Precisely there is a trial for that purpose (Metropolitan Bank vs. Raul Gonzales GR 180165, April 7, 2009).

The presence or absence of elements of the crime is a matter of defense that may be passed upon after a full blown trial on the merits (Lee vs. KBC Bank Inc. GR 164673 January 15, 2010).

Agra disregarded these basic rules and evaluated the evidence of the parties as to the existence of conspiracy. He ruled that based on the records the two Ampatuans are not part of the conspiracy. This is the function of the trial court. Thus if the prosecutors will nevertheless be forced to file a motion dropping the two Ampatuans despite their disagreement with Agra on this issue, Judge Jocelyn Solis-Reyes who is trying the case should deny it outright and proceed with the trial of all the accused including the two Ampatuans.

We are indeed passing through a dark period in the field of law and jurisprudence. Laws and rules are stretched and twisted through questionable rulings to accommodate those in power, their political and business allies, friends and relatives. These are the times to be more vigilant.