Acting Justice Secretary Alberto Agra’s move last week to clear Zaldy Ampatuan and his uncle Akmad Ampatuan of any role in the massacre came three weeks before presidential elections and raised concerns of interference, as the family is allied to the government.

“We are deeply concerned that the resolution will all the more convince a long sceptical public that our criminal justice system is impotent when the accused are politically influential,” said Carlo Arellano, the chief state prosecutor.

The Integrated Bar of the Philippines, one of the country’s largest lawyers’ group, said the move violated the principle of due process.

Arellano said prosecutors had asked Agra to reconsider. “Otherwise, we dishonor the primary reason for which our institution exists and its very name, the Department of Justice.”

Opposition lawmakers, church leaders and rights activists expressed concern President Gloria Macapagal Arroyo may have been involved in the move to free the two members of the Ampatuan clan because they were among her closest political allies.

“I based my decision on records before me and not because of that,” Agra told reporters, saying he was not pressured or influenced to clear the two men.

He said those who disagreed with his decision could file a motion for reconsideration or elevate the case to a higher court.

Zaldy and Akmad Ampatuan were cleared on Saturday, a day after the they were transferred to a detention facility in Manila from the southern island of Mindanao.

They will remain in custody until a local court orders their release.

Zaldy’s brother, Andal Ampatuan Jr, who is the chief suspect in the case, his father and another brother remain in custody on charges of the murder last November of seven members of a rival can, 30 journalists and 20 civilians.

The murdered people were on their to witness filing of nomination papers of a candidate preparing to stand against Ampatuan Jr in the May 10 elections.

Richard Fadullon, one of the state prosecutors handling the case, learnt of Agra’s decision from newspapers and said the lawyers were shocked as they were not consulted or informed.

He said as the murder cases had been elevated to a local court, the justice department should have left it to the judge to assess the evidence against the accused.