On November 23, 2009, when the Army troops were still approaching about one kilometer from the massacre scene, they could hear the backhoe's engine roar and see engine smoke coming from the heavy equipment. But when they reach the site, all the killers had already left the area. 
And yet, Army soldiers managed to arrest two “government militias" armed with an M16 rifle and a Gauge 12 shotgun, according to lead investigator PNP Chief Supt Felecisimo Khu Jr. However, due to jurisdiction issues, the men had to be turned over to government authorities and were subsequently released. The two men have not been identified nor have they been found since then.

In the meantime, from then till now,

The Philippine Alliance of Human Rights Advocates deplore the glaring actions of lack of due diligence on the part of the State, particularly Ms. Gloria Arroyo as the Commander-in-Chief of the Armed Forces of the Philippines.  Such actions are components of impunity and injustice, and thus are extremely prejudicial to the people’s quest for justice for the victims and families of the Ampatuan Massacre.