Still no formal charges filed vs. SAF 44 killers

The Department of Justice (DOJ) said it is committed to resolving soon the murder complaints that stemmed from the January 25, 2015 Mamasapano clash. But the chances of a formal case being filed in court still hang in the balance a year after the deadly incident.

In an interview with GMA News Online, Assistant State Prosecutor Alexander Suarez, a member of the five-member DOJ panel conducting a preliminary probe on the criminal complaints, admitted that it would be hard to resolve the criminal complaints before the first anniversary of the clash.

"I think the people think there is a need or urgency to resolve it before January 25. But I hope the people understand that we will only have [several days from now] to resolve the case," said Suarez.

"And I don't think so [we would resolve this by January 25], with the number of respondents and voluminous documents. Although we are five in the panel, we have to scrutinize everything," he added.

The prosecutor, however, said then Justice Secretary Alfred Benjamin Cagioa and National Prosecution Service head Prosecutor General Claro Arellano have instructed them to "prioritize" the case.

The interview was conducted two weeks ago, before Caguioa was appointed by President Benigno Aquino III as Associated Justice of the Supreme Court.

The DOJ's spokesperson, Undersecretary Emmanuel Caparas, has been appointed acting secretary.

"We will resolve it with dispatch as soon as possible because we know that the public is already awaiting. There is also already a clamor. More so, the anniversary is coming. Hot topic na naman iyan," said Suarez in the interview.

He said the panel actually no longer needed to be told either by Caguioa or Arellano to prioritize the case. "Kailangan na talaga bilisan ito kasi ang tagal na eh. Biruin niyo magwa-one year na," he added.

Apart from Suarez, completing the panel are chair Senior Assistant State Prosecutor Rosanne Balauag, and members Assistant State Prosecutors Aldrin Evangelista, Benito Oliver Sales III, Rassendell Rex Gingoyon and Alexander Suarez.

The 90 respondents—identified by a star witness known only by the codename, Marathon—are members of the Moro Islamic Liberation Front (MILF), its rival Bangsamoro Islamic Freedom Fighters (BIFF), and local private armed groups, according to investigators.

Under Oplan Exodus, members of the police elite Special Action Force were sent to Barangay Tukanalipao, Mamasapano, Maguindanao to neutralize Indonesian terrorist Zulkifli bin Hir alias Marwan and Filipino bomb expert Abdul Basit Usman.

The SAF members, after confirming Marwan's death, were leaving the area when they were ambushed by the Moro rebels.

Several probes

Following the deadly clash, both chambers of Congress suspended their respective hearings for the Bangsamoro Basic Law.

In February, the PNP Board of Inquiry launched a probe on the incident in February and concluded a month later that key and ranking officials broke the chain of command by withholding information.

Around the same time, the DOJ, upon orders from the President, stepped in and mobilized its investigating arm, the National Bureau of Investigation, to conduct a parallel probe.

In the same month, several videos taken either during and after the clash surfaced online. Among the most controversial was a video that showed a wounded commando moaning in pain before being shot in the head at close range by an unidentified person.

Another video showed what purportedly was a Caucasian - most probably an American - who got killed in the clash. The US Embassy later denied the report, and a widow of one of the 44 slain commandos claimed the man in the video was her husband.

Two months after the clash, the Senate inquiry led by Sen. Grace Poe finished its own investigation in aid of legislation and concluded that President Aquino was responsible for the operation that led to the deaths of the 44 commandos and 16 others.

Crime raps filed

By September, President Aquino floated that there could be an "alternative version" of the events -- that Marwan could have been killed by one of his aide, contrary to the claim of the SAF. Aquino would later backtrack and clarify that the "alternative version" could be false after all.

Seven months after it started proving the incident, the NBI on September 22 filed the first batch of criminal complaints against 90 suspects blamed for the death of 35 of the 44 SAF commandos. However, the names, including those of the MILF and BIFF commanders, were withheld from the public.

Of the 90 respondents, 26 belong to the MILF and 12 from the BIFF. Thirteen respondents from the two groups are battalion or field commanders: seven from the MILF and six from the BIFF.

Barely a month later, on October 8, the NBI came up with results of the second part of its investigation: No charges were filed against the killers of the remaining nine SAF men since the suspects could not be identified.

On November 27, the DOJ started its preliminary investigation (PI) on the first batch of complaints. At least four respondents, through their lawyers, denied the charges and told the DOJ panel they were not members of the MILF.

Suarez said subpoenas were issued to the 90 respondents but only six responded. "It appears the subpoenas [for the others] were ignored this has been reported nationally at least they have an idea with respect to the case," he said.

These six, he said, were given time to file counter-affidavits until January 14 while the complaints of the rest were submitted for resolution. Under the rules, the DOJ has 60 days from the start of the PI to resolve a complaint.

"It will be very hard for us to complete the PI within the 60-day period because Number 1, you have to submit subpoenas and the respondents are not in Metro Manila," he said.

He added that the period given to the parties to submit counter-affidavits, counter-reply, and rejoinder usually take several weeks. "Mauubos na ang one month sa pagpapasagot pa lang," he said.

Apart from the respondents, subpoenas were also sent out to police officers who, last December, submitted their respective affidavits on the incident.

It was only last week that the DOJ closed the preliminary investigation.

'We have an idea who did it'

Suarez stressed that rushing the resolution of the complaints carries with it some risks.

"Mahirap din kung madaliin kasi kung madaliin namin at may nakita kami na hindi naman talaga liable, sabihin ng iba minadali niya kasi. Bakit hindi ninyo pinag-aralan mabuti?" he said.

Suarez admitted that the panel more or less already has an idea who among the 90 respondents that the DOJ can make a case against.

"While reading complaints and affidavits, we already have an idea who actually participated. Kasi mayroon talagang very specific sa complaint and statement of witnesses, very specfic ang participation ng ibang respondents," he said.

"Tapos nakikita namin bakit iyong iba hindi specific and yet they were named respondents. For those individuals, we have to really scrutinize," he added.

During the first DOJ hearing in December, the camp of one of the respondents, Lakman Dawaling, submitted a certification it had secured from the MILF stating that he does not belong to the rebel group.

"This is to certify further that, Lakman K. Dawaling, is not a field commander of 118th Base Command and he is a civilian," read the certification that was signed by Abdulwahid Tondok of the MILF's 118th Base Command.

Another respondent, meanwhile, claimed to being a former teacher.

"We're really surprised how come his name was included in the respondents. We don't know, we don't have any idea yet whether they form part of the MILF, the BIFF, or the private armed groups, because we are yet to receive a copy of the complaint-affidavit," said lawyer Ronald Hallid Torres.

A third suspect, Pendatun Utek Makakua, also denied being an MILF member. He said he is a farmer.

"I am not a field commander of the MILF 118th Base Command, Mamasapano, Maguindanao. I am not a member of the MILF all my life in my place and finished only six grade elementary," he said in his affidavit.

In the event that the complaint is elevated to a trial court, Suarez clarified that families of the slain SAF commandos could stand as witnesses only in the civil aspect of the case, and not in the criminal aspect since they were not eyewitnesses to the clash. —ALG, GMA News