Ombudsman to file graft raps vs. Aquino over Mamasapano massacre

Ombudsman Conchita Carpio Morales has ordered the filing of charges against former President Benigno Aquino III for his alleged role in the anti-terrorist operation that led to the massacre of 44 police commandos in Mamasapano, Maguindanao in 2015.

Aquino will be charged with usurpation of authority under Article 177 of the Revised Penal Code and violation of Section 3(a) of the Anti-Graft and Corrupt Practices Act.

Co-accused in the case are former Philippine National Police chief Alan Purisima and former Special Action Force Director Getulio Napenas.

Almost 400 SAF troopers went to Mamasapano, Maguindanao on the midnight of January 24, 2015 in pursuit of wanted terrorist Zulkifli Bin Hir alias Marwan.

The operation, dubbed as Oplan Exodus, neutralized Marwan but also resulted in an encounter with members of the Moro Islamic Liberation Front and the Bangsamoro Islamic Freedom Fighters.

Forty-four troopers of the PNP's elite team perished as they were moving out of the area.

The charges came from consolidated complaints filed by SAF 44 families and the Volunteers Against Crime and Corruption in 2016 after Aquino finished his term.

The complainants had alleged that Aquino committed gross and inexcusable negligence when he knew fully well that the operation was flawed, and breached the chain of command when he allowed Purisima to participate in its planning.

Text messages

In the investigation, the Ombudsman said Aquino continued to receive Purisima's advise, as shown on text messages presented in the Senate probe on the massacre and from various affidavits, despite serving the police official's suspension over the alleged anomalous courier service deal the PNP entered under his leadership.

“There is no gainsaying that President Aquino was fully aware that the Office of the Ombudsman had placed Purisima under preventive suspension at that time [for the anomalous Werfest deal],” the resolution read.

“The fact remains that, at the time, particularly before and during the actual implementation of Oplan Exodus, Purisima was under preventive suspension, and that Purisima, despite being under preventive suspension, indeed played an active role in Oplan Exodus, as shown by all the record of SMS exchanges and findings in the Senate Committee Report on the Mamasapano incident, to the point that he was exercising a degree of authority and discretion over Napeñas and consequently, over the operation,” it added.

Aquino has since denied that he had a direct role on the SAF operation.

The Ombudsman said Purisima should not be even performing his official duties as PNP chief, saying “certainly a public officer who is under preventive suspension in barred from performing any public functions and from meddling into the affairs of the government."

"In other words, Purisima would not have been placed in such a position of continuing to conduct himself, in relation to Oplan Exodus, in a manner  as if he was not under preventive suspension at that time, from his position as PNP chief, were it not for the complicity and influence of President Aquino," the resolution added.

Aquino is liable under the Anti-Graft and Corrupt Practices Act by acting with "complicity and influence" when he knew that Purisima was suspended during the botched operation.

Section 3(a) of the law states: "persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense."

On the other hand, under Article 177, usurpation of authority is committed when a person falsely represents himself as a government official without being lawfully entitled to do so.

Aquino has five days upon receipt of the complaint to file a motion for reconsideration. If proven guilty, he may face imprisonment of up to 15 years.

Appeal

Aquino's spokesperson, lawyer Abigail Valte, said the former Chief Executive will appeal the Ombudsman order.

“Former President Benigno Aquino III received the order of the Ombudsman this afternoon and is currently studying it with his lawyers, with the end view of filing a motion for reconsideration,” Valte said.

For its part, Malacañang said President Rodrigo Duterte is hoping that justice will be served in the case of the 44 slain SAF commandos.

“The President recognizes the heroic sacrifice of the Philippine National Police - Special Action Force 44, and it is his—and the nation’s—hope to finally bring justice to the victims and families of the Fallen 44 and put closure to the issue as part of the healing process,” presidential spokesperson Ernesto Abella said. — NB/RSJ, GMA News