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MAMASAPANO CASE

VACC urges Ombudsman to reconsider homicide raps vs. Noynoy Aquino


The Volunteers Against Crime and Corruption (VACC) on Wednesday filed a motion for the Office of the Ombudsman to reconsider the charges of reckless imprudence resulting to multiple homicide against former President Benigno Aquino III.

In its 15-page motion, the VACC said the Ombudsman disregarded jurisprudence when it found no probable cause on homicide against Aquino whereas the Senate committee report, counter-affidavits, and witness' testimonies showed that he was fully aware of the operation against wanted terrorist Zulkifli Bin Hir alias Marwan.

"Finding of probable cause needs only to rest on evidence showing that more likely than not a crime has been committed... Probable cause need not be based on clear and convincing evidence of guilt, neither on evidence establishing guilt beyond reasonable doubt and definitely, not on evidence establishing absolute certainty of guilt," the motion said.

VACC founding chairman Dante Jimenez and legal counsel Ferdinand Topacio led the filing, along with five of the 44 families of the Special Action Force commandos killed in Mamasapano, Maguindanao in 2015.

In an interview with reporters, Topacio said the charges of graft and usurpation of authority against Aquino is not commensurate to the 44 lives lost when almost 400 SAF men went to Mamasapano on the midnight of Jan. 24, 2015 in pursuit of Marwan. 

"Para sa amin, hindi karapat-dapat yung graft because buhay po ang nawala dito. 44 lives were lost. How can you equate the lives of 44 sa graft? Hindi naman po pagnanakaw lamang sa kaban ng bayan, although that is already a big enough crime. Symbolically, hindi po katarunangan yan," Topacio said.

"Pangalawa po, hindi po commensurate yung penalty ng graft case sa 44 lives na ninakaw po ni Pangulong Aquino," he added.

The complaint further prayed that Aquino, and co-respondents former Philippine National Police chief Alan Purisima and former SAF Director Getulio Napenas be each charged with 44 counts of homicide.

 

 


 

Protecting Aquino

Meanwhile, Jimenez and Topacio both agreed that Morales should either resign or recuse herself in hearing their motion, saying that she is obviously trying to protect Aquino who appointed her to the post in 2011.

"Obvious masyado to the bone that Ombudsman Morales has become biased as Ombudsman and selective na po ang justice dito... Ombudsman Morales should better resign or inhibit herself," Jimenez said.

"We don't want her to just inhibit, we want her to resign because this is shameful. Most shameful," Topacio, for his part, said.

He claimed that Morales may have signed the charges to prove that she is impartial, saying the case may have been a setup as the Ombudsman tries to "have the best of both worlds."

"Yun nga ang kinakatakot namin baka setup ito e. With all due respect to the Ombudsman, we do not respect her anymore kasi duda na po talaga kami sa lahat ng ginagawa niya," Topacio said.

"Gusto niya ipakita na kuno-kuno hindi siya biased by signing these cases. Akala niya malilinlang niya ang taong bayan. This is an ingenious attempt to have the best of both worlds," he added.

Last week, Ombudsman Conchita Carpio Morales ordered the filing of graft and usurpation of authority charges against Aquino.  

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

Aquino is set to file a motion for reconsideration of the case on Wednesday. — RSJ/KVD, GMA News

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