Ombudsman affirms indictment of Noynoy Aquino over Mamasapano massacre

The Office of the Ombudsman has affirmed its indictment of former President Benigno Aquino III for graft and usurpation of authority over his alleged role in the anti-terrorist operation that led to the deaths of 44 Special Action Force (SAF) commandos in Mamasapano, Maguindanao in 2015.

In a 27-page consolidated order signed by Ombudsman Conchita Carpio Morales on September 11, the anti-graft office said it found "no cogent reason to reverse or modify the assailed resolution" after a fresh evaluation of the evidence.

"In sum, the finding of probable cause against President Aquino in relation to his participation in the violation of Article 177 of the Revised Penal Code (Usurpation of Official Functions) and Section 3(a) of [Republic Act] No. 3019 stands," the consolidated order read.

According to Abigail Valte, spokesperson of Aquino, the former President will meet with his legal team on Thursday afternoon to discuss the matter and determine the next course of action.

In July, the Ombudsman ordered the filing of criminal complaints against Aquino, former Philippine National Police chief Alan Purisima, and former SAF Director Getulio Napeñas.

Almost 400 SAF commandos 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.

Aquino had previously been cleared by the Ombudsman of homicide raps related to the incident. The Volunteers Against Crime and Corruption then filed a motion for reconsideration on the charges.

Aquino, in his motion for reconsideration, emphasized that he was only exercising his duty to maximize all government resources available to ensure the success of the operation.

The former chief executive also argued that the Ombudsman never gave him a chance to defend himself on the graft and usurpation charges.

More than a resource person

However, the Ombudsman said Purisima served more than a resource person since he was performing his official functions as then-PNP chief despite under being preventive suspension.

"Clearly, Purisima performed said acts under pretense of official position since he was already barred at the time from performing the functions of a PNP chief, thus without being lawfully entitled to do so as a result of the order of preventive suspension against him," the Ombudsman said.

"President Aquino’s act of utilizing the services of Purisima for Oplan Exodus under the aforesaid circumstances constituted an act of persuading, inducing or influencing another public officer to perform acts constituting a violation of the order of preventive suspension and a commission of usurpation of official functions," it added.

The Ombudsman further noted that while Aquino has the power to exercise his powers as president, this function should be used within the bounds of the law. In this case, follow the preventive suspension of Purisima. 

"Every public official and officer is expected under the law to fully comply with it, without any form of circumvention, run-around, equivocation or pretense. Obedience to the rule of law forms the bedrock of our system of justice," the Ombudsman said.

MR on homicide raps junked

Meanwhile, in the same consolidated order, the Ombudsman dismissed the motion of the VACC to reconsider the charge of reckless imprudent resulting to multiple homicide against Aquino.

"In addition to the absence of probable cause, the counsel’s theory that 44 counts of reckless imprudence resulting in homicide lie against respondents is clearly bereft of merit," Morales said.

The VACC had alleged that the Ombudsman disregarded jurisprudence when it found no probable cause against Aquino whereas the Senate committee report, counter-affidavits, and witness' testimonies showed that he was fully aware of the operation against Marwan.

But the Ombudsman said "certain points of [the] law concerning the quasi-offense of reckless imprudence, the careless act is single whether the injurious result affects one person or several persons, and criminal negligence remains one and the same and cannot be split into different crimes and prosecutions."

The case information is set to be filed before the Sandiganbayan. — With a report from Kathrina Charmaine Alvarez/RSJ/KG, GMA News