SC urged to nullify Ombudsman decision on Noynoy's liability over Mamasapano clash

Two relatives of elite policemen who were killed in the bloody Mamasapano incident have asked the Supreme Court (SC) to nullify the decision of the Office of the Ombudsman in connection with the criminal liability of former President Benigno Aquino III.

The petition was filed on Monday, two days before the Office of the Ombudsman indicted Aquino for usurpation of official functions under Article 177 of the Revised Penal Code and violation of Section 3(a) of the Anti-Graft and Corrupt Practices Act before the Sandiganbayan.

In their petition, Felicitas Nacino, mother of Police Officer 2 Nicky Nacino Jr., and Helen Ramacula, mother of PO2 Rodel Ramacula, as well as the Volunteers Against Crime and Corruption (VACC), urged the SC to nullify the Ombudsman's decision that dismissed the reckless imprudence resulting in multiple homicide charges they had filed against Aquino, former Philippine National Police chief Alan Purisima, and former Special Action Force director Getulio Napeñas Jr.

The Ombudsman's decision was contained in the consolidated resolution dated June 13, 2017 and consolidated order dated September 5, 2017.

The petition also called on the high court to direct the Ombudsman to file reckless imprudence resulting in multiple homicide cases in court against Aquino, Purisima and Napeñas.

Named respondents to the petition were Ombudsman Conchita Carpio Morales, Aquino, Purisima and Napeñas. 

"In sending the PNP SAF to a high risk mission based on an operational plan that the Senate Report [on Mamasapano probe] aptly summed up as 'poorly planned and executed', 'intentionally broke the chain of command', 'was not followed to details', 'badly coordinated' and with 'badges of failure from the very start' herein respondents set into motion the chain of events that eventually led to the untimely death of the SAF 44," the petition read.

"[B]ased on the prevailing circumstances in this case, 'shooting by hostile forces' cannot be deemed as an efficient intervening event that broke the chain of events caused by respondents’ negligent acts considering that such external act ought to reasonably to have been foreseen in the planning of 'Oplan: Exodus,'" it added.

Manuelito Luna, counsel for VACC, expressed confidence the petition would not be rendered moot following the Ombudsman's filing of cases at the Sandiganbayan, saying the SC can still act on it.    

“It will not be mooted as the SC can always restrain the Sandiganbayan from further proceeding with the case against Aquino by issuing a temporary restraining order or preliminary injunction or nullify and set aside the action of the Office of the Ombudsman,” Luna said in a text message.

President Rodrigo Duterte had said the "silly" charges against Aquino seemed to have been designed to fail in court.

The President said he did not see anything wrong with Aquino consulting then suspended PNP chief Purisima about the execution of Oplan Exodus, the operation against Malaysian bomb maker Zulkifli Bin-hir alias Marwan and Filipino bandit leader Basit Usman on January 25, 2015.

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

Forty-four SAF troopers perished as they were moving out of the area. Eighteen Moro fighters and five civilians also died in the encounter.

“The President has control of all departments, Cabinet; control because he has the power to override or change or amend your order,” Duterte told reporters after the ceremonial turnover of the draft of the new Bangsamoro Basic Law in Malacañang on July 17.

The Ombudsman, however, accused Aquino of influencing Purisima, forcing him to defy his preventive suspension and the PNP chain of command which was then under PNP officer-in-charge and retired Deputy Director General Leonardo Espina.

The anti-graft body said Purisima gave instructions, received reports and recommendations, and approved the actions of Napeñas during the anti-terror operation.

"Aquino fully knew that Purisima was under preventive suspension from office and that it was Officer-In-Charge PNP chief Leonardo Espina who had the authority to oversee the preparation for and conduct of Oplan Exodus, to the damage of public interest," the case stated. —KBK, GMA News