Noynoy Aquino case on Mamasapano encounter raffled to Sandiganbayan Third Division

The criminal case of former President Benigno Aquino III has been raffled off on Friday to the Sandiganbayan Third Division, a division chaired by his appointee, Presiding Justice Amparo Cabotaje-Tang.

Sitting as special member of the Third Division is another Aquino appointee (aside from Tang) Sixth Division chairperson Association Justice Sarah Jane Fernandez.  Also in the group is Associate Justice Bernelito Fernandez, an appointee of President Rodrigo Duterte.

Aquino appointed Tang as the anti-graft court's Presiding Justice in October 2013, and her division is no stranger to handling high profile cases.

The Third Division currently handles the PDAF scam case of former Senator Juan Ponce Enrile, the graft and malversation raps against former ARMM Governor Nur Misuri, and the case of father-and-son former Vice President Jejomar Binay and former Makati Mayor Junjun Binay over the alleged overpriced Makati City Hall parking building.

The Ombudsman formally charged Aquino on Wednesday for one count each of graft and usurpation of official function for his alleged role in the deadly encounter in Mamasapano, Maguindanao in 2015, where 44 police commandos were killed. 

Aquino has been accused of influencing Purisima, who was forced to defy his preventive suspension and the Philippine National Police chain of command, which at the time was under Acting PNP chief Leonardo Espina.

Purisima, according to the Ombudsman, gave instructions, received reports and recommendations, and approved the actions of PNP-Special Action Force (SAF) commander Gutulio Napeñas during the Mamasapano operation dubbed "Oplan Exodus."

"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 charge sheet reads.

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 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 fro a SAF team perished as they were moving out of the area.

Probable cause

Tang said the Third Division magistrates will determine the existence of probable cause against Aquino before issuing an arrest warrant.

"The records will be transmitted to the division to which the case has been raffled and the court, meaning the justices or members of the division will determine the existence or absence as the case maybe of probable cause. If there is probable cause the court will issue a warrant of arrest," Tang said.

"Otherwise, if the court does not find the existence of probable cause, it has two options – one, it may require the prosecution to submit additional evidence that will warrant the existence of probable cause, and two the court may just dismiss the case," she added.

Nonetheless, Tang said Aquino can post bail despite the absence of the warrant.

"When the accused appears before the court that means he is voluntarily submitting himself to the jurisdiction of the court. It may be exercised anytime provided that the case is bailable in nature," Tang said. —KG/LBG, GMA News