Noynoy Aquino a no-show at Sandiganbayan, seeks dismissal of Mamasapano case

Former President Benigno "Noynoy" Aquino III did not show up at the Sandiganbayan on Friday and instead sought the dismissal of his criminal case over his alleged role in the Mamasapano massacre in 2015.

Aquino, through his lawyers, filed a 39-page motion to quash at the Fourth Division. His arraignment has been tentatively reset to February 15 pending comments from the prosecution.

Aquino’s legal counsel Romeo Fernandez said he advised the former chief executive not to attend the arraignment on Friday since their camp was given only short notice about the hearing for his motion.

"Ang alam lang namin motion to quash based on our information," Fernandez claimed.

A notice of arraignment of an accused is usually set on the day he posted bail.

Fernandez further said Aquino no longer needs to be present at the Fourth Division courtroom since his motion is the sole agenda.

"Oo kasi motion to quash lang. His presence is not required. The motion to quash has to be resolved first bago magkaroon ng arraignment," Fernandez told reporters.

Aquino is accused of violation of Section 3(a) of the Anti-Graft and Corrupt Practices Act and usurpation of official function under Article 177 of the Revised Penal Code.

The Offfice of the Ombudsman charged the former chief executive of influencing former Philippine National Police chief Alan Purisima, who was forced to defy his preventive suspension and the PNP chain of command, in planning the operation.

Last month, the Sandiganbayan approved the prosecution's move to consolidate Aquino's case with that of Purisima and former Special Action Force director Getulio Napeñas. 

Aquino had every right

However, Aquino argued in his motion that he had "every right and authority" to consult with Purisima as regards to Oplan Exodus—the police operation that neutralized wanted terrorist Zulkifli Bin Hir alias Marwan at the expense of the lives of 44 Special Action Force commandos.

Aquino said he had the right to violate the PNP chain of command being the commander-in-chief, even if he admits in court that he pursuaded Purisima to participate in the planning of Oplan Exodus.

"As former President and 'leader of the country's police forces,' Mr. Aquino was precisely at the very top of the chain of command. He could very well bypass the chain of command, or supersede the orders of a subordinate PNP (officer-in-charge)," the motion read.

Furthermore, Aquino said the utilization of Purisima's services, the instruction for him to receive reports and recommendations on the operation, and the easing out of then-PNP OIC Leonardo Espina and Interior and Local Government Secretary Mar Roxas from the operation were only his "lawful exercise of presidential powers."

"All of these acts fell squarely within Mr. Aquino's powers, functions, and prerogatives as then president of the Philippines, and therefore, cannot be deemed as criminal acts," Aquino said in the motion.

"The instant informations, therefore, must be quashed for accusing Mr. Aquino of acts which are actually justified and legal under the circumstances," he added.

For his part, Fernandez explained that Aquino will not be convicted of the crime even if the prosecution successfully proves his criminal liability.

"Halimbawa na-prove lahat ng mga factual statements sa information, kahit ma-prove 'di magkakaroon ng conviction. That’s the basic premise of motion to quash," Fernandez said. —KG, GMA News