Ombudsman affirms graft raps vs. Purisima, Napeñas

The Office of the Ombudsman affirmed on Thursday its ruling finding probable cause to file graft and usurpation of authority charges against former Philippine National Police chief Alan Purisima and former Special Action Force (SAF) director Getulio Napeñas over the bloody Mamasapano operation in January 2015.

Purisima and Napeñas would also face administrative charges as they have been found liable for grave misconduct, gross neglect of duty and conduct prejudicial to the best interest of the service, the Ombudsman said.

Ombudsman Conchita Carpio-Morales denied the motions for reconsideration of the former PNP officials since they "deserve scant consideration."

Thus, Morales ordered the filing of information with the Sandiganbayan for violation of Republic Act 3019 and Usurpation of Authority or Official Function.

“Purisima’s active participation and supervision of Oplan Exodus despite the 10 December 2014 preventive suspension order of the Ombudsman and the 16 December 2014 cease and desist order of OIC-PNP Chief Espina both issued against him, violated the PNP chain of command and amounted to usurpation of official functions,” the Ombudsman said.

Meanwhile, "[Napeñas'] constant reporting and official dealings with Purisima, notwithstanding the latter’s suspension, and sans the knowledge and approval of then-OIC PNP Chief Espina, made him liable as a cohort of Purisima in usurping official functions.”

The police operation in Mamasapano on January 25 last year was meant to neutralize Indonesian terrorist Zulkifli bin Hir alias Marwan and Filipino bomb expert Abdul Basit Usman.

Forty-four police commandos were killed (later dubbed "SAF 44") in the widely criticized anti-terror operation in Maguindanao. Eighteen Moro Islamic Liberation Front (MILF) members and three civilians also died.

The SAF members were ambushed by members of the MILF, Bangsamoro Islamic Freedom Fighters and members of other armed groups in Mamasapano.

Alternative penalty

But since Purisima was dismissed from the service in June 2015 and Napeñas retired in July 2015, the alternative penalty of fine equivalent to their salary of one year was imposed, the Office of the Ombudsman said.  

They were also meted the accessory penalties of perpetual disqualification for reemployment in the government service, forfeiture of retirement benefits and cancellation of eligibility, it added.

It was in April of this year when the Ombudsman found probable cause to file charges against Purisima and Napeñas in connection with the bloody Mamasapano incident.

The two former police officials, however, filed their respective motions for reconsideration.

The Ombudsman said that “Napeñas’ plea of leniency on account of his 37 years of meritorious service in government cannot be countenanced by this Office considering that the penalty of dismissal from the service is an indivisible penalty.”

Usurpation of authority or official functions under Article 177 of the RPC pertains to performance of an act pertaining to any person in authority or public officer “under pretense of official position, and without lawfully being entitled to do so.”

Meanwhile, Section 3(a) of RA 3019 prohibits a public officer from persuading, inducing or influencing another public officer to perform an act constituting a violation of rules or regulations.           

The Mamasapano incident put in question the ongoing peace negotiation between the government and the MILF. It also eventually caused several lawmakers to withdraw support on the Malacañang-proposed Bangsamoro Basic Law (BBL) which would have paved the way for the creation of an autonomous political entity in Mindanao. —Joseph Tristan Roxas and Elizabeth Marcelo/KG/LBG, GMA News