SC lifts TRO on Mamasapano trial at Sandiganbayan

The Supreme Court has lifted the temporary restraining order it had issued on the Mamasapano trial at the Sandiganbayan.

The Sandiganbayan may now proceed with the trial of the case, high court spokesperson Brian Keith Hosaka said Wednesday.

Former president Benigno Aquino III faces graft and usurpation charges in connection with the Mamasapano clash that killed 44 Special Action Force commandos in 2015.

He was scheduled to be arraigned, but the SC issued a TRO halting the proceedings in the case in February last year, acting on a petition by relatives of two of the slain elite policemen.

Last June 24, while the TRO was still in effect, Ombudsman Samuel Martires moved to withdraw the graft and usurpation charges against the former president.

Martires said he had reviewed the Ombudsman resolutions dismissing charges against Aquino, former Philippine National Police chief Alan Purisima and former SAF chief Getulio Napeñas for reckless imprudence resulting in multiple homicide and found “no sufficient ground and evidence” to charge Aquino for graft and usurpation of official functions.

The reviewed resolutions were made by Martires' predecessor, retired Ombudsman Conchita Carpio Morales, an Aquino appointee. Martires was appointed by President Rodrigo Duterte.

However, the Sandiganbayan decided not to take action on the Ombudsman's motion at the time because the TRO was still in place then.

No comment

Malacañang declined to comment on the action taken by the SC, which belongs to a co-equal branch of government.

“In accordance with the policy that has long been practiced by this administration, we refuse to comment on the action undertaken by the Supreme Court, which belongs to a separate and independent branch of government from ours. We cannot and we do not intend to interfere with the functions of other branches which are distinct from the Executive,” presidential spokesperson Salvador Panelo said.

Panelo said President Rodrigo Duterte and and his administration “will always give deference to and uphold the rule of law regardless of the political and social stature of those involved in cases pending before the judiciary.”

The Palace spokesman added they believe the Office of the Ombudsman and the Sandiganbayan can tackle the matter with independence pursuant to their respective mandates.

“As these institutions afford each citizen his or her constitutional guarantees under the Bill of Rights, we expect the latter to respect the proceedings and bow to the majesty of the law. We will, as usual, let the law take its course,” Panelo said. — RSJ, GMA News