Sandiganbayan grants withdrawal of raps vs. Noynoy in SAF 44 cases

The Sandiganbayan has granted the motion of Ombudsman Samuel Martires to pull out graft and usurpation charges filed against former President Benigno “Noynoy” Aquino III, saying that the evidence at hand is not enough for the cases to proceed.

“Considering that the records of the present cases are bereft of any evidence that would merit further proceedings as against accused Aquino for the charges in violation of Section 3 of RA 3019 and usurpation of official functions under Article 177 of the Revised Penal Code, the Court finds that the dismissal of the said cases is indeed warranted,” the Sandiganbayan Fourth Division’s decision read.

Republic Act No. 3019 is the Anti Graft and Corrupt Practices Act.

The ruling, however, does not prevent government prosecutors from filing other charges against Aquino.

“Wherefore, premises considered, the subject motion to withdraw information is hereby granted. Accordingly, the criminal cases filed against Benigno Aquino III are dismissed without prejudice to the filing of the appropriate charges gains him,” according to the decision.

The same decision also released the cash bond and lifted the Hold Departure Order against the former President.

Martires earlier said that Aquino could not have usurped any authority because he was the highest elected official of the country at that time.

In January 2015, 44 members of the Special Action Forces (SAF) were killed by a combined force of Moro Islamic Liberation Front fighters and members of other rebel groups in the absence of coordination during police and military operations to arrest and capture terrorists Zulkifli bin Abdul Hir alias Marwan and Basit Usman.

It was later revealed that then-police chief Alan Purisima was heavily involved in planning the operation to capture Marwan and Usman even if he was serving a suspension order issued by then-Ombudsman Morales over his alleged involvement in an anomalous government contract with courier firm Werfast.

Marwan was killed in the operation. But Usman escaped, only to be killed by authorities in May 2015. —VDS, GMA News