CIDG chief Magalong: We are not changing anything in BOI report

In an interview with reporters at the CIDG office in Camp Crame, Director Benjamin Magalong decried published reports indicating that he has "already cleared" Aquino of any liability over the Mamasapano incident following their meeting in Malacañang on Tuesday.

"That is a very irresponsible reporting. The reputation of the BOI and the PNP as a whole has been affected. Let us just stick to the facts, let us not spin words," said Magalong, who is also chief of the Criminal Investigation and Detection Group.

 

Magalong pointed out that PNP BOI report clearly stated that the President is not covered by the PNP chain of command rule as he has the prerogative to deal with any official of the PNP.

 

"Ang sinabi ko kahapon at siya rin namang sinabi namin sa BOI report, President Aquino did not violate the chain of command as he is not covered by it. But the findings of the report that the chain of command has been violated remains," Magalong said.

 

"We are just stating the facts here. Bakit may mga speculation na binabaliktad na namin ang BOI report? Wala po kaming binago at wala po kaming babaguhin. Hindi namin sisirain ang aming prinsipyo ... Maski ano pang pressure hindi na po mababago ang BOI report," he added. 

Magalong pointed out that he could have kept the BOI’S meeting with the president secret but he decided to inform the media about it for the sake of being transparent.

 

“Unang una, bakit ko binanggit yung pag-meet namin sa Presidente? Para maging truthful sa inyo. We would like to be very transparent sa inyo. Kasi naging very transparent din kami sa inyo sa aming imbestigasyon. Nakakalungkot na dahil lang sa isang interview (with the President) e lumabas na tuloy na parang lumambot ako, nag-retract ako. At parang lumalabas na binenta ko na ang aking prinsipyo,” a teary-eyed Magalong said.

 

Magalong pointed out that the BOI report clearly stated that “the President exercised his prerogative” to deal directly with then PNP Special Action Force (SAF) chief Dir. Getulio Napeñas regarding Oplan Exodus instead of PNP officer-in-charge Deputy Director General Leonardo Espina.

 

“The president is not part of the established chain of command of the PNP. Kung babasahin ninyo yung 2013 PNP Fundamental Doctrine, very clear that the  chain of command starts with the chief of PNP, the  president is not part of that (doctrine),” Magalong said.

 

“Kaya ano ang liability ni Pangulo? Wala. We just stated the facts.”

 

Magalong, however, stressed that such findings, which he reiterated to the media on Wednesday, “[do] not clear” Aquino of any possible liabilities.

 

In its conclusion, the BOI report said that “while the President has the prerogative to deal directly with any of his subordinates, the act of dealing with Napeñas instead of OIC-PNP Espina bypassed the established PNP Chain of Command.”

 

“He (Aquino) bypassed the chain of command. He dealt directly with General Napeñas. Now, based on the established standards of ethics, may kasalanan ba siya? Kayo na ang maghusga,” Magalong said.

BOI not created to determine president's liability

 

Magalong reiterated that the BOI is just a fact-finding body, created to know what really happened before, during and after the Mamasapano incident. Thus, determining the possible liabilities of Aquino, is not included in the scope of the investigation.

 

“It is not for us to determine yung liability ng Presidente. We are a fact-finding body. It’s for the other investigative agencies to determine kung ano yung liability niya. For us, we are just stating the facts,”Magalong said.

 

Magalong was also mum when asked on whether Aquino may also have liability for allowing the then suspended PNP chief Director Alan Purisima to participate in the planning and execution of Oplan Exodus, a highly-sensitive operation aimed at arresting high-value terrorists Zulkifli bin Hir alias Marwan, Abdul Basit Usman and Amin Baku, saying that he does not want to be misinterpreted again.

 

“I’ve learned my lessons, mas mabuti na you refer nalang to our conclusions,” Magalong said.

 

The BOI report said “the President allowed the participation of the suspended Chief Philippine National Police (CPNP) Police Director General Alan Purisima in the planning and execution of the Oplan Exodus despite the suspension order of the Ombudsman.”

 

Aquino's potential liability for such action was not discussed in the BOI report.

 

“Once and for all, uulitin ko sa inyo, hindi namin babaguhin yung nasulat nanamin sa report... Hindi namin papalitan yung conclusions namin, yung findings namin doon sa aming BOI report. We owe the SAF 44, we owe the families na mabigyan ng hustisya ang namatay na miyembro ng kanilang pamilya,” Magalong said.

 

Magalong also dismissed speculations that he is retracting the findings of the BOI report for his bid to become the next PNP chief.

 

“Kung iniisip ninyo na papalitan ko na yung resulta ng aming imbestigasyon dahil sa nagkaroon kami ng meeting (with the President), I do not. In fact, we  already sacrificed our own personal ambitions here. We’re no longer thinking of our career here,” Magalong said. — with Rose-An Jessica Dioquino/RSJ/JDS, GMA News