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Ombudsman okays probe vs. Purisima, Napeñas over Mamasapano incident
By ELIZABETH MARCELO and TRISHA MACAS, GMA News
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(UPDATED 5:48 p.m.) Ombudsman Conchita Carpio-Morales has approved the conduct of preliminary investigation proceedings against dismissed Philippine National Police (PNP) chief Dir. Gen. Alan Purisima and other police officials allegedly responsible over the bloody Mamasapano encounter that left over 60 people dead.
"Ombudsman Conchita Carpio-Morales approved the recommendation of the special panel of field investigators to initiate administrative adjudication and preliminary investigation against former Police Director Alan Purisima, Police Director Getulio Napeñas, Jr. and nine other police officers in relation to what is known as the Mamasapano incident," Assistant Ombudsman Asryman Rafanan said in a press conference on Wednesday
Rafanan said the order to conduct preliminary investigation and administrative adjudication against Purisima, relieved Special Action Force (SAF) Dir. Getulio Napeñas Jr. and nine other police officials came after Morales finished reviewing the report of the special panel of investigators from the Office of the Ombudsman Field Investigation Office (FIO).
In its report, the FIO has recommended the filing of administrative charge of grave misconduct and criminal charge of violation of section 3 (a) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act against Purisima, Napeñas and SAF Intelligence Group Director Senior Superintendent Fernando Mendez.
Rafanan explained that violation of section 3 (a) of RA 3019 involves "persuading and influencing other public officials to do an illegal act".
Rafanan said the FIO has also recommended the filing of a criminal charge of usurpation of official functions under Article 177 of the Revised Penal Code (RPC) against Purisima.
It has been earlier reported that Purisima was the one who led the planning and implementation of the PNP-SAF operation in Mamasapano town in Maguindanao aimed on January 25, 2015 at arresting three high-profile terrorists, including Malaysian bomb maker Zulkifli bin Hir alias Marwan
At that time, Purisima was under a preventive suspension by the Ombudsman in connection with a graft charge, which stemmed from an alleged anomalous contract the PNP entered into with a courier company.
Purisima has repeatedly denied the allegation.
The Ombudsman has recently ordered the dismissal of Purisima from service in connection with the alleged anomalous contract with a courier service company, Werfast Documentary Agency. Napeñas, meanwhile, has just retired from the PNP over the weekend after reaching the retirement age of 56.
Meanwhile, the FIO has also recommended the filing of administrative charge of neglect of duty against Purisima and Napeñas as well as the following police officials:
Senior Supt. Noli Taliño
Senior Supt. Richard Dela Rosa
Senior Supt. Edgar Monsalve
Senior Supt. Abraham Abayari
Senior Supt. Raymund Train
Senior Supt. Michel John Mangahis
Senior Supt. Rey Ariño
Senior Supt. Recaredo Marasigan
Rafanan said the fact-finding investigation stemmed from separate complaints filed by three private individuals as well as from a report of the Philippine Daily Inquirer Mindanao dated January 27, 2015.
The police operation in Mamasapano went awry after the SAF commandos were overpowered by the combined forces of the Moro Islamic Liberation Front (MILF), its splinter group Bangsamoro Islamic Freedom Fighters (BIFF), and some private armed groups in the area.
The SAF troopers killed Marwan during the operations but the two other terrorists managed to escape. A total of 44 SAF troopers perished from the incident.
No raps for PNoy, AFP officials
No raps for PNoy, AFP officials
Meanwhile, Rafanan confirmed that field investigators have also investigated the possible liabilities of some military officials as well as President Benigno Aquino III in the Mamasapano incident, but the group did not find sufficient ground to recommend the filing of charges against them.
“We can surmise that they were included in the investigation, but based on the report (of the FIO), no charges were recommended against them,” Rafanan said.
It has been earlier reported that Aquino on January 9, met with Purisima who was suspended at the time, Napeñas and Mendez to discuss the implementation of the Mamasapano operation.
Aquino had been widely criticized for allegedly allowing Purisima to participate in the planning of the operation.
“It is (our) office motu proprio to look into the participation of the President and the special panel found that whatever participation the President may have had in the Mamasapano incident does not amount prima facie to a criminal offense, neither was his participation analogous to any of the impeachable offenses,” Rafanan said.
Palace respects Ombudsman’s decision
Communications Secretary Herminio Coloma Jr. said Malacañang respects the Ombudsman’s decision to start an investigation on the police officials’ alleged liability over the botched Mamasapano operation.
“This is part of the legal process and we respect the actions of the Office of the Ombudsman as an independent constitutional body,” the Palace official said in a text message. — NB/RSJ, GMA News
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