GMA Brandtalk
Tracking
Archives
SAF 44 kin, VACC to ask SC to review Ombudsman’s decision downgrading Aquino liability
The mothers of two of the 44 Special Action Force commandos killed in the Mamasapano tragedy in 2015, assisted by the Volunteers Against Crime and Corruption, on Friday said they would ask the Supreme Court to review the Ombudsman's decision to "downgrade" the criminal liability of former President Benigno Aquino III in the botched operation.
The group is poised to file a petition for the writ of certiorari before the High Court against Ombudsman Conchita Carpio Morales, Aquino, former Philippine National Police Chief Alan Purisima, and former Special Action Force Director Getulio Napeñas, asking to "annul, reverse and set aside" the resolution that "dismissed" homicide charges against the mentioned officials.
The petition will ask the Supreme Court to "direct the Office of the Ombudsman to file forty-four (44) counts of Reckless Imprudence Resulting in Homicide" against the respondents.
The petitioners will also urge the high tribunal to stop the Office of the Ombudsman from conducting further proceedings on the case.
Named as the petitioners are Felicitas D. Nacino, Helen E. Ramacula, and the VACC.
In September, Morales indicted Aquino for graft and usurpation of authority over his alleged role in the botched anti-terrorist operation that led to the demise of the SAF 44. This charge, Topacio said, is a "weak" one in relation to the gravity of the incident.
"Yung usurpation of authority, napakadaling i-depensa niyan, ang depensa lang niyan ay 'The Chief Executive meaning President Aquino cannot usurp public authority because he is the Chief Executive.' All authority emanates from him. Anong usurpation?" he said.
The petition claimed the Ombudsman's decision was "issued with grave abuse of discretion amounting to lack or in excess of jurisdiction."
A petition for the writ of certiorari is a document filed with the high court asking for a review of a decision made by a lower court.
For the VACC, the Ombudsman's decision was made to "protect" Aquino, her appointing president.
"Para po sa amin, this was set up para ma-dismiss kung ito ay lilitisin ng Sandiganbayan, thereby protecting the former president from any sort of criminal liability for the death of 44 troopers doon po sa Mamasapano," Ferdinand Topacio, the group's legal counsel, said.
He described as "laughable" the Ombudsman's decision's reasoning for junking homicide charges against the former president.
"Parang sinabi mong hindi reckless imprudence resulting in homicide kapag nakasagasa ka, kasi ang pumatay (ay) yung kotse, hindi yung driver," he said.
He added that this petition could be used to support the impeachment complaint that the VACC and several lawyers are planning to lodge against the Ombudsman this month.
Topacio further said they were still completing the documentary requirements for the plea, but said the petition would be filed Monday next week if the paperwork does not get finished within the day.
This is not the first time the VACC has spoken out against Aquino's accountability in the operation in Mamasapano, Maguindanao, that was originally set up to capture international terrorist Zulkifli bin Hir (Marwan), who was eventually killed by government forces.
In July, the group filed a motion asking the Ombudsman to reconsider its decision finding no probable cause in the homicide charge against the former president, pointing out that the Senate report had particularly disclosed his knowledge of the operation.
The VACC also slammed the Ombudsman for "downgrading" the charges against Aquino to graft and usurpation of authority immediately after its resolution was released, and later, upheld.
Petitioners
Petitioner Ramacula lost her 27-year-old son, Police Officer 2 Rodel Eva Ramacula, in the Mamasapano clash on January 25, 2015.
Hailing from Northern Samar, she continues finding ways of seeking justice for her fallen son, such as the scheduled filing of their petition.
She and her youngest son traveled from their hometown — by land, because they were unable to get a plane ticket — to Manila at the height of the tropical depression earlier in the week.
She lamented the "slow" pace of the proceedings against the charged officials, considering that the Mamasapano clash happened three year ago.
More than 60 people, 44 of them elite policemen, perished in the supposed "misencounter." Ranking government officials including former President Aquino ended up being slapped with criminal charges.
Ramacula expressed disbelief that Aquino had only been charged with graft and usurpation of authority.
"Paano naman po magiging graft na 44 SAF yung namatay? Parang sinabi na lang nila, gusto nilang linawin na, wala kaming pakialam doon sa mga SAF, kasi bakit iisa lang yung pataw doon samantala naman po 44 po ang nawalan ng mga anak?" she said.
Ramacula said the families of the other 43 officers "will not give up" the fight to seek justice for their sons, spouses, or fathers.
She said she would defer to the wisdom of the magistrates whether or not to grant their request, but expressed hope they would be impartial in deciding on the petition.
"Siguro man, dapat nilang bigyan ng pansin yung aming hinanaing dahil kung sa para naman po sa amin, dapat wala po silang kikilangan," she said.
"Kung didinigin nila o hindi, wala po kaming magagawa kasi sila namang marurunong eh. Dapat po talagang bigyan nila kami ng panahon, yung nararapat po," she said. —KG/MDM, GMA News
