SolGen urges SC to order filing of homicide raps vs. Aquino

Solicitor General Jose Calida on Thursday urged the Supreme Court (SC) to order the Office of the Ombudsman to file homicide charges against former President Benigno Aquino III and two former police officials in connection with the bloody Mamasapano encounter three years ago.

Calida, in a manifestation, backed the petition filed by two relatives of elite policemen who were killed in the clash with Moro rebels.

He asked the SC to nullify the Ombudsman's decision that dismissed the reckless imprudence resulting in multiple homicide charges the petitioners had filed against Aquino, former Philippine National Police chief Alan Purisima, and former Special Action Force director Getulio Napeñas Jr.

The top government lawyer also urged the high court to stop the arraignment of Aquino, Purisima, and Napeñas before the Sandiganbayan Fourth Division on February 15. 

"Absent any injunctive relief, the arraignment for those charges will proceed as scheduled. Thus, the State runs the risk of waiving its right to prosecute the respondents for the proper crime," the manifestation read. 

Aquino, Purisima and Napeñas were indicted by the Ombudsman last year for usurpation of official functions under Article 177 of the Revised Penal Code and violation of Section 3(a) of the Anti-Graft and Corrupt Practices Act, which bars the act of persuading a public officer to violate rules and regulations.

Calida disagreed with the indictments, saying the Ombudsman's act of dismissing the charges for reckless imprudence resulting in multiple homicide was a "wanton disregard of the sufficiency of evidence to form a belief that a crime has been committed."

"The Ombudsman should not have decided whether there is evidence beyond reasonable doubt of the guilt of the person charged," the manifestation stated.

Calida said Aquino "acted with inexcusable negligence" in the implementation of Oplan Exodus, the operation against Malaysian bomb maker Zulkifli Bin-hir alias Marwan and Filipino bandit leader Basit Usman on January 25, 2015.

"As the Philippine National Police is under the Department of the Interior and Local Government, the President, as the Chief Executive, exercises supervision and control over it. Thus, given that the President gave the policy direction to arrest Marwan and Usman, and that he approved Oplan Exodus with full knowledge of its operational details, the Chief Executive is ultimately responsible for the success or failure of the mission," the solicitor general said.

"In the Senate report on the Mamasapano incident, Purisima and Napeñas admitted such full participation and approval of respondent Aquino. The Senate findings were corroborated by the findings of the PNP-Board of Inquiry," he added.

Calida said Aquino also allowed then suspended PNP chief Purisima to participate in the planning and execution of the anti-terror operation.

Sixty-seven people, including 44 elite cops, 18 Moro fighters and five civilians, were killed when the policemen encountered the armed groups while they were retreating from an operation aimed at neutralizing two terrorists in Mamasapano, a town reportedly under the control of Moro Islamic Liberation Front (MILF).

The anti-terror assault killed Marwan, a suspect in the 2002 Bali bombings.

Marwan's right-hand Filipino bomber, Usman, managed to escape but was later on killed in May 2015 by Moro rebels.  —NB, GMA News