Ombudsman defends decision to junk raps vs Noynoy Aquino

Despite holding a grudge against former President Benigno Aquino III, Ombudsman Samuel Martires on Friday said he decided not pursue usurpation of authority and graft charges against Aquino because, as far as he was concerned, a president could never be liable for such raps.

“This court knows my grudge against the former President, but I have to set aside my personal differences with respect to my job. No President of Republic of the Philippines will ever be liable for usurpation. Anyone who would think otherwise should go back to the College of Law,” said Martires, who was defending his position before the anti-graft court.

“My feelings have nothing to do with my head. No President can usurp any official order. Even the 3019 [provision] on persuasion [won’t pass because] the president can call any civilian to assist, help him,” Martires argued further.

“Presidente ng Pilipinas ‘yun. Lahat ng power nasa kanya. Pati power ng barangay captain nasa kanya. Paano mag-uusurp ang President ng powers, kahit ng pulis, eh under sa kanya lahat ‘yun as commander-in-chief. Anong ni-uusurp niya?”

“This is a free country, anybody can file cases against the former President, but I hope that when they file these cases, they won’t use their heart. They should use their head,” Martires concluded.

Usurpation and graft criminal charges were filed against former President Aquino over the deaths of the 44 Special Action Force police commandos in 2015 during an anti-terrorism operation against Zulkifli bin Hir alias Marwan and Basit Usman in Mamasapano, Maguindanao.

Meanwhile, Martires' grudge against Aquino stemmed from the latter's dismay over the Sandigabayan Second Division’s decision to uphold the plea bargain deal with former army comptroller Carlos Garcia, which downgraded the criminal raps leveled against Garcia from P300 million plunder and money laundering, to indirect bribery and facilitating money laundering.

Martires was one of the judges of the Sandigabayan's Second Division.

Last week, Martires announced that he was withdrawing usurpation and graft charges against  Aquino due to lack of merit.

Homicide

Martires, however, added that it was still possible he would pursue homicide charges against the former president, even if his predecessor, former Ombudsman Conchita Carpio Morales, did not see fit to charge Aquino.

“I respect the decision of my predecessor, but if there is another [homicide] case that will be filed [before my office], we will have to investigate,” Martires said.

Martires, however, stressed that he would not file homicide raps against Aquino on his own or motu propio.

“Nakita mo na ba akong siraulo? Sa dami ng problema ko sa Office of the Ombudsman, mag motu propio pa ako kay President Aquino? Eh pine-personal ko na siya nun,” Martires said. — DVM, GMA News