(Eagle News) — The Office of the Ombudsman has affirmed its June 13 resolution ordering the indictment of former President Benigno Aquino III for graft and usurpation of authority–but junking his indictment for homicide–over the Mamasapano incident in 2015.
This was after the anti-graft body denied Aquino’s July 18 motion for partial reconsideration, and the Volunteers Against Crime and Corruption’s consolidated motion for reconsideration of that resolution.
In its 27-page consolidated resolution signed on Sept. 11, the Ombudsman said it “finds no cogent reason to reverse or modify the assailed resolution” after a “considered evaluation of the arguments” raised by Aquino and the VACC “vis a vis the evidence on record.”
It said “no new evidence has been presented to warrant a reversal” of the finding of lack of probable cause for reckless imprudence resulting in homicide, as asked for by the VACC.
“Neither was there a showing of grave errors of facts or laws or serious irregularities prejudicial to the movants,” the Ombudsman said.
Probable cause for graft, usurpation of authority
In affirming Aquino’s indictment for graft and usurpation of authority, on the other hand, the Ombudsman denied Aquino’s allegation his “right to be informed of the nature and cause of the accusation against him” had been violated because of the “finding of probable cause against him for offenses that are separate, distinct and different from the offense stated in the complaints.”
According to the Ombudsman, Article III, Section 14(2) of the 1987 Constitution provides, among others, that it is the accused who “shall be informed of the nature and cause of the accusation against him.”
As such, it said Aquino “cannot demand the exercise of this constitutional right at this stage of the proceedings because he is… a mere respondent..”
It added the former President was “accorded the opportunity to be heard during the conduct of the preliminary investigation.”
“Replete with allegations”
According to the Ombudsman, the complaints for usurpation of authority and graft are”replete with allegations..regarding the violation of the order of preventive suspension” issued against then-Philippine National Police Chief Alan Purisima, “contrary to President Aquino’s asseveration that ..the complaints do not contain the allegations necessary to support the offenses…”
It was Purisima whom Aquino tapped to oversee the entire operation aimed at capturing terrorist Zulfikli Bin Hir.
The Ombudsman said the finding of probable cause for graft and usurpation of authority against Aquino was “founded on (this) violation and utter disregard of the order of preventive suspension.”
Barred
As for Aquino’s argument that he could consult with Purisima because he had not been stripped off his title, the Ombudsman said that even if this was the case, “(the then-PNP chief) was barred from performing the functions of his office in view of the standing order of suspension issued against him.”
“That (former) President Aquino utilized the services of the preventively suspended Purisima for Oplan Exodus, prior to and during its implementation, thereby giving Purisima an active role (in the operation) …is the crux of the finding of probable cause against Aquino in relation to his participation in the violation of Article 177 of the Revised Penal Code and Section 3(a) of RA No. 3019,” the Ombudsman said.
In a text message, Abigail Valte, Aquino’s spokesperson, said the former President’s lawyers would meet this afternoon to discuss his next legal action.
