(Eagle News) — The Office of the Ombudsman has ordered the filing of criminal charges against former President Benigno Aquino III for his alleged liability in the botched 2015 Mamasapano operation that saw more than 40 people, most of them members of the police’s elite Special Action Force, killed.
In a statement, the Ombudsman said Ombudsman Conchita Carpio Morales approved on Friday a resolution ordering the filing of charges against Aquino for violation of Article 177 of the Revised Penal Code, or usurpation of authority; and for violation of section 3(a) of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act.
Standing as Aquino’s co-conspirators are former Philippine National Police (PNP) Director General Alan Purisima and Director Getulio Napeñas of the SAF.
“There is no gainsaying that (former) President Aquino was fully aware that the Office of the Ombudsman had placed Purisima under preventive suspension at that time [for the anomalous Werfast deal]…,” Morales said in the statement.
Despite this, according to the statement, the resolution said Purisima “indeed played an active role in Oplan Exodus, as shown by all the record of SMS exchanges and findings in the Senate Committee Report on the Mamasapano incident, to the point that he was exercising a degree of authority and discretion over Napeñas and consequently, over the operation.”
“Certainly a public officer who is under preventive suspension is barred from performing any public functions and from meddling into the affairs of the government. In other words, Purisima would not have been placed in such a position of continuing to conduct himself, in relation to Oplan Exodus, in a manner as if he was not under preventive suspension at that time, from his position as (then-)PNP chief, were it not for the complicity and influence of (then-)President Aquino,” Morales said in the statement.
Closure
In a statement, Presidential Spokesperson Ernesto Abella said the Palace “respect(s)” the Ombudsman’s “constitutional mandate to investigate public officials.”
“The President (Rodrigo Duterte) recognizes the heroic sacrifice of the Philippine National Police – (SAF) 44 and it is his–and the nation’s–hope to finally bring justice to the victims and families of the Fallen 44 and put closure to the issue as part of the healing process,” he said.
Senator Panfilo Lacson, for his part, said he “feel(s)” for Aquino–his “friend and former colleague in the Senate”— as he “stands trial before a court of law.”
“I trust that he can ably defend himself,” he said.
“I can only urge him to get the best lawyers to handle his case. I join those who are praying that he will be able to withstand the pressure. I’ve been there myself and I know how it feels,” he added.
On January 24, 2015, almost 400 highly trained SAF commandoes launched Oplan Exodus to serve warrants of arrest against internationally wanted terrorists Zulfikli Bin Hir alias Marwan and Ahmad Akmad Uson in Mamasapano, Maguindanao.
They clashed with Bangsamoro Islamic Freedom Fighters and members of the Moro Islamic Liberation Front in the area for hours.
Forty four SAF troopers, 18 from the side of the MILF and the BIFF, and five civilians died.