Sol-Gen wants charges revised vs Aquino, others on Mamasapano

THE OFFICE of the Solicitor-General (OSG) petitioned the Supreme Court (SC) on Thursday to have the Office of the Ombudsman file 44 counts of reckless imprudence resulting in homicide against former president Benigno S.C. Aquino III and other officials involved in the ill-fated Mamasapano police operation of Jan. 25, three years ago yesterday.

The said operation partially achieved its manhunt but at the cost of 44 slain police operatives in the hands of rebels of the Bangsamoro Islamic Freedom Fighters and mainly the Moro Islamic Liberation Front (MILF), which had a standing peace agreement with the government. The Mamasapano killings effectively scuttled the draft Bangsamoro Basic Law being sought by the MIlF.

Named respondents in Solicitor-General Jose C. Calida’s petition, besides Mr. Aquino, are dismissed National Police chief Alan L.M. Purisima, and former Special Action Forces Chief Getulio P. Napeñas, on whose watch, upon the instructions of Messrs. Aquino and Napeñas, the Mamasapano operation was carried out.

“Wherefore, People of the Philippines, through the [OSG] acting as People’s Tribune, respectfully pray unto this Honorable Court... to direct the Office of the Ombudsman to file forty-four counts (44) of reckless imprudence resulting in homicide against each of the respondents Aquino, Purisima, and Napeñas,” the petition read.

The petitioners, including the Volunteers Against Crime and Corruption (VACC), also asked the high court to order the Office of the Ombudsman to void its graft and usurpation of authority charges against Mr. Aquino and company.

The petition reads: “At bar, the acts of negligence of the private respondents clearly show that probable cause exists to indict them for reckless imprudence resulting in multiple homicide and that there is grave abuse of discretion on the part of the public respondent Office of the Ombudsman, specifically the manifest error and palpable mistake in its whimsical and despotic exercise of its prosecutory power by dismissing the charge of reckless imprudence against the private respondents, despite the presence of glaring facts and evidence.”

In his statement, Justice Secretary Vitaliano N. Aguirre II said, “While mindful of the security concerns involved in the trial of the case, we will pursue the quest for justice with dogged determination and perseverance.”

Mr. Aguirre is a cousin and former lawyer of Mr. Napeñas.

Presidential Spokesperson Herminio Harry L. Roque Jr., for his part, said: “Three years after the tragedy in Mamasapano, the cry for justice for our Fallen SAF 44 heroes remains elusive. President Rodrigo Roa Duterte does not wish a repeat of such a waste of lives and promising future of gallant Filipinos even as he vows to uncover the truth behind this botched operation and find a just closure for the bereaved families who lost a husband, father, brother, or son.” —