Ombudsman orders graft, usurpation charges vs PNoy over Mamasapano

Ombudsman Conchita Carpio Morales on Friday ordered that graft and usurpation charges be filed against former President Benigno Aquino III, former Philippine National Police (PNP) Director General Alan Purisima, and Director Getulio Napeñas of the Special Action Force (SAF) for their involvement in the Mamasapano, Maguindanao incident that claimed the lives of 44 SAF men.

In a resolution, Morales directed that charges of violation of Article 177 of the Revised Penal Code (Usurpation) and Section 3(a) of RA 3019, the Anti-Graft and Corrupt Practices Act, be filed against them with the Sandiganbayan, for Oplan Exodus, which was carried out on the

eve of January 24, 2015.

It was because of Aquino’s orders that Purisima, despite being suspended at the time, worked together with Napeñas and led around 400 SAF troopers in implementing the plan to arrest wanted terrorist Zulkifli Bin Hir alias “Marwan” and Ahmad Akmad Uson in Mamasapano.

Although the operation led to the death of Marwan, over other 60 people lost their lives, including 44 SAF men.

Morales said that that the charge of usurpation against Aquino is based on his participation and assistance in planning Oplan Exodus, which was carried out with “gross and inexcusable negligence.” He gave Purisima the go signal to carry out the operation even with “full knowledge” that it was flawed. He gave “pseudo-legal” powers to Purisima despite the latter’s suspension, therefore interfering with the established chain of command of the PNP.

“There is no gainsaying that President Aquino was fully aware that the Office of the Ombudsman had placed Purisima under preventive suspension at that time (for the Werfast courier deal),” Morales said in the resolution.

The former president’s involvement was evident in the text messages he sent to Purisima, said Morales. Because of his orders, Purisima enjoyed the powers of his position despite his suspension.

“The fact remains that, at the time, particularly before and during the actual implementation of Oplan Exodus, Purisima was under preventive suspension, and that Purisima, despite being under preventive suspension, indeed played an active role in Oplan Exodus, as shown by all the records 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,” the resolution reads.

It said Aquino ignored Purisima’s suspension and the former PNP chief probably would not have continued his plans with Oplan Exodus and maintained his powers as police chief, “were it not for the complicity and influence of President Aquino.”

This will be Aquino’s first charge before the Sandiganbayan. Purisima and Napeñas are already facing graft and usurpation charges before the Sandiganbayan Fourth Division in relation to the same incident.

Duterte vows justice Following the Ombudsman order to file charges against former President Aquino, Malacañang said President Duterte is committed to help attain justice for the victims of the Mamasapano tragedy.

Presidential spokesman Ernesto Abella said they respect the Ombudsman’s decision to order the filing of charges against former President Aquino over the Mamasapano incident. “We respect the Ombudsman’s constitutional mandate to investigate public officials,” Abella said.

“The President recognizes the heroic sacrifice of the Philippine National Police-Special Action Force 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,” Abella added.

In January, President Duterte met with the families of the slain policemen in Malacañang and promised to pursue truth and justice over the disastrous anti-terror operation. He expressed dismay over Aquino’s handling of the operation in Maguindanao. He said it was not enough for Aquino to admit his fault; he must also tell the public how the operation went down.

Duterte proposed then a seven-man commission to look into the inciden and the investigations made by Congress, but he later dropped the plan to avoid conflict with the Ombudsman’s probe.

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Meanwhile, Sen. Panfilo M. Lacson, chairman of the Senate Public Order and Dangerous Drugs Committee and former Philippine National Police (PNP) chief, urged former President Aquino to get the best lawyers to get past charges of graft and usurpation of authority that would now be filed before the courts.

“As a friend and former colleague in the Senate, I feel for former President Aquino as he stands trial before a court of law. I trust that he can ably defend himself,” Lacson said.

Both Lacson and Aquino served in the Senate from 2007 to 2010 in the 14th Congress.

“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 said.

Lacson had fled the country to evade charges leveled against him by the Arroyo administration, arising from the death of former publicist Salvador “Bubby” Dacer during the Estrada administration but was acquitted by the Court of Appeals. (With reports from Genalyn D. Kabiling and Mario B. Casayuran)