Ombudsman had ‘accurate factual bases’ to charge Aquino – Aguirre

Justice Secretary Vitaliano Aguirre II said yesterday the Office of the Ombudsman had “accurate

factual bases” in the filing of criminal charges against former President Benigno Aquino III in the 2015 Mamasapano massacre where 44 policemen died.

“It’s a welcome development. The factual bases of the resolution are, by and large, accurate,” Aguirre said in a text message to journalists covering the Department of Justice (DOJ).

But Aguirre reserved his comment on the statements of the families of the 44 policemen that filed the criminal charges against Aquino and former Philippine National Police (PNP) chief Alan Purisima should have been reckless imprudence resulting in multiple homicide.

“I have to yet to fully read the Ombudsman’s resolution to give a well-studied opinion on the matter,” he said.

Last July 1, Ombudsman Conchita Carpio Morales approved a resolution which ordered the filing of criminal charges against Aquino, Purisima, and former PNP special action force (SAF) director Gertulio Napeñas Jr.

Instead of reckless imprudence resulting in multiple homicide as charged in the three complaints, the Ombudsman’s resolution found them liable for usurpation of authority under Article 177 of the Revised Penal Code and violation of Section 3 (a) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

Aquino was found liable for allowing Purisima, who was suspended at the time as PNP chief due to a graft case, to play a “major role” in the raid to neutralize Malaysian terrorist Zulkifli bin Hir alias Marwan and Filipino bomb maker Abdul Basit Usman.

The Ombudsman ruled that there was no probable cause to sustain the filing of reckless imprudence resulting in multiple homicide because the acts or negligence of Aquino, Purisima, and Napeñas were not the “proximate cause” of the death of the 44 SAF members.

But Aquino has rebutted the findings of the Ombudsman and said that there was misappreciation of the facts on the Mamasapano incident.

Aguirre said the filing of a criminal case against Aquino and Purisima was a vindication for Napeñas who was the client of the justice secretary before he assumed the top DOJ post.

“In fact, that was exactly his (Napeñas’) defense - that the liability was with higher officials and he was only following their orders,” he said.

Aguirre’s statement came even as Senate minority leader Franklin Drilon rejected a new Senate investigation into the Mamasapano tragedy, saying the Senate during the 16th Congress already made an exhaustive probe into the matter.

Drilon, who was the Senate President at the time the upper chamber launched a probe on the case, said the Senate committee on public order and dangerous drugs, then chaired by Senator Grace Poe, had already released a committee report finding Aquino ultimately responsible for the deaths of the 44 SAF men.

This was after Senator Richard Gordon, chair of the Senate blue ribbon committee, said he was mulling reopening the Mamasapano case, saying he was dissatisfied with the recommendation of the Office of the Ombudsman which indicted Aquino for his alleged liability in the massacre of the SAF troopers.

“Let’s not forget that there is already a committee report released (by Poe’s committee). Remember we held a lengthy hearing, and then it was reopened again. So what else should we do and open the case again, for what? In aid of legislation?” Drilon said in an interview over Radio DZBB.

But Drilon clarified he was not barring any committee which will express interest in reopening the case.

“To call for a hearing on the Mamasapano case is up to the majority bloc; they can outvote us in the minority. I am just expressing my opinion why there is no need for another hearing to serve the purpose. And there is already a case before the Ombudsman so any testimony there can be self-incriminatory,” Drilon said.

Gordon, in a separate interview over Radio DZBB, said he believed the Senate can still reopen the Mamasapano case since it has not been ultimately closed by the previous committee, which is now chaired by Sen. Panfilo “Ping” Lacson.

He also believed that the Ombudsman’s recommended charges against the former president were watered down. “I would have filed graver, multiple homicide through reckless imprudence,” he said.

And should he reopen the Mamasapano case, Gordon said he would call on Aquino to appear before the Senate to explain his side.

“Nobody will be exempted from this—he has to man up and face the consequences,” Gordon said.