Aquino arraignment reset to February 15

The arraignment of former President Benigno Aquino III Friday has been reset to February 15 because he has a pending motion to quash before the Sandiganbayan Fourth Division.

His lawyer, Romeo Fernandez, said Aquino did not show up at the arraignment because he was not notified.

Aquino was charged with graft Wednesday in connection with his involvement in the fouled up police operation which led to the deaths of police commandos in Mamasapano, Maguindanao, in 2015.

In a 39-page motion to quash, Aquino argued that the facts presented against him do not constitute an offense, and that the Ombudsman had no authority to file the charge.

He said his actions, as indicated in his charge sheet, do not constitute the felony of usurpation because he did not act with "deliberate use of a falsehood."

Aquino was charged with usurpation for coordinating with former Philippine National Police (PNP) Chief Director Alan Purisima to execute Oplan Exodus even though Purisima was suspended.

At the same time, the information does not state what pretenses, devices, fraud or deception employed by Aquino in "causing" Purisima to act as PNP chief during the planning and implementation of Oplan Exodus, the motion stated.

As for his graft charge, Aquino said his actions do not really constitute the offense of "persuading, inducing, or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter."

He said his actions all fall within a president's prerogative as Chief Executive under Article VII of the Constitution, which gives him power of control over all executive heads, departments, bureaus, and offices.

Assuming he did persuade or induce Purisima to violate the PNP Chain of Command, Aquino said it could not have "resulted in any offense” because as the leader of the country's police forces he could very well bypass the Chain of Command.

The charges were filed in total disregard of his right to be properly informed of the nature and cause of the crimes for which he was found probably guilty, the motion stated.

It continued: "The Ombudsman blatantly disregarded Aquino's right to be informed when, in a mere investigation for Reckless Imprudence Resulting to Multiple Homicide, it found probable cause to charge Aquino for two totally different offenses that Aquino never contemplated in his defense – Usurpation of Official Functions under Article 177 of the RPC and Violations of Section 3(a) of RA 3019."

Because he was not properly informed, Aquino was unable to "suitably prepare" his defense during the preliminary investigation, the motion noted.