AQUINO CHARGED OVER MAMASAPANO
Usurpation of authority, graft charges filed against Aquino for allowing suspended police chief to play a major role in the Mamasapano operation.
The Ombudsman has ordered the filing of usurpation of authority and graft charges against former President Benigno Aquino III over the Mamasapano incident that killed, among others, 44 Special Action Force (SAF) men.
Ombudsman Conchita Carpio Morales approved a resolution Friday recommending that Aquino be charged for allowing then suspended Philippine National Police (PNP) chief Alan Purisima to play a major role in the Mamasapano operation on January 24, 2015.
Aquino is charged with usurpation of authority in violation of Article 177 of the Revised Penal Code and violation of Section 3(a) of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019).
Purisima and SAF Director Getulio Napeñas were named as co-conspirators.
In the resolution, Morales stated that “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 anomalous Werfest deal).”
Despite this, SMS (text) exchanges between Aquino and Purisima showed that the suspended police chief played a major role in the botched operation.
“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 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,” reads the Consoli- dated Resolution.
Under Article 177 of the Revised Penal Code, usurpation of authority is committed by any person who shall perform any act pertaining to any person in authority or public officer of the Philippine Government without being lawfully entitled to do so.
Section 3(a) of the anti-graft law provides that it shall be unlawful for any public officer to persuade, induce or influence another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority.
On January 24, 2015, around 400 SAF operatives carried out Oplan Exodus to serve warrants of arrest against internationally-wanted terrorists, Zulkifli Bin Hir alias Marwan and Ahmad Akmad Uson in Mamasapano, Maguindanao.
Among others, 44 SAF troopers died.