Purisima, Napeñas face usurpation, graft raps.

The Office of the Ombudsman yesterday filed charges against former Philippine National Police (PNP) chief Alan Purisima and former Special Action Force (SAF) director Getulio Napeñas over the Mamasapano clash.

Assistant Special Prosecutor Reza Casila-Derayunan accused Purisima and Napeñas of usurpation of public functions and graft.

Preliminary investigation showed that Purisima and Napeñas coordinated a top level meeting with officers of the Armed Forces of the Philippines for the Mamasapano operation, dubbed as Oplan Exodus, despite Purisima’s preventive suspension stemming from his graft case over an anomalous courier deal of the PNP.

According to court records, Purisima ordered the SAF to conceptualize the operation to arrest Zulkifli bin Hir, alias Marwan, in Mamasapano on Jan. 25, 2015. Purisima also ordered Napeñas to brief then president Benigno Aquino III about the operation.

After the SAF killed Marwan, members of the Moro Islamic Liberation Front and Bangsamoro Islamic Freedom Fighters attacked the SAF troopers, resulting in the massacre of 44 SAF commandos.

The Office of the Ombudsman said that “during the period of Purisima’s suspension, he had no authority to perform the duties and functions, much less supervise and/or participate in the conceptualization, mission planning and execution, of a high-risk police operation.”

Ombudsman Conchita Carpio-Morales said that Purisima should have given the details of Oplan Exodus during the turnover of his duties and functions to PNP officer- incharge Leonardo Espina.

“Purisima, then the chief of the PNP, induced Napeñas and the latter as well allowed himself to be persuaded to violate the PNP Chain of Command and the preventive suspension order issued by the ombudsman as well as then PNP officer- in- charge Leonardo Espina’s order to cease and desist from performing functions of their respective offices,” Derayunan said.

“A preliminary investigation was conducted; and that there is sufficient evidence to engender a well-founded belief that the crime charged has been committed; and that the accused are probably guilty thereof,” she added.