SAF 44 review to look into Noy criminal culpability

Whether the order was to stand down or US troops were allowed to intervene in a local police operation, President Duterte’s planned Truth Commission will review evidence that may hold former president Benigno Aquino III criminally accountable for the deaths of 44 police commandos in Maguindanao two years ago.

Chief presidential legal counsel Salvador Panelo explained that there is such a thing as criminal responsibility, other than command responsibility.

At the same time, Panelo rebutted the statement of former Aquino spokesman Edwin Lacierda who described as “not true” Duterte’s pronouncement that then presidential adviser on the peace process Teresita Deles had advised Aquino to stand down at the height of the crisis.

The 44 members of the police Special Action Force (SAF) were killed in an encounter with Muslim rebels during the operation to capture Malaysian bomb maker Zulkifli bin Hir, alias Marwan, on Jan. 25, 2015 in Mamasapano.

Marwan was killed in the operation, but the SAF commandos later encountered Moro Islamic Liberation Front (MILF) and Bangsamoro Islamic Freedom Fighters ( BIFF) rebels, resulting in the deaths of 44 police officers and 18 rebels.

Lacierda posted on his Twitter account that President Duterte is creating an alternative commission that will provide “alternative facts.” Panelo said denied this. “There are only facts as events unfolded, so we will have to determine exactly the circumstances surrounding the tragedy. That’s why (Duterte) created the commission,” he said.

Panelo explained that the creation of an independent commission “is precisely to determine the culpability of those involved.”

“There has been a Senate finding that the ultimate person responsible for that is former president Noy, P-Noy. It appears to us that there was no movement in that direction. So it’s about time that we put closure to this,” he said.

Panelo was referring to the decision of the Senate committee led by Sen. Grace Poe which found that the buck stops with Aquino, and recommended the filing of charges against concerned officials.

“There had been many speculations on who committed the wrongs, and how the wrong was committed. It’s about time that we determine the why and the wherefores of that tragedy,” Panelo added.

“Under the law, there is such thing as criminal responsibility. There is also the so-called reckless imprudence so we have to determine that. Exactly who are responsible and what is the extent of their responsibility, whether administrative or criminal… or civil liability,” Panelo said.

“The victims are crying for justice, and the President is responding to the cry,” he added.

In his dialogue with families of the slain SAF 44, Duterte vowed to bring justice for the commandos involved in the operation.

He also vowed to speed up the release of remaining benefits as the administration helps in the pursuit of justice for the victims.

Justice Secretary Vitaliano Aguirre II said yesterday that the reinvestigation on the death of the 44 SAF troopers in Mamasapano would finally determine if former president Aquino could be held liable for the massacre.

Aguirre said questions on the culpability of the former president is among the many unanswered questions that could now be answered through the creation of an independent commission to be led by a retired justice.

“Through this commission, we might find answers to the questions that were not answered in previous inquiries and maybe we can finally find the closure on these issues,” he said in an interview.

Among the issues to be tackled by the commission, according to Aguirre, are: did president Aquino give an order to stand down and not to reinforce the pinned down SAF troopers? Why was it that our artillery’s phosphorous rounds were fired only after most if not all of our SAF troopers have died?

“Last but most important of all, why were the mobile phones of all those involved in the planning and the directing of Oplan Exodus from president Aquino down to the officers not submitted for forensic examination? As far as I know, only General Napeñas immediately submitted his mobile unit to the CIDG for forensic examination,” the Department of Justice ( DOJ) chief added, referring to SAF chief Getulio Napeñas who led the operation.

Aguirre questioned why Aquino was still not included in the investigation of the Office of the Ombudsman even after his term ended and he lost immunity from suit.

“I really wonder why he was cleared right away when there was no thorough investigation yet. Now that he no longer has immunity, this should be investigated thoroughly,” he stressed.

Aguirre said he plans not to join the commission and inhibit from the probe because he served as lawyer of Napeñas, who was charged by the ombudsman before the Sandiganbayan along with former PNP chief Alan Purisima earlier this week.