Noynoy arraigned today on Mamasapano case
Former president Benigno Aquino III is scheduled to be arraigned today on graft and usurpation cases in connection with the 2015 Mamasapano incident.
Based on the court calendar, Aquino will be arraigned before the Sandiganbayan Fourth Division together with his co-accused, former Philippine National Police Special Action Force (PNP-SAF) director Getulio Napeñas Jr., at 1:30 p.m.
Former PNP chief Alan Purisima, also a co-accused in the cases, was arraigned in
February last year and entered a not guilty plea.
The Fourth Division, however, cannot give a categorical answer on whether the scheduled arraignment will push through as records show that Aquino filed a motion to quash the cases on Jan. 4.
Staff members of the Fourth Division refused to furnish the media a copy of the motion as it has yet to be heard by the court. Aquino’s motion is also scheduled to be heard today.
Based on the rules of proceedings, the court must resolve any pending incident before it proceeds with the arraignment of the accused.
The Fourth Division’s records also show that Napeñas has a pending motion for reconsideration on the court’s earlier ruling finding probable cause to proceed with a full-blown trial of the cases.
Purisima, meanwhile, has a pending motion to dismiss the cases, which he filed after he was arraigned.
The cases against the three former officials involve one count each of violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices and usurpation of official functions under Article 177 of the Revised Penal Code.
The cases against Aquino were filed by the ombudsman last Nov. 8 while the cases against Purisima and Napeñas were filed in December of 2016.
The cases stemmed from Aquino’s alleged act of allowing then suspended PNP chief Purisima to participate in the planning and implementation of Oplan Exodus, a police operation aimed to neutralize Malaysian terrorist Zulkifli bin Hir, alias Marwan, and Filipino bomb maker Abdul Basit Usman.
The operation neutralised Marwan, but resulted in the death of over 60 people, including 44 members of the PNP-SAF.
Aquino’s cases were originally raffled off to the anti-graft court’s Third Division chaired by his appointee, Sandiganbayan Presiding Justice Amparo Cabotaje-Tang.
The Third Division, however, ruled in December last year to relinquish its jurisdiction over the cases and allow their transfer to the Fourth Division, which is handling the cases against Purisima and Napeñas.
The Fourth Division is chaired by Associate Justice Alex Quiroz, an appointee of former president and incumbent Pampanga Rep. Gloria Macapagal-Arroyo.
The Fourth Division is also composed of senior member Associate Justice Reynaldo Cruz and junior member Associate Justice Bayani Jacinto.
Cruz was appointed by Aquino in January 2016 shortly before the end of his presidency while Jacinto was appointed by President Duterte in May last year.