Ombudsman: Aquino not liable in Mamasapano clash, SAF 44 deaths

Central Office of the Ombudsman Building, Agham Road, North Triangle Diliman, Quezon City
(Photo from Wikipedia/Judgefloro)

MANILA – President Benigno “Noynoy” Aquino III has been cleared of any liability on the deaths of the 44 Philippine National Police-Special Action Force (PNP-SAF) commandos in the gruesome Mamasapano clash with Moro rebels earlier this year.

The Office of the Ombudsman’s team of fact-finding investigators has not found any criminal or administrative offenses Aquino may have committed in the said incident.

The Field Investigation Office (FIO), however, recommended filing charges of neglect of duty against dismissed PNP chief Director General Alan Purisima, former PNP-SAF commander Director Getulio Napeñas, Chief Superintendent Noli Taliño, Senior Superintendents Abraham Abayari, Rey Ariño, Richard dela Rosa, Michael John Mangahis, Edgar Monsalve and Raymund Train and Senior Inspector Recaredo Marasigan.

Purisima, Napeñas and Chief Superintendent Fernando Mendez Jr. also faced charges of usurpation of official functions and the violation of Section 3(a) of Republic Act 3019 penalizing acts 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, or allowing himself to be persuaded, induced or influenced to commit such violation or offense.’

“[They] convinced one another to commit a violation of the law as what happened in the conduct of operation under Mamapasano,” Assistant Ombudsman Asryman Rafanan said.

Purisima allegedly broke the chain of command for getting involved in the Mamasapano operation, in its planning and implementation, despite being put under preventive suspension.

PNP acting chief Leonardo Espina and Interior Secretary Manuel “Mar” Roxas II, on the other hand, were not earlier informed of the said operation.

Aquino, for his part, allegedly permitted suspended Purisima to participate in the operation but also ordered coordination with the military and other concerned parties.

“The Office motu propio (on its own) looked into the allegations of the reports of the participation of the President,” Rafanan said.

“Whatever participation the President may have had in the Mamasapano incident does not amount prima facie to a criminal offense, neither was his participation analogous to any of the impeachable offenses,” he added.

The slain 44 SAF troopers were ordered to capture international terorrists Zulkifli bin Hir alias Marwan and Akmad Ahmad Batabol alias Basit Usman who were purportedly in Mamasapano, Maguindanao.

Although Marwan was killed, the SAF commandos were caught in a firefight with Muslim rebels afterwards, killing the policemen, some rebels and civilians.