Connect with us

News

SolGen asks SC to order filing of homicide raps vs. ex-Pres. Aquino

Published

on

Calida said that since 2003, or for the last 14 years and seven months, Sunvar has been squatting, illegally using and occupying the Mile Long property and despite notices, continued to remain in possession and collect millions of rentals from tenants. (PNA Photo)

FILE: Sol Gen Jose Calida (PNA Photo)

MANILA — The Office of the Solicitor General (OSG) on Thursday filed a manifestation before the Supreme Court (SC) seeking to order the Office of the Ombudsman to file homicide charges against former President Benigno Aquino III and former police officials over the January 2015 Mamasapano clash that resulted to the death of more than 60 people, including 44 members of the elite Philippine National Police-Special Action Force (PNP-SAF)

On the third anniversary of the bloody clash, Solicitor General Jose Calida and Presidential Anti-Corruption Commission Chairman Dante Jimenez – former chair of the Volunteers Against Crime and Corruption (VACC) -filed before the high court a manifestation in support to the petition filed by two relatives of the slain members of the police elite force.

“While the mandate of the OSG is to represent the government and its officers in this Honorable Court, the Court of Appeals and all other Courts or tribunals in all civil actions and special proceedings in which the government or any officer thereof in his official capacity is a party, it is also incumbent upon it to present to the Court the position that will legally uphold the best interests of the government although it may run counter to a client’s position, the Ombudsman’s in this case,” Calida said in his 45-page manifestation.

In November last year, the Office of the Ombudsman indicted Aquino for usurpation of official functions under Article 177 of the Revised Penal Code and violation of Section 3(a) of the Anti-Graft and Corrupt Practices Act.

Calida asked the SC to nullify the Ombudsman’s decision that dismissed the reckless imprudence resulting in multiple homicide charges the petitioners had filed against Aquino, former Philippine National Police chief Alan Purisima, and former Special Action Force director Getulio Napeñas Jr.

Aside from Aquino, he also wanted Purisima, and Napeñas be charged with 44 counts of reckless imprudence resulting in homicide.

They insisted that the liability of the respondents over the Mamasapano carnage was grounded on the faulty planning and execution of Oplan Exodus.

The said operation targeted terrorist and bomb-maker Zulkifli Abdhir alias Marwan, a Malaysian and Basit Usman.

On Jan. 25, 2015, the slain police commandos were deployed to Mamasapano to capture the said terrorists.

“In addition, respondent Aquino allowed suspended PNP Chief Purisima, not only to participate in the planning, but also in the running of the operation and even in giving information and intelligence whilst the operation was ongoing as he communicated with respondent Aquino via SMS on Jan. 25, 2015,” he added.

Calida further explained that it was criminally imprudent on the part of Aquino to acquire and leave the intelligence, planning, control and command of the operation to Purisima as he was suspended at the time and had no legal authority over the entire PNP.

“To iterate, respondent Aquino’s criminal negligence consists in his active participation and direct involvement in the whole process as he helped plan Oplan Exodus with gross inexcusable negligence and approved the whole operation with full knowledge,’ the solicitor general said.

He added that Purisima and Napenas both admitted in the Senate inquiry on the clash on the full participation and approval of the former president of the operation, adding that as President, Aquino is “ultimately responsible for the success or failure of the operation.”

Calida said the Ombudsman’s decision in dismissing the charges for reckless imprudence resulting in multiple homicide “is a wanton disregard of the sufficiency of evidence to form a belief that a crime for reckless imprudence has been committed.”

Calida pointed out that Aquino allowed Napeñas to push through with the operation under suspended Purisima.

“As the PNP (Philippine National Police) is under the DILG, the President, as the Chief Executive, exercises supervision and control over it. Thus, given that the President gave the policy direction to arrest Marwan and Usman, and that he approved Oplan Exodus with full knowledge of its operational details, the Chief Executive is ultimately responsible for the success or failure of the mission,” Calida added.

Aquino posted a PHP40,000 bail last November before the Sandiganbayan even if the anti-graft court has yet to issue an arrest order for him.

Aquino had insisted that the botched operation was not his fault and accused Napenas of disobeying his orders to coordinate with the military.

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Maria in Vancouver

Lifestyle2 days ago

How To Do Christmas & Hanukkah This Year

Christmas 2024 is literally just around the corner! Here in Vancouver, we just finished celebrating Taylor Swift’s last leg of...

Lifestyle1 month ago

Nobody Wants This…IRL (In Real Life)

Just like everyone else who’s binged on Netflix series, “Nobody Wants This” — a romcom about a newly single rabbi...

Lifestyle1 month ago

Family Estrangement: Why It’s Okay

Family estrangement is the absence of a previously long-standing relationship between family members via emotional or physical distancing to the...

Lifestyle3 months ago

Becoming Your Best Version

By Matter Laurel-Zalko As a woman, I’m constantly evolving. I’m constantly changing towards my better version each year. Actually, I’m...

Lifestyle3 months ago

The True Power of Manifestation

I truly believe in the power of our imagination and that what we believe in our lives is an actual...

Maria in Vancouver4 months ago

DECORATE YOUR HOME 101

By Matte Laurel-Zalko Our home interiors are an insight into our brains and our hearts. It is our own collaboration...

Maria in Vancouver4 months ago

Guide to Planning a Wedding in 2 Months

By Matte Laurel-Zalko Are you recently engaged and find yourself in a bit of a pickle because you and your...

Maria in Vancouver5 months ago

Staying Cool and Stylish this Summer

By Matte Laurel-Zalko I couldn’t agree more when the great late Ella Fitzgerald sang “Summertime and the livin’ is easy.”...

Maria in Vancouver5 months ago

Ageing Gratefully and Joyfully

My 56th trip around the sun is just around the corner! Whew. Wow. Admittedly, I used to be afraid of...

Maria in Vancouver6 months ago

My Love Affair With Pearls

On March 18, 2023, my article, The Power of Pearls was published. In that article, I wrote about the history...