Ombudsman charges Aquino over SAF 44

FILE: Former President Noynoy Aquino (Photo by Lauro Montellano, Jr. / Malacañang Photo Bureau)

The Office of the Ombudsman filed criminal charges against former president Benigno Simeon “Noynoy” Aquino III on Wednesday over the Mamasapano incident in 2015.

Aquino is facing accusations for violating Section 3 (a) Republic Act 3019 otherwise known as the Anti-Graft and Corrupt Practices Act and Usurpation of Official Functions, defined and penalized under Article 177 of the Revised Penal Code. These were all filed before the anti-graft court Sandiganbayan at 9:43 a.m.

In September, the Ombudsman denied Aquino’s appeal for dropping the charges filed against him.

According to the Ombudsman, “Any negligence during the planning, preparation and actual implementation of Oplan Exodus was subsequently broken by the occurrence of an efficient intervening cause.”

(Read: Ombudsman affirms charges vs former president)

It was in July when the former Chief Executive filed his motion for reconsideration. In the same month, the Ombudsman cleared Aquino from homicide charges, but reiterated that he was still liable for the fallen Special Action Force (SAF) 44.

Aquino defended himself by pointing, “To stress, there is nothing irregular, much less illegal, about my act of utilizing all the resources available at my disposal, including the sourcing information and inputs from anyone – whether they are in active service or not.”

The charges were filed under the terms that the former president “willfully, unlawfully, and criminally persuaded, induced, or influenced Alan la Madrid Purisima, then the Chief of the Philippine National Police (PNP) to perform and exercise his function” during Oplan Exodus.

During that time, Purisima was facing a six-month suspension of his duties and functions through former PNP Officer-in-Charge (OIC), Retired Deputy Director Leonardo Espina’s Special Order No. 9851, in relation to the alleged misuse of gun owners’ courier fees.

Oplan Exodus was conducted from January 24-26, 2015, while the suspension order was dated on December 10, 2014.

The Mamasapano incident cost the lives of 44 SAF members who were in an operation to capture or kill Malaysian terrorist Zulkifli Abdhir.