Ombudsman orders Aquino charged over Mamasapano massacre

OMBUDSMAN Conchita Carpio-Morales has ordered the filing of criminal charges against former president Benigno Simeon Aquino III for his liability in the Mamasapano massacre.

In a resolution approved yesterday, Morales ordered the filing of charges against Aquino for usurpation of authority (Article 177 of the Revised Penal Code) and violation of Section 3(a) of the Anti-Graft and Corrupt Practices Act (Republic Act 3019).  Standing as his co-conspirators, are former National Police Director General Alan Purisima and Director Getulio Napeñas of the Special Action Force (SAF).

On Jan. 24, 2015, almost 400 highly trained commandos belonging to the elite SAF, unilaterally launched “Oplan Exodus” to serve standing warrants of arrest against internationally wanted terrorists Zulkifli Bin Hir a.k.a. Marwan and Ahmad Akmad Uson in Mamasapano, Maguindanao. In the ensuing firefight that lasted for several hours, 44 SAF troopers died in the line of duty.

According to the complainants, the criminal negligence of Aquino is based on several acts:

• participation and assistance in the planning of Oplan Exodus with gross and inexcusable negligence;
• approving the operation with full knowledge that it was flawed;
• for allowing suspended PNP Chief Purisima not only to participate in the planning, but also in the running of said operation and proving information and intelligence, thereby giving pseudo-legal power to a suspended official; and
• breach in the established norms inherent in a chain of command.

Morales stated that “there is no gainsaying that President Aquino was fully aware that the Office of the Ombudsman had placed Purisima under preventive suspension at that time [for the anomalous Werfest deal].”

Despite this, SMS exchanges between Aquino and Purisima showed that the suspended police chief played a major role in the botched operation.

“The fact remains that, at the time, particularly before and during the actual implementation of Oplan Exodus, Purisima was under preventive suspension, and that Purisima, despite being under preventive suspension, indeed played an active role in Oplan Exodus, as shown by all the record of SMS exchanges and findings in the Senate Committee Report on the Mamasapano incident, to the point that he was exercising a degree of authority and discretion over Napeñas and consequently, over the operation,” reads the consolidated resolution.

Morales stated that “certainly a public officer who is under preventive suspension in barred from performing any public functions and from meddling into the affairs of the government.   In other words, Purisima would not have been placed in such a position of continuing to conduct himself, in relation to Oplan Exodus, in a manner as if he was not under preventive suspension at that time, from his position as PNP chief, were it not for the complicity and influence of President Aquino.”