SAF 44: Purisima, Napeñas indicted

MANILA, Philippines – The Office of the Ombudsman has found probable cause to file criminal charges before the Sandiganbayan against former Philippine National Police chief Alan Purisima and former PNP Special Action Force chief Director Getulio Napeñas for their roles in the Jan. 25, 2015 Mamasapano operation that left 44 elite SAF commandos dead.

Probers said Purisima and Napeñas should be held liable for violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and usurpation of authority under Article 177 of the Revised Penal Code.

The ombudsman said the complaints against the other PNP officials – Fernando Mendez Jr., Noli Taliño, Richard dela Rosa, Edgar Monsalve, Abraham Abayari, Raymund Agustin Train, Michael John Mangahis, Rey Ariño and Recaredo Marasigan – were ordered dismissed.

Based on the complaints filed by the Office of the Ombudsman’s Field Investigation Office (FIO), Purisima was charged for usurping official functions and for violating the chain of command when he actively participated in the mission planning and execution of Oplan Exodus despite serving a preventive suspension order over a different case.

Napeñas, on the other hand, was considered as the former PNP chief’s cohort for taking orders from a suspended official without the knowledge and approval of then PNP officer-in-charge Leonardo Espina.

The 44 SAF commandos were part of a police anti-terror unit dispatched to Mamasapano, Maguindanao to arrest Malaysian terrorist Zulkifli bin Hir, alias Marwan, and his cohort Basit Usman in Barangay Tukanalipao.

Marwan was killed in the operation but the 44 commandos were killed during the encounter with members of the Moro Islamic Liberation Front (MILF), Bangsamoro Islamic Freedom Fighters and private armed groups in Mamasapano.

During the investigation, Purisima claimed “during his preventive suspension, there was never any explicit representation that he was acting as the chief, PNP.” 

Napeñas, for his part, told ombudsman investigators “Oplan Exodus was a high-combat operation incapable of perfect execution.”

Ombudsman Conchita Carpio Morales, in her 40-page decision, ruled “during the period of Purisima’s suspension, he had no authority to perform the duties and functions, much less supervise and/or participate in the conceptualization, mission planning and execution of a high risk police operation.”  

She said, “Purisima was sending the unwritten yet visible message that he was, albeit he was not authorized to act and function as chief, PNP.”  

Morales added that “if Purisima had an iota of respect for the PNP chain of command, he should have informed, at the very least, the details of the Plan Exodus during the turnover of his duties and functions to OIC-PNP chief Espina.”

As for Napeñas, the Office of the Ombudsman ruled that “by taking orders from the suspended Purisima, [it] can be construed as an act in agreement to commit the crime of usurpation of official functions with Purisima.”

“[Napeñas’] justification to heed such order — that Purisima was the Commander-in-Chief’s most trusted man and was allowed by the President to participate in the planning and execution of the Oplan — does not lie,” Morales said.

The Office of the Ombudsman said the charge for violation of Section 3(a) of RA 3019 stands “as Purisima wielded his power and influence as chief, PNP to induce Napeñas, who willingly allowed himself to be so induced, to violate the PNP chain of command, by giving instructions to, receiving recommendations from and approving the actions of Napeñas.”

Records of the probe show that based on documents and evidence reviewed by the panel of investigators, the PNP-SAF submitted to Purisima the concept of operations for Oplan Terminator I and II, targeting bomb expert Marwan, in November 2014. 

The following month, the Office of the Ombudsman issued an order directing Purisima’s preventive suspension effective from Dec. 9, 2014 to June 10, 2015 relative to the WERFAST courier service contract anomaly in connection with the delivery of gun permits.

Despite his preventive suspension, Purisima, along with Napeñas, coordinated a top-level meeting with officers of the Armed Forces of the Philippines relative to Oplan Exodus with the planning proper starting on Dec. 23, 2014.

In January 2015, Napeñas allegedly sent a text message to Purisima requesting a meeting to discuss the report on operations and on Jan. 9, Purisima and Napeñas proceeded to Malacañang to provide the President with mission updates and a new concept of operations.  

Four days later, on Jan. 13, 2015, Napeñas sought Purisima’s approval of the secondary date for the conduct of operations scheduled from Jan. 23 to 26.

Records allegedly reveal that Purisima gave the intelligence packet to Napeñas and tasked the SAF to conceptualize the Marwan operation and also directed Napeñas to brief the President regarding Oplan Exodus.

Purisima likewise approved the final date of operation, constantly received pre-operational updates from Napeñas, monitored events and relayed crucial information to Napeñas during that fateful date, and sought updates on the ground.

Aside from criminal indictment, the Office of the Ombudsman said Purisima and Napeñas were also found administratively liable for grave misconduct, gross neglect of duty and conduct prejudicial to the best interest of the service. 

However, since Purisima was ordered dismissed from the service in June 2015 and Napeñas retired in July 2015, the alternative penalty of fine equivalent to their salary of one year was imposed.   

They were also meted the accessory penalties of perpetual disqualification for reemployment in government service, forfeiture of retirement benefits and cancellation of eligibility.