Mamasapano case waits for new DOJ chief

MANILA, Philippines – The administration of President Aquino has failed in its vow to serve justice to the Special Action Force (SAF) commandos killed by commanders and members of the Moro Islamic Liberation Front (MILF) during the Mamasapano clash on Jan. 25 last year.

The Aquino administration ends today with the Department of Justice (DOJ) still  not releasing its resolution on the criminal charges against 90 commanders and members of the MILF, Bangsamoro Islamic Freedom Fighters (BIFF) and private armed groups tagged in the death of the so-called “SAF 44.”

Outgoing Justice Secretary Emmanuel Caparas has not responded to queries about the delay in resolving the case.

But a highly placed source revealed to B that the DOJ resolution approving the indictment of respondents for the complex crime of direct assault with murder complaint has been ready since February.

The official, who requested anonymity due to the sensitivity of the matter, bared that the administration was “hesitant” in filing the case in court. 

“Some of those being recommended to be charged in court are commanders of MILF and the government is worried that this might offend the MILF and the ongoing peace process might be jeopardized. That is the complexity in this case,” the insider explained.

The source believes that the Aquino administration does not wish to put to waste the peace talks it had pursued with the MILF.

The insider further revealed that the government was in talks with the MILF last month and decided not to release the resolution so as not to offend the rebel group.

President Aquino was widely criticized for his alleged lack of sympathy for the fallen commandos after skipping the ceremonies to honor them.

During the first anniversary of the incident last January, he publicly expressed disappointment over the delay in the DOJ resolution of the case. Aquino himself lamented that “justice delayed is justice denied” as he again vowed justice for the SAF 44.

The President appeased the families of the slain soldiers by conferring on them the Medal of Valor (for Senior Insp. Gednat Tabdi and Police Officer 2 Romeo Cempron) and PNP Distinguished Conduct Medal for the 42 others.

The DOJ concluded the preliminary investigation last January, but has not released its resolution.

The hearings took almost one year to be completed, with only four of 90 respondents answering the charges.

Of the 90 respondents, only four submitted counter-affidavits and denied the charges: alleged MILF field commander Pendatun Utek Makakua, who claimed to be a farmer; Mustapha Tatak, a barangay chairman in Sapakan, Mamasapano; and civilians Lakiman Dawaling and Khalim Keda, who were accused of being field commanders of the MILF involved in the killing of the 35 SAF men in Barangay Tukanalipao. 

Among those charged in DOJ are 13 commanders of the MILF and six commanders of the BIFF. But the names of the respondents were not made public to prevent them from evading possible prosecution.

They were accused of acting “in conspiracy with one another to attack, employ force, seriously intimidate or resist the 35 SAF commandos who were uniformed police officers and thus persons in authority.”

The fact-finding team of prosecutors and National Bureau of Investigation agents based the report on accounts of eyewitnesses – including one alias Marathon – who identified the liable MILF and BIFF commanders. The eyewitnesses have been placed under the witness protection program.

The viral videos of the encounter that circulated in social media sites also helped in the investigation and the sources of the videos have been traced.

Based on the results of the probe, the killings of the SAF commandos appeared to be “spontaneous and not an institutional act of the MILF.” 

The charges covered the cases of 35 slain SAF men who belonged to the 55th SAF company that engaged MILF and BIFF fighters and private armies in the cornfields of Tukanalipao. 

In October last year, the fact-finding team released its second report involving the cases of the nine other slain commandos from the 84th SAF company in Barangay Pidsandawan as well as the five civilians and 18 MILF fighters who were also killed in the clash. No one was charged because the probers failed to find eyewitnesses who would identify the killers.