Noy to face Sandigan trial for SAF 44 deaths

MANILA, Philippines — Former president Benigno Aquino III was indicted before the Sandiganbayan yesterday in connection with the Mamasapano tragedy in 2015 that left over 60 people dead, including 44 members of the police Special Action Force (SAF).

Aquino met with his lawyers to discuss the matter as the cases against him were filed, according to his camp. He had not issued a statement as of last night.

President Duterte, along with the Liberal Party, came to Aquino’s defense.

Duterte said, “You cannot usurp what is inherently your duty,” as Aquino was charged with violation of Section 3 (a) of Republic Act 3019 or the Anti-Graft and Corrupt Practices and usurpation of official functions under Article 177 of the Revised Penal Code.

The former president has also questioned the Office of the Ombudsman’s decision, saying the criminal cases against him were not part of the complaint filed by the Volunteers Against Crime and Corruption (VACC) in the first place.

Duterte believes his staunch critic, Sen. Antonio Trillanes IV, has a point when he said that the filing of the case sets a bad precedent since a president may always get the blame whenever an operation fails. 

“The president can always intervene, modify, amend or change altogether your ideas. And if he decides to do the police work himself, he is the commander-in-chief. He is the head of government insofar as the police is concerned because it is civilian in character,” Duterte said in a press briefing yesterday at the Ninoy Aquino International Airport before he left for the Asia-Pacific Economic Cooperation summit in Vietnam. 

Duterte noted that the president has supervision and control over all agencies under the executive branch, the military and the police. 

“Supervision and control means he can overturn your decision or will decide to exercise the function itself. All those under the appointed officers, all of them are under the control (of the President),” he added. 

Duterte said the control does not apply to elected local officials. 

“The president has only the supervision. Meaning to say that he will oversee that everything under his supervision will do their work legally and properly,” Duterte said. 

Last July, Duterte described the cases to be filed against Aquino as “silly.”  He said the president, as commander-in-chief of the armed forces, can order anyone to help in a criminal operation.

The ombudsman’s personnel filed the cases two months after it denied Aquino’s appeal on its June 13 ruling finding probable cause to charge him in court.

Section 3 (a) of RA 3019 states a public official may not “persuade, induce or influence another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority.”

The ombudsman recommended a bail bond of P30,000 for the graft case and P10,000 for the usurpation case for Aquino.   – With Alexis Romero, Paolo Romero, Emmanuel Tupas