Ombudsman says it probed Noy’s culpability in SAF 44

MANILA, Philippines - President Aquino and officials of the Armed Forces of the Philippines (AFP) were probed by the Office of the Ombudsman for any liability in the Mamasapano incident where 44 policemen died last January.

Malacañang, on the other hand, took exception to the ombudsman’s pronouncements that the President was cleared of liability.

Presidential Communications Operations Office Secretary Herminio Coloma Jr. clarified yesterday that Aquino was not among those charged before the Office of the Ombudsman in connection with the Mamasapano operation and thus could not have been cleared of any wrongdoing.

But Assistant Ombudsman and spokesman Asryman Rafanan said on Wednesday that the President and military officials led by then Armed Forces chief Gregorio Catapang were investigated, though they were not impleaded in the complaint.

“But nonetheless, the office motu propio (on its own) looked into the allegations of the reports of the participation of the President,” he said.

After the investigation, Rafanan said, “the special panel found that whatever participation the President may have had in the Mamasapano incident does not amount prima facie to a criminal offense, neither was his participation analogous to any of the impeachable offenses.”

“It is not the correct thing to say ‘he was cleared.’ He was not even included in the complaint so how can he be cleared if that was the case?” Coloma pointed out.

“Secondly, notional or theoretically, the allegations stated in the petition by analogy does not constitute impeachable offenses,” he told former senator and radio anchor Orly Mercado in his “All Ready” program in Radyo Singko.

It was therefore not accurate to say that Aquino was absolved, he stressed.

Nevertheless, the executive department respects the ombudsman’s findings on the Mamasapano incident, Coloma said.

As to the liability of the military officials, Rafanan said there was nothing that would indicate possible lapses.

Rafanan added that the President, in fact, ordered those involved in the planning of the counter-terror operation to coordinate with the military and other concerned parties.

Rafanan said the special panel of fact-finding investigators “gathered as much evidence as they could gather from every source of possible investigative leads and some of these leads might have come from the military.”

“In that sense, we could surmise that the military officials were subjected also to investigation. But the final result of being charged after the probe, the panel only recommended the filing of charges against police officers and not military officers,” he explained.

The Office of the Ombudsman announced Wednesday that it has found probable cause or sufficient basis to proceed with its probe against former Philippine National Police chief Alan Purisima, former PNP-Special Action Force (SAF) commander Director Getulio Napeñas and nine other police officers.

Rafanan said in a news conference that the President is not among the respondents in the charge sheet.

Rafanan added Purisima, Napeñas and Chief Supt. Fernando Mendez Jr. are facing charges of grave misconduct and violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

Purisima, who was suspended and eventually resigned following the fallout over Mamasapano, also faces a charge of usurpation of official functions under Article 177 of the Revised Penal Code.

Purisima, during his suspension, continued his active involvement in the planning and implementation of the operation to capture Malaysian terrorist Zulkifli bin Hir alias Marwan and Akmad Ahmad Batabol alias Basit Usman, who were hiding in a remote village in Mamasapano, Maguindanao.

Although the main target Marwan was neutralized, the operation went awry after the SAF commandos figured in a firefight with Muslim rebels while on their way out of the area. More than 60 people, including the 44 SAF policemen, rebels and civilians were killed in the firefight.

Aquino had been criticized for allegedly allowing Purisima, despite being under preventive suspension, to participate in the planning of the Mamasapano operation.

On the other hand, a group of government employees lambasted the ombudsman for clearing President Aquino of any liability in the Mamasapano incident.

Ferdinand Gaite, Confederation for Unity Recognition and Advancement of Government Employees president, said only idiots would believe that Aquino has no liability.

Gaite said Aquino’s decision to allow a suspended chief PNP to participate is highly questionable.

Gaite said it was an injustice to the families of the policemen, the civilians and the rebels who were killed in the firefight in Mamasapano.

According to Gaite, the ombudsman’s decision is an indication that Aquino will be eventually absolved of other criminal liabilities to be filed against him.

Gaite said various cases are being prepared to hold Aquino liable for all the crimes he committed as soon as he steps down from the presidency next year. – With Delon Porcalla, Mayen Jaymalin