Noy appeals indictment on SAF 44

MANILA, Philippines - Former president Benigno Aquino III described as “patently erroneous and bereft of any merit” the Office of the Ombudsman’s resolution ordering the filing of graft and usurpation of authority charges against him over the death of more than 60 people, including 44 members of the police Special Action Force (SAF), in the 2015 Mamasapano carnage.

In a 19-page motion for reconsideration sent to the Office of the Ombudsman on July 19, Aquino said the ombudsman’s conclusions were premised on “highly inaccurate and flawed facts,” especially on the finding that he allowed former Philippine National Police (PNP) chief Alan Purisima to play a “major role” in the planning and execution of Oplan Exodus – the PNP-SAF operation to neutralize Malaysian terrorist Zulkifli bin Hir, alias Marwan, and Filipino bomb maker Abdul Basit Usman.

Then acting PNP director Leonardo Espina replaced Purisima, who was preventively suspended by the ombudsman over an alleged anomalous courier service deal entered with a private firm for the delivery of firearms licenses.

In defending himself, Aquino maintained that Purisima only acted as his “resource person” on Oplan Exodus and did not in any way participate in the operation’s planning and implementation.

As president, he added, it was his prerogative to use all resources available to him, including inputs from Purisima, to have a full understanding of the very sensitive and complicated police operation.

“To stress, there is nothing irregular, much less illegal, about my act of utilizing all the resources available at my disposal, including sourcing information and inputs from anyone – whether they are in active service or not,” Aquino said.

He refuted the ombudsman’s resolution that the exchange of text messages between him and Purisima before and during the actual implementation of Oplan Exodus showed that the latter not only acted as his adviser but also played an active role in the implementation “to the point of exercising a degree of authority and discretion” over then SAF director Getulio Napeñas Jr.

“What these messages show is that I was a passive receiver of the updates and information regarding an ongoing operation... Indeed, I am not precluded, by any law or regulation, from asking clarificatory questions from anyone who might have access to any relevant information that will enable me to be apprised of the situation on the ground,” Aquino said.

“Likewise, my act of asking Purisima questions cannot, by any stretch of the imagination, be construed as asking or ordering (him) to direct the implementation of Oplan Exodus,” he added.

He maintained that Napeñas was the top police official in charge of the operation and that whatever reporting the latter did to Purisima “was his judgment call and was clearly made of his own volition” and not because he ordered Napeñas to do so.

Furthermore, Aquino reiterated that he instructed Napeñas days before the operation was implemented to “do a timely coordination” with the Armed Forces of the Philippines and to brief Espina about it.

Aquino also said that on Jan. 25, 2015, the day the operation was carried out, Purisima’s messages led him to believe that it had been successful and that the police troopers were already being supported by the mechanized and artillery units of the military.

The former chief executive also hit the ombudsman for allegedly violating his constitutional right to be informed of the nature and cause of accusations against him and for failing to give him the opportunity to answer the allegations of graft and usurpation of authority.

He pointed out that the original complaint filed by the families of the SAF 44 was for reckless imprudence resulting in multiple homicide, thus his counter-affidavit only answered this and not the charges of graft and usurpation.

This violation and the ombudsman’s “misappreciation of facts and specious application of the law” warrant the dismissal of the new charges, he added.

In its resolution released last week, the ombudsman dismissed the charges of reckless imprudence resulting in multiple homicide against Aquino, Purisima and Napeñas for “lack of probable cause,” but instead ordered the filing of graft and usurpation of authority against them.

The families of the SAF 44, assisted by the Volunteers Against Crime and Corruption, also asked the ombudsman on Wednesday to reconsider its decision and indict Aquino, Purisima and Napeñas for 44 counts of reckless imprudence resulting in homicide.