‘No legal ground for usurpation case vs Noy’

MANILA, Philippines — Ombudsman Samuel Martires yesterday slammed the filing of graft and usurpation of official functions charges against former president Benigno Aquino III in connection with the 2015 Mamasapano incident.

“No president of the Republic of the Philippines must be accused of usurpation of power while in office. Anyone who claims otherwise should go back to college, I am sorry to say that,” Martires declared before the Sandiganbayan Fourth Division.

“The president cannot also be held liable for violation of Section 3 (a) of Republic Act 3019 for supposedly influencing or inducing a subordinate to act,” Martires added.

Martires was defending the motion that he filed before the Fourth Division on June 24, seeking the withdrawal of cases against Aquino.

“We are in favor of the withdrawal of the (case) information,” Aquino’s lawyer Jason Aguilar, meanwhile, manifested before the court. 

Without naming names, it was apparent that Martires was taking a swipe at his predecessor, Conchita Carpio-Morales, who led the filing of violation of Section 3 (a) RA 3019 or the Anti-Graft and Corrupt Practices and usurpation of official functions under Article 177 of the Revised Penal Code against Aquino in November 2017.

Named as Aquino’s co-accused in the cases were former Philippine National Police (PNP) chief Alan Purisima and former PNP Special Action Force director Getulio Napeñas Jr.

“He’s the president of the Philippines, he got all the power, how can he usurp the power of policemen who were his subordinates? He’s the commander-in-chief... He can anytime take over the functions of the chief PNP,” Martires told reporters in Filipino after attending the hearing.

The Fourth Division, however, deferred acting on the ombudsman’s motion as the Supreme Court (SC) has yet to lift the temporary restraining order (TRO) suspending proceedings of the Mamasapano cases at the Sandiganbayan.

Martires informed the Fourth Division that his office has already filed a manifestation before the SC informing the high tribunal of his motion to withdraw the cases.

The SC earlier issued a TRO against the proceedings of the Mamasapano cases as it has yet to rule on the petition for certiorari filed by the Volunteers Against Crime and Corruption (VACC) in November 2017.

The VACC’s petition seeks the reversal of the ombudsman’s 2017 resolution dismissing the complaint filed against Aquino in 2016 for 44 counts of reckless imprudence resulting in homicide.

It earlier accused Morales of rushing the filing of graft and usurpation cases against Aquino in order to shield him from graver charges.

VACC lawyer Ferdinand Topacio had explained that each count of reckless imprudence resulting in homicide carries a penalty of imprisonment of four years. Topacio said Aquino must be held liable for 44 counts of the offense because 44 members of the PNP-SAF lost their lives during the operation to capture terrorists.

Topacio said a graft case only carries a maximum penalty of 15 years of imprisonment while penalty for usurpation of authority is convertible to just a fine.

At yesterday’s hearing at the Sandiganbayan, Topacio vowed to pursue homicide charges against Aquino.

“Nothing can prevent us from re-filing a complaint. But we will first wait for the decision of the Supreme Court because as you know, we have a certiorari case saying that the former ombudsman exercised grave abuse of discretion, so out of respect and deference to the highest court, let us wait first on its ruling,” Topacio said.