Benguet court junks plea to dismiss damage suit of fallen SAF trooper's kin

LA TRINIDAD, BENGUET, Philippines -- Branch 62 of the Regional Trial Court of Benguet has junked the plea to dismiss a P12-million damage suit against former Philippine National Police Director General Alan Purisima, retired Director Getulio Napeñas Jr. and three Army officers.
 
The damage suit was filed by the family of a SAF commando slain in the Jan. 25, 2015 Mamasapano massacre.
 
In denying the plea of the police and Army officials, Judge Danilo Camacho's December 19, 2016 order released last week said "the defendants cannot hide behind [this legal principle] for their sloppy and neglectful performance of duty as government officials."
 
He said that "government officials and employees are accountable for their actions as such under the principle that the public office is a public trust."

Purisima and his co-defendants had asked the court to dismiss the suit filed by family of the late Senior Inspector Getnad Tabdi, arguing that they acted within their official capacities in the operation to arrest a Malaysian terrorist.

They said that they were covered by a Constitutional provision preventing anyone from suing the government.
 
In separate motions, Napeñas and Army officials Lt. Gen. Rustico Guerrero, Maj. Gen. Edmundo Pangilinan and Col. Gener del Rosario sought the dismissal of the case in 2016.

Napeñas claimed that the complaint lacks a cause of action and that the defendants cannot be liable for damages because they were sued in their official capacities.

He further said that the complaint was premature because there were pending investigations at the time it was filed. He added that the complainants failed to exhaust all “available administrative remedies”.

Guerrero alleged that "there is no factual or legal basis to attribute negligence on the part of any of the military officials."
 
Pangilinan was the commander of the 6th Infantry Division; Guerrero was the area commander of the AFP’s Western Mindanao command and del Rosario was the brigade commander of the 1st Mechanized Infantry Brigade at the time of the incident.
 
Camacho in his decision said that the complaint alleged as its cause of action the negligence of the defendants in the performance of their duty.
 
Purisima, in his defense filed in November 2015 claimed that Garcia and Edna Tabdi, parents of Sr. Inspector Tabdi have no legal personality to file the case.
 
“Being the parents of the one who died, allegedly due to the defendants’ negligence, they are by law entitled to damages, for the mental anguish and emotional turmoil they have undergone for the untimely death of their son,” Camacho, however, ruled.
 
The next hearing was will be on February 16.