Poe: Duterte has prerogative to reopen Mamasapano probe

MANILA, Philippines — President Rodrigo Duterte has the prerogative to form a commission that will reinvestigate the Mamasapano incident despite an exhaustive investigation by the Senate, Sen. Grace Poe said on Wednesday.

Poe headed the Senate Committee on Public Order, which conducted an inquiry into the incident that led to the death of 44 Special Action Force commandos in Mamasapano, Maguindanao two years ago.

Notably, the committee report on that probe only counted the SAF personnel killed. Including Moro Islamic Liberation Front fighters and civilians, 67 Filipinos died in the clash.

"It is the prerogative of the president to create a commission for its reinvestigation that may hopefully add to what had been unearthed previously given the greater powers of the executive and under much different political circumstances," Poe said in a statement.

Duterte earlier announced that he will form a commission that will be composed of justices and private lawyers to reopen the investigation on the incident.

Meanwhile, Poe noted that the Office of the Ombudsman essentially adopted the recommendation in the committee's report with the recent filing of charges against dismissed. Philippine National Police Director General Alan Purisima and relieved SAF Director Getulio Napeñas.

"Our report was based on testimonies given by all available living persons and witnesses then whose attendance the committee had the power to require, and who were all involved or have knowledge of the Mamasapano police operation as well as relevant documents gathered after an exhaustive series of hearings," Poe said in a statement.

Earlier this week, the Office of the Ombudsman filed criminal cases against Purisima and Napeñas over the botched Mamasapano operation. Ombudsman Conchita Carpio Morales has also said that reopening the investigation is within the president's powers.

Purisima is facing charges of usurpation of authority for performing functions of a PNP chief in the planning and supervision of Oplan Exodus while under preventive suspension.

Purisima was suspended over allegations of graft in a 2011 deal with a courier company to deliver gun licenses. He has since been dismissed from the service and charged with violating the Anti-Graft and Corrupt Practices Act.

Napeñas was charged for following orders from Purisima and bypassing Deputy Director Leonardo Espina, who was then OIC of the national police.

The Senate investigation ran parallel to a probe by a Philippine National Police Board of Inquiry. Among the findings of that board was that Napeñas and Purisima violated the chain of command of the PNP.