DOJ probe on Mamasapano clash kicks off today

MANILA, Philippines - The Department of Justice (DOJ) is set to formally start today its probe on the killing of 44 operatives of the elite Special Action Force (SAF) by Moro guerrillas during an encounter in Mamasapano, Maguindanao on Jan. 25.

Assistant State Prosecutor Juan Paulo Navera, head of the special team tasked by Justice Secretary Leila de Lima to prepare criminal cases, said they are set to meet to collate initial evidence gathered by the National Bureau of Investigation (NBI).

“We will have our initial planning and coordination meetings for tasking and direction purposes,” Navera told reporters yesterday.

He said they would also decide on which witnesses would be invited for questioning.

“For interview of witnesses who can identify particular suspects, we will do that after we have listed and prioritized these witnesses based on the initial field work by the NBI agents,” he bared.

The prosecutor added that they have yet to decide whether or not there is a need to conduct an ocular inspection of the site and possible reenactment of the incident.

The other members of the panel from the DOJ’s National Prosecution Service are assistant state prosecutors Irwin Maraya, Gino Paolo Santiago and Jocelyn Dugay, and assistant prosecution attorney Ethel Rea Suril.

They are specifically tasked to “evaluate, assess and determine the sufficiency of the evidence gathered, and guide the NBI as to what should further be gathered and explored in order to build a strong case for the possible eventual prosecution of the charges before the court.”

As per De Lima’s order, among the evidence to be gathered by the team are the official reports from the Philippine National Police (PNP), Armed Forces of the Philippines (AFP), Office of the Presidential Adviser on the Peace Process (OPPAP), Moro Islamic Liberation Front (MILF), PNP Board of Inquiry (BOI), Commission on Human Rights (CHR) and PNP Scene of the Crime Operatives (SOCO) on the incident.

De Lima earlier said Police Director Benjamin Magalong, head of the PNP’s BOI, is set to forward to her office copies of statements and evidence gathered in the probe.

The DOJ chief earlier hinted that possible charges of multiple murder, homicide and other offenses could be filed against MILF members who figured in the clash with the SAF operatives tapped to arrest international terrorist Zulkifli bin Hir, alias Marwan, in Mamasapano.

She said other possible cases could include serious physical injuries, direct assault, illegal possession of firearms, violation of Republic Act 9851 or crimes under international humanitarian law, and obstruction of justice.

Meanwhile, Valenzuela City Rep. Sherwin Gatchalian urged yesterday the DOJ to speed up the filing of cases against members of the MILF and Bangsamoro Islamic Freedom Fighters (BIFF).

The lone survivor from the 55th Special Action Company (SAC), sniper PO2 Christopher Lalan, told the PNP BOI that his wounded comrades were finished off by Moro rebels after the police officers ran out of ammunition.

Lalan’s statement was echoed by PNP officer-in-charge Deputy Director General Leonardo Espina, who described as “overkill” the fate of his men.

“The DOJ can already use the affidavit of PO2 Lalan to file murder charges against those responsible for killing wounded SAF commandos who could have survived if they were given medical treatment by the MILF under international humanitarian law,” Gatchalian said.

He said additional charges of robbery or theft can also be filed by the DOJ against MILF and BIFF members who took the firearms and personal effects of the dead SAF commandos, which include their uniforms.

“The DOJ should immediately act against MILF and BIFF members who have shown their barbarity with the way they killed the wounded and robbed the dead of their personal belongings. I believe there is sufficient evidence to warrant the filing of criminal cases as soon as possible,” he said.

He said the DOJ should prioritize the filing of criminal cases against MILF and BIFF members instead of focusing more on the administrative cases that could be filed against government officials responsible for the Mamasapano fiasco.

“The families of the slain SAF commandos are asking for justice for their loved ones. The DOJ is the primary agency that can get justice for the 44 fallen heroes by buckling down to work on the criminal cases that can be lodged against the perpetrators from the MILF and BIFF,” he said. – With Paolo Romero