MILF snubs DOJ probe on Mamasapano clash

MANILA, Philippines – The Department of Justice (DOJ) yesterday started its preliminary investigation on the criminal charges against 90 commanders and members of the Moro Islamic Liberation Front (MILF), Bangsamoro Islamic Freedom Fighters (BIFF) and armed civilians tagged in the killing of 44 police commandos in Mamasapano, Maguindanao last Jan. 25.

None of the respondents appeared before the investigating panel of prosecutors despite summons sent to the MILF leadership and local officials last month.

“We notified them but I don’t know why they did not attend today’s hearing,” said Assistant State Prosecutor Alexander Suarez, member of the DOJ panel.

He said the prosecutors decided to give all respondents more time to appear before the DOJ and answer the charges by setting another hearing on Dec. 17.

“If ever on Dec. 17 these respondents again do not participate, then we will have the case against them submitted for resolution,” Suarez warned.

During the hearing, only two lawyers appeared before the panel and represented only four of the 90 respondents.

Lawyer Ronald Hallid Torres appeared for Mustapha Tatak, a barangay chairman in Sapakan, Mamasapano; former teacher Khalim Keda; and civilian Lakiman Dawaling, who is accused of being one of the field commanders of MILF involved in the killing of the 35 SAF men in Barangay Tukanalipao. 

“We’re really surprised how come their names were included as respon dents,” he explained to reporters in a separate interview.

Lawyer Carlos Valdez, on the other hand, represented alleged MILF field commander Pendatun Utek Makakua. He said his client is not an MILF commander, but only a farmer.

The lawyers have not yet submitted the counter-affidavits of their respective clients as they have just received copies of the referral complaint and report of the DOJ fact-finding team.

They were given also until the next hearing to answer the charges.

Families of the slain SAF men attended the hearing, but they refused to speak to media.

The DOJ panel conducting the preliminary investigation is chaired by Senior Assistant State Prosecutor Rosanne Balauag with Assistant State Prosecutors Aldrin Evangelista, Benito Oliver Sales III, Rassendell Rex Gingoyon and Alexander Suarez as members.

The preliminary investigation hearing would determine if there was probable cause to warrant the filing of the charges of direct assault with murder and theft against the respondents.

Facing the DOJ probe are 13 commanders of MILF and six commanders of BIFF. But the names of the respondents were not made public so as to prevent them from evading possible prosecution.

They were accused of acting “in conspiracy with one another to attack, employ force, seriously intimidate or resist the 35 SAF commandos, who were uniformed police officers and thus, persons in authority.”

The fact-finding team of prosecutors and National Bureau of Investigation agents based the report on accounts of eyewitnesses – including one alias Marathon – who identified the liable MILF and BIFF commanders and have been placed under witness protection program.

The viral videos of the encounter that circulated in social media sites also helped in the investigation and their sources have been traced.

Based on the results of the probe, the killings of the SAF commandos appeared to be “spontaneous and not an institutional act of the MILF.” 

The charges covered the cases of 35 slain SAF men who belonged to the 55th SAF Company that engaged MILF and BIFF fighters and armed civilians in the cornfields of Barangay Tukanalipao. 

Last month, the fact-finding team released its second report involving the cases of the nine other slain commandos from the 84th SAF company in Barangay Pidsandawan as well as the five civilians and 18 MILF fighters who were also killed during the clash. No one was charged because probers failed to secure witnesses to identify the killers.