DOJ sets another hearing on Mamasapano clash

MANILA, Philippines – The Department of Justice (DOJ) has set another hearing on the criminal charges against 90 commanders and members of the Moro Islamic Liberation Front (MILF), Bangsamoro Islamic Freedom Fighters (BIFF) and private armed groups tagged in the death of Special Action Force (SAF) commandos during the Mamasapano clash last Jan. 25.

After ending preliminary investigation due to failure of 84 of the 90 respondents to appear in hearings, the panel of prosecutors decided to set another hearing on Jan. 14, 2016.

The panel chaired by Senior Assistant State Prosecutor Rosanne Balauag said the hearing would be for submission of reply and affirmation of complaints by the families of the SAF victims for the counter-affidavits filed by only six of the respondents.

While the preliminary investigation has concluded for the other respondents, prosecutors explained that their rules provide for reopening of the hearings upon formal request of the respondents who failed to appear in previous hearings under justifiable circumstances.

In earlier hearings held last Nov. 27 and Dec. 17, only three respondents were able to answer the charges through their lawyers: Sapakan, Mamasapano barangay chairman Mustapha Tatak; civilian Lakiman Dawaling and farmer Pendatun Utek Makakua. They denied being commanders or members of MILF.

Three other respondents wrote a letter to the DOJ asking for a copy of the criminal complaint.

The DOJ panel then decided to conclude the preliminary investigation and rule if there is 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 who have been placed under the witness protection program.

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