Aquino files counter-affidavit to deny liability in Mamasapano clash

MANILA, Philippines – Former President Benigno “Noynoy” Aquino III on Thursday filed his counter-affidavit before the Office of the Ombudsman to deny his accountability on the Mamasapano clash in 2015.

In his affidavit, Aquino said that he relied on Special Action Force (SAF) Director Getulio Napeñas’s discretion as head of the police commandos. He reiterated that he ordered Napeñas to coordinate with the Armed Forces of the Philippines for his Oplan Exodus or the operative plan for the Mamasapano mission prior and during the operation, however, he failed to follow his orders.

“The proximate cause of the failure of the Oplan Exodus and the unnecessary loss of lives of dedicated young police officers was not my purported involvement and participation in Oplan Exodus but rather the poor planning, defective execution and lack of coordination with the AFP,” Aquino said.

“To reiterate, in as much as I was not privy to and had no knowledge of the operational details of Oplan Exodus, I only asked certain common sense questions and clarificatory remarks such as the need to do timely coordination with AFP not only during but also prior to the Oplan Exodus. Simply put, these activities and decision making process were all left to the sole discretion of the ground commanders,” he added.

Aquino also cited that the Ombudsman did not find any evidence that would point to any of his accountability. He said the Ombudsman only categorically stated that he did not commit any criminal offense because he had in fact ordered the officers involved to coordinate the implementation of the operations with the military.

He also requested the court to dismiss the charge of reckless imprudence against him.

“As aptly, put by this Honorable Office, whatever participation I may have had in the incident does not amount prima facie to a criminal offense. Accordingly, I respectfully request that the present Complaints be dismissed outright for utter lack of merit,” he said.

The former president said that while his previous administration could not take back the lives lost, his government tried to alleviate and address the pressing needs and concerns of the survivor families of the SAF 44. These include assistance on lump-sum benefit, pension, livelihood, housing and education.

“While all our efforts can never fully ease the pain and grief of the families of the SAF 44, I hope that they fine a modicum of comfort in knowing that the sacrifice of our fallen soldiers is not in vain and will never be forgotten by the countless lives that they have saved because of their selfess act,” he said.

Aquino also took a swipe against detractors who relive the Mamasapano incident, saying it was being used for their personal benefit. He did not specify the individuals whom he said take advantage of the unfortunate incident.

“There are individuals who choose to take advantage of the pain and grief of the families is indeed regretabble and unfortunate as this erves no purpose other than to reopen wounds for their personal motive,” the former president said.

On Tuesday, Aquino’s successor, President Rodrigo Duterte, slammed him and former Philippine National Police Director General Alan Purisima for allegedly hiding to the public that the Mamasapano operation was controlled by the United States' Central Intelligence Agency. Aquino denied this allegation.

Aquino’s counter-affidavit was filed after the Ombudsman’s Office of the Special Prosecutors filed raps against Purisma and Getulio Napeñas over usurpation of authority during the Mamasapano clash which killed at least 60 people including 44 SAF commandos and terrorist Zulkifli bin Hir also known as "Marwan."