Aquino files counter-affidavit in Mamasapano case

MANILA, Philippines — Former President Benigno Aquino III has asked the Office of the Ombudsman to dismiss "for utter lack of merit" the multiple homicide complaint filed against him by some families of the police troopers killed in the 2015 Mamasapano incident.

In his 27-page counter-affidavit filed recently before the anti-graft body, Aquino maintained that he had no criminal liability in the gruesome incident that led to the death of over 60 people, including 44 members of the Philippine National Police's elite unit, Special Action Force (SAF).

Aquino reiterated that he had repeatedly ordered then SAF director Getulio Napeñas Jr. to coordinate with the military days before the execution of Oplan Exodus, the botched SAF operation aimed at arresting Malaysian terrorist Zulkifli bin Hir alias Marwan.

Aquino said that he uttered this directive to Napeñas several times during the briefing for the operation held at the Malacañang on Jan. 9, 2015 and even days before the operation's execution.

"Thus, my final directive to respondent Napeñas was to coordinate with the AFP before and during the actual execution of 'Oplan Exodus' to give AFP sufficient time to mobilize and re-position their personnel, reinforcements, artillery, equipment and aircraft," Aquino's affidavit read.

"I clearly recall respondent Napeñas replying to my order with an unequivocal 'Yes, Sir'," it added.

Aquino said that this lack of coordination with the AFP, coupled with "poor planning and defective execution" cause the failure of Oplan Exodus.

The police counter-terrorism operation, carried out on January 25, 2015, went awry when the SAF troopers were ovecome by combined forces of the Moro Islamic Liberation Front (MILF) its splinter group Bangsamoro Islamic Freedom Fighters (BIFF) and some private armed groups.

The encounter left 44 SAF troopers, 18 MILF members and three civilians dead.

"I had no direct participation in the planning, approval and execution of Oplan Exodus," Aquino maintained, adding that he was not even informed on the actual date of its actual execution.

Aquino also answered the issue on why he allowed Purisima, who was suspended by the ombudsman that time, to participate in the planning of Oplan Exodus. Purisima was under suspension at that time due to corruption allegations over the PNP's courier service deal with a private firm.

"As I had repeatedly stated, respondent Purisima was present during the briefing because he had vital and intimate information regarding the high-value targets and he deemed it prudent to join the briefing," Aquino said.

"To the contrary, it would be the height of negligence if I deliberately omitted and disregarded any information coming from respondent Purisima which was material and vital to "Oplan Exodus," he added.

Aquino also said the complainant cannot cite the doctrine of command responsibility as primary basis for the charging him with multiple homicide.

Aquino said the doctrine of command responsibility can only be used against a public official if he knew that his subordinate has committed or is about to commit the crime and he did nothing about it.

Aquino maintained that Oplan Exodus was a legitimate police operation and that there was a presumption that the concerned police officials were to carry out the operation with regularity.

"Simply put, these activities and decision-making process were all left to the sole discretion of the ground commanders. Accordingly, the charge of reckless imprudence must fail and the Complaints against me must be dismissed," Aquino said.