MANILA, Philippines - Justice Secretary Vitaliano Aguirre II dared former president Benigno Aquino III to submit himself to a reinvestigation of the Mamasapano clash that left dead 44 members of the police Special Action Force (SAF) in January 2015.
But because of his relation to then SAF director Getulio Napeñas Jr., who led the operation, Aguirre vowed to inhibit from the reinvestigation.
Aguirre served as Napeñas’ lawyer in earlier inquiries.
Malacañang, through presidential spokesman Ernesto Abella, would not comment on the issue and said they would just wait for the independent commission to be formed to look into the matter anew.
For his part, Chief Presidential Legal Counsel Salvador Panelo refuted the statement of Aquino’s former spokesman Edwin Lacierda that they were out to create an “alternative commission” to fish for “alternative facts.”
Panelo said there was no such animal as “alternative facts” and the commission would just determine the circumstances surrounding the tragedy and who could possibly be responsible.
Aquino has been saying it was Napeñas who decided to proceed with the operation despite lack of coordination, planning and personnel.
Aquino’s spokesperson, lawyer Abigail Valte, did not comment when asked about Aguirre’s relation with Napeñas and possible bias.
Aguirre said Aquino could not claim that the killing of the police commandos was not his fault.
Aguirre said Aquino was lying and that the former president should submit his cellular phone to authorities for forensic examination to prove his claim that he did not give any instructions to the police in connection with Oplan Exodus against terrorists Zulkifli bin Hir, alias Marwan, and Abdul Basit Usman.
The justice chief said Aquino’s supposed instructions to then Philippine National Police chief Alan Purisima should be covered by the investigation by an independent commission that President Duterte ordered created earlier this week.
Aguirre alleged Aquino was on top of the situation – giving orders and asking updates on Marwan – even as the former president had said repeatedly that he was kept in the dark by Purisima and Napeñas on what was really happening on the ground.
Napeñas also admitted that Purisima told him not to inform the top officials of the military and the police regarding the operation.
“If he (Aquino) is telling the truth, he should allow the forensic examination of his mobile phone,” Aguirre told reporters in a forum at Club Filipino in San Juan City, adding Aquino and Purisima exchanged text messages during the operation.
He also questioned Aquino’s statement that the liability should end with Napeñas.