It's final: Ombudsman upholds raps vs Aquino over Mamasapano clash
In this file photo, then President Benigno Aquino III, wearing a black arm band, leaves the podium shortly after offering prayers for the police commandos killed in the January 25, 2015 Mamasapano mission. AP/Bullit Marquez
MANILA, Philippines (Updated 5:04 p.m.) — Former President Benigno Aquino III will soon be having his day in court as the Office of the Ombudsman upheld its earlier ruling ordering the filing of criminal cases against him in connection with the 2015 Mamasapano massacre.
In a 26-page decision dated September 5, copy of which was released to the media Thursday, the anti-graft body maintained that there is probable cause to charge Aquino before the Sandiganbayan with usurpation of authority under Article 177 of the Revised Penal Code and violation of Section 3 (a) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
The decision was signed by Ombudsman Conchita Carpio Morales on September 11.
Also ordered charged with Aquino were former Philippine National Police chief Alan Purisima and former PNP-Special Action Force director Getulio Napeñas Jr.
Purisima and Napeñas are already facing separate cases of graft and usurpation of authority before the Sandiganbayan still in connection with the Mamasapano incident.
The new decision is an affirmation of the ombudsman's June 13 ruling finding that Aquino should be held liable for allowing Purisima to play a “major role” in Oplan Exodus, the botched PNP-SAF operation aimed to neutralize Malaysian terrorist Zulkifli bin Hir alias Marwan and Filipino bomb maker Abdul Basit Usman.
“After a considered evaluation of the arguments raised by the movants vis-a-vis the evidence on record, the Office finds no cogent reason to reverse or modify the assailed resolution,” the ombudsman's new decision read.
READ: Aquino faces charges for role in Mamasapano clash
The ombudsman maintained that Aquino allowed Purisima to participate in the planning and execution of Oplan Exodus despite being fully aware that the latter was at that time under preventive suspension over an alleged anomalous courier service deal that the PNP entered with a private firm for the delivery of firearms licenses.
“To this Office, President Aquino's act of utilizing the services of Purisima for Oplan Exodus set into motion the latter's participation and involvement therein prior to and during its implementation,” the ombudsman said.
The ombudsman found no merit in the arguments raised by Aquino in his motion for reconsideration that Purisima only acted as his “resource person” regarding Oplan Exodus and did not, in any way, participate in the operation's planning and implementation.
The ombudsman said the exchange of text messages between Aquino and Purisima before and during the actual day of the operation shows otherwise, as the latter even exerted “a degree of authority and discretion over Napeñas.”
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