SAF 44 kin won't testify for ombudsman on cases vs Aquino

MANILA, Philippines — Families of the Special Action Force policemen killed in the 2015 Mamasapano incident Thursday said they will not participate in the cases initiated by the Office of the Ombudsman against former President Benigno Aquino III.

“As a sign of disgust and protest, the SAF 44 parents and the VACC (Volunteers Against Crime and Corruption) will not participate in the sham proceedings initiated by Ombudsman before the Sandiganbayan. Instead, we shall continue to pursue the attainment of justice for the 44 heroes,” Ferdinand Topacio, legal counsel of SAF 44 kin said in a statement.

On Wednesday, the Ombudsman filed before the Sandiganbayan one count each of graft and usurpation of official functions against Aquino in connection with the Jan. 25, 2015 Mamasapano incident.

The ombudsman recommended to the Sandiganbayan to set Aquino's bail bond at P30,000 for the graft case and P10,000 for the usurpation case.

The cases are set to be raffled off on Friday to determine the which among the seven divisions of the Sandiganbayan that will handle them.

It is only after the raffling of cases that Aquino may post his bail bond before the concerned court division. An accused may post bail even before the court determines if there is probable cause to order his or her arrest.

In a text message to reporters, Sandiganbayan Presiding Justice Amparo Cabotaje-Tang said Aquino's cases “will be treated the same as all other cases.”

“No spokesperson will be designated for the purpose,” Tang said.

Topacio questioned the timing of the ombudsman's filing of the cases against Aquino.

Topacio pointed out that the VACC, representing two mothers of the slain SAF troopers just filed before the Supreme Court a petition for certiorari seeking the reversal of the ombudsman June 13, 2017 resolution ordering the filing of graft and usurpation cases against Aquino.

It can be remembered that the VACC, representing the families of the SAF 44, originally filed a complaint of 44 counts of reckless imprudence resulting in homicide against Aquino, former Philippine National Police chief Alan Purisima and former Special Action Force chief Getulio Napeñas Jr. in connection with the Mamasapano incident.

“The filing of such charges only now...after the SAF 44 kin's filing of a Petition before the Supreme Court seeking the reversal and upgrading of the said shallow charges, is an insidious disrespectful attempt to preempt the High Tribunal and to moot the pending Petition,” Topacio said.

Topacio said that the ombudsman's filing of graft and usurpation cases against Aquino is a “hollow victory” for the grieving families of the slain police troopers.

Topacio maintained that Aquino should be held liable for 44 counts of reckless imprudence resulting in homicide for the lost lives of 44 SAF members.

Each count of reckless imprudence resulting in homicide carries a penalty of imprisonment of four years.

Graft carries a maximum penalty of 15 years of imprisonment while penalty for usurpation of authority is up to six months of imprisonment which is convertible to just a fine.

“We say again that the said (graft and usurpation) charges are designed to fail – in order to inoculate Pres. Aquino against the graver charge of mass homicide which could possibly put him behind bars for the rest of his life,” Topacio said.

“To Ombudsman (Conchita) Morales, we say, may God have mercy on your soul,” he added.

The cases against Aquino stemmed from his alleged act of allowing then suspended PNP chief Purisima to participate in the planning and implementation of Oplan Exodus, a botched police operation aimed to neutralize Malaysian terrorist Zulkifli bin Hir alias Marwan and Filipino bomb maker Abdul Basit Usman.

The operation went awry when the retreating SAF troopers were overpowered by the combined forces of the Moro Islamic Liberation Front its splinter group Bangsamoro Islamic Freedom Fighters and some private armed groups. The encounter left 44 SAF troopers, 18 MILF members and three civilians dead.

The ombudsman said Aquino still allowed Purisima to participate in the planning and execution of Oplan Exodus despite his full knowledge that the latter was under preventive suspension by the ombudsman in connection with an alleged anomalous courier service deal that the PNP entered into with a private firm for the delivery of firearms licenses in 2011.

Aquino had earlier repeatedly denied the allegations, maintaining that Purisima only acted as his “resource person” regarding Oplan Exodus and did not, in any way, participate in its planning and implementation.