SC stops dismissal of Aquino homicide raps

MANILA, Philippines — The Supreme Court (SC) yesterday stopped the Office of the Ombudsman from dismissing homicide charges against former president Benigno Aquino III and two former police generals in connection with the killing of 44 police commandos in Mamasapano, Maguindanao in 2015.

The SC First Division also issued a temporary restraining order (TRO) preventing the arraignment before the Sandiganbayan of Aquino, former Philippine National Police chief Alan Purisima and former PNP Special Action Force commander Getulio Napeñas Jr. for graft and the lesser offense of usurpation of official functions in connection with the brutal deaths of the 44 SAF members.

The ombudsman had junked the charges for reckless imprudence resulting in multiple homicide against the three. 

Aquino himself had sought a suspension of the court arraignment while his petition to dismiss the case is pending.

Solicitor General Jose Calida praised the SC for granting the TRO. 

Calida posted on Twitter, “I commend the Supreme Court for granting the TRO and upholding the sacred duty of the state to prosecute crimes. This is the first step to hold those responsible for the senseless killing of the SAF 44.”

Last November, the Volunteers Against Crime and Corruption (VACC), along with the relatives of the SAF 44, had sought the TRO from the SC.

Last Jan. 25, the Office of the Solicitor General filed a 45-page manifestation before the SC intervening in the case. 

Calida asked the SC to issue a TRO and a writ of preliminary injunction to prevent the arraignment on Feb. 15 before the Fourth Division of the Sandiganbayan.

Calida also asked the SC to order the Office of the Ombudsman to file 44 counts of reckless imprudence resulting in homicide against Aquino, Purisima and Napeñas. 

At Malacañang, presidential spokesman Harry Roque Jr. said,

“We respect the order of the (SC) noting that the prosecution of case is handled by the Special Prosecutor of the Ombudsman.”

Earlier, Aquino had asked the Sandiganbayan to suspend the proceedings of his criminal cases in connection with the Jan. 25, 2015 Mamasapano clash.

In his three-page motion filed before the anti-graft court’s Fourth Division last Feb. 5, Aquino through his lawyers Romeo Johann Fernandez and Cielo Marjorie Goño, said it is “premature” to start with the proceedings as his motion to quash the cases remains pending.

“If the Motion to Quash Information is granted, all incidents and proceedings taken in the meantime will be rendered moot,” Aquino’s motion read.

Aquino pointed out that even the motions to quash of his co-accused, Purisima and Napeñas, have yet to be resolved by the court.

Aquino, Purisima and Napeñas are facing one count each of violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices law and usurpation of official functions under Article 177 of the Revised Penal Code.

The cases stemmed from Aquino’s 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.

Marwan was neutralized but the operation resulted in the death of over 60 people including 44 members of the PNP-SAF.

As of now, only Purisima has been arraigned, entering a not guilty plea.

It can be recalled that Aquino’s scheduled arraignment last Jan. 12 was deferred after he filed his motion to quash a week before the proceedings.

The Fourth Division reset his arraignment on Feb. 15. The court also gave Aquino’s camp until Feb. 5 to submit a pre-trial brief, which must contain the list of witnesses and documentary exhibits they intend to present during the trial proper.

In his motion, however, Aquino said “due to the pendency of his motion to quash information, (he) believes that the filing of a pre-trial brief is premature.”– With Christina Mendez, Elizabeth Marcelo