SC lifts halt order on Aquino trial over Mamasapano

MANILA, Philippines — The Supreme Court has lifted its halt order on the trial over the 2015 Mamasapano clash, where former President Benigno Aquino III stands as accused, at the Sandiganbayan.

SC spokesperson Brian Hosaka said that Chief Justice Lucas Bersamin confirmed that the SC voted to lift the temporary restraining order it issued against the trial on Feb. 28, 2018.

This means that the graft and usurpation of official function trial against Aquino, former Philippine National Police chief Alan Purisima and former PNP-Special Action Force director Getulio Napeñas Jr. can now proceed.

Ombudsman moves to withdraw graft, usurpation charges

This comes after Ombudsman Samuel Martires moved to withdraw the case, saying there is no sufficient ground or evidence to charge Aquino for graft and usurpation functions “being then the president of the Republic of the Philippines during the time material to these cases.”

The TRO was issued before Aquino, Purisima and Napeñas were arraigned.

Martires asked the Sandiganbayan to allow the withdrawal of cases against Aquino “without prejudice to the filing of appropriate charges against the accused after the conduct of preliminary investigation.”

But when Martires filed the motion, the TRO was still in place.

READ: Ombudsman drops Mamasapano graft raps vs Noy, but…

The lifting of the halt order may pave the way for the Sandiganbayan to resolve the Ombudsman’s motion to withdraw.

This may also pave the way for filing of a different charge against the Aquino. Martires had stressed that the Ombudsman's withdrawal is without prejudice to the filing of appropriate charges once his office is finished conducting another investigation on the clash.

The case stemmed from the January 25, 2015 operation in Mamasapano, Maguindanao against international terrorists hiding in the remote town. 

A clash involving the Special Action Force troopers and armed groups in the area resulted in the deaths of over 60 people, including 44 members of the elite police force.

Homicide charges?

In January 2018, the Office of the Solicitor General asked the SC to order the Office of the Ombudsman to file 44 counts of reckless imprudence resulting in homicide charges against Aquino and the two former police officials.

Solicitor General Jose Calida filed a 45-page manifestation intervening in the case filed by the Volunteers Against Crime and Corruption against the Office of the Ombudsman, Aquino, Purisima and Napeñas.

READ: SolGen wants Aquino, others charged with reckless imprudence for Mamasapano

The Ombudsman earlier dismissed the reckless imprudence complaint the Volunteers against Crime and Corruption filed against Aquino. The Ombudsman instead charged the former president for "acting, as such, in conspiracy," with Purisima, then suspended as Philippine National Police director general, in Oplan Exodus.

Retired Ombudsman Conchita Carpio-Morales, the country’s chief graftbuster when the case was filed before the Sandiganbayan, earlier denied that the office filed weak charges against Aquino and his men.

She said in an interview with CNN Philippines that her office “cannot be pressured to file a particular case against someone if we don’t believe that that should be the charge.”

“We go by the evidence,” she added.

READ: Morales denies 'weak charges' vs Aquino over Mamasapano clash

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. Homicide, meanwhile, carries a maximum penalty of 20 years imprisonment.