Dismissed PNP Director General Alan Purisima and retired Special Action Forces (SAF) Director Getulio Nape帽as were formally charged on Tuesday with usurpation of authority under Article 177 of the Revised Penal Code.
They were also charged with violating Section 3(a) of the Anti-Graft and Corrupt Practices Act, which prohibits the act of persuading a public officer to violate rules and regulations.
Assistant Special Prosecutor Reza Casila-Derayunan recommended that bail be fixed at a total of P40,000 for each of the accused, but the charge sheets apparently misstated the bail recommendation for graft and reflected it as P20,000.
Although Ombudsman Conchita Carpio Morales first issued a finding of probable cause to press charges in April and denied their appeals in June, it took prosecutors seven months to finally bring the case to the antigraft court.
During the Jan. 25, 2015, massacre, 44 elite commandos were killed by rebels from the Moro Islamic Liberation Front splinter group, the Bangsamoro Islamic Freedom Fighters, and various private armed groups.
Controversy flared after it was revealed that President Benigno Aquino III entrusted the operation to neutralize two terror targets to his close friend Purisima despite his suspension pending an investigation on a graft case involving the delivery of firearms licenses.
The charge of usurpation of authority stated that Purisima took part in the so-called Oplan Exodus 鈥渦nder pretense of official position and without being lawfully entitled to do so.鈥�
Allegedly, the suspended PNP chief constantly asked for preoperational updates from Nape帽as; he also approved the final date and time-on-target coordination of the operation.
These acts were committed despite 鈥渂oth accused fully knowing Purisima鈥檚 preventive suspension from office, to the damage of public interest.鈥�
As for the graft charge, Purisima allegedly induced Nape帽as to violate the PNP chain of command, and the Ombudsman鈥檚 Dec. 10, 2014, preventive suspension order.
Purisima also allegedly convinced Nape帽as to violate a special order of Deputy Director General Leonardo Espina, the PNP鈥檚 officer in charge. The order directed suspended PNP officers to cease and desist from performing their duties and functions.
Espina and Interior Secretary Manuel Roxas II were effectively 鈥渆ased out鈥� of the operations, the charge sheet narrated.
Not only was the suspension order violated, the two officials allegedly disregarded the fact that 鈥渋t was Espina who had the authority to oversee the preparation for and conduct of 鈥極plan Exodus.鈥欌��
The case information did not make any explicit reference to the two officials鈥� coordination with Malaca帽ang.
When the fact-finding probe was concluded in July 2015, investigators recommended charges not only against Purisima and Nape帽as, but also nine other SAF troopers.
The investigators did not name Aquino as a respondent in the case. Assistant Ombudsman Asryman Rafanan said that Aquino鈥檚 participation 鈥渄id not amount to a criminal offense as he in fact ordered that they should coordinate the implementation of the operations.鈥�