INQUIRER PHOTO / GRIG C. MONTEGRANDE
Former President Benigno Aquino III was ordered criminally indicted on Friday and could face imprisonment if convicted in connection with the botched Mamasapano raid that left 44 Special Action Force (SAF) commandos dead in one of the biggest crises that hit his administration.
In a resolution on Friday, Ombudsman Conchita Carpio Morales held Aquino and two other former police officials criminally liable for what had become infamously known as the Jan. 25, 2015, 鈥淢amasapano Massacre.鈥�
Morales, who administered Aquino鈥檚 oath of office and was appointed by him as chief antigraft prosecutor after she retired from the Supreme Court, named former Philippine National Police chief Alan Purisima and sacked SAF commander Getulio Nape帽as as Aquino鈥檚 鈥渃oconspirators鈥� in charges of usurpation of authority and violation of the antigraft law.
The graft charge carries a maximum penalty of 10 years in prison and four years for usurpation.
鈥淭here is no gainsaying that President Aquino was fully aware that the Office of the Ombudsman had placed Purisima under preventive suspension at that time,鈥� Morales said, referring to her order to suspend the former PNP chief over an anomalous gun license delivery deal.
She said text messages between Aquino and Purisima, which were disclosed during a Senate investigation, showed that the 鈥渟uspended police chief played a major role in the botched operation.鈥�
She said Purisima usurped authority by playing an active role 鈥渢o the point that he was exercising a degree of authority and discretion over Nape帽as and consequently, over the operation鈥� in Mamasapano.
Morales said Aquino was complicit in Purisima鈥檚 usurpation when the former President 鈥渁ssented to or at the very least failed to prevent Purisima鈥� from getting involved in the operation.
The law says a suspended public officer 鈥渋s barred from performing any public functions and from meddling into the affairs of the government.鈥� Purisima would not have been involved 鈥渨ere it not for the complicity and influence of President Aquino,鈥� Morales said.
According to Morales,聽 usurpation of authority is 鈥渃ommitted by any person who shall knowingly and falsely represent himself to be an officer, agent or representative of any department or agency of the Philippine government鈥� and unlawfully performing functions of that official.
Morales said Aquino violated a provision of the antigraft law prohibiting any public officer from inducing or influencing another to perform an act that violated duly promulgated rules and regulations.
The Ombudsman, however, dismissed a complaint of reckless imprudence resulting in multiple homicide against Aquino, Purisima and Nape帽as, saying the deaths of the commandos were caused by 鈥渢he intentional act of shooting by the hostile forces鈥� beyond their control.
The mission to arrest two militants went disastrously wrong when SAF commandos were ambushed and outnumbered by rebel gunmen.
The commandos killed one of the militants, top Malaysian terror suspect and bomb maker Zulkifli bin Hir, alias Marwan. But the brutal deaths sparked public outrage.
The fallout from the carnage, which also left 20 Moro fighters dead, included the refusal by Congress to pass the Bangsamoro Basic Law which would have crowned Aquino鈥檚 efforts to bring lasting peace to rebellion-torn Mindanao.
Senate Majority Leader Franklin Drilon said he respected but disagreed with the Ombudsman鈥檚 decision to indict Aquino, his party mate.
He said in a statement that the Senate committee on public order did not find Aquino criminally liable.
Merlyn Gamutan,聽 widow of SAF Senior Insp. Joey Gamutan, said she wanted the charges pursued against Aquino and his coaccused 鈥渦ntil they are jailed.鈥�
鈥淭hey should pay for his negligence,鈥� she told the Inquirer. 鈥淥ur husbands would still be alive if not for their negligence.鈥�
Aquino鈥檚 spokesperson Abigail Valte said he and his lawyers were studying the Ombudsman鈥檚 order 鈥渨ith the end view of filing a motion for reconsideration.鈥�
鈥淎n initial reading shows that there may have been a misappreciation of some facts surrounding the incident, leading to some erroneous conclusions,鈥� Valte said.
In a statement, President Duterte鈥檚 spokesperson Ernesto Abella said Malaca帽ang respected the Ombudsman鈥檚 decision.
鈥淭he President recognizes the heroic sacrifice of the Philippine National Police-Special Action Force 44, and it is his鈥攁nd the nation鈥檚鈥攈ope to finally bring justice to the victims and families of the Fallen 44 and put closure to the issue as part of the healing process,鈥� Abella said.
Morales issued her resolution against Aquino a day after she appeared in the television show 鈥淒irect Talk鈥� on Japan鈥檚 NHK World, in which she spoke about the dangers of 鈥渂lind loyalty鈥� to an official who appoints another to a government position.
鈥淪ome people believe that gratitude is a virtue,鈥� she said. 鈥淪o you are appointed by a particular person and so you believe that you owe it to him that you are appointed and so you are loyal to him. There鈥檚 this blind loyalty irrespective of whether the appointive power is right or wrong.鈥�
Liberal Party president Sen. Francis Pangilinan said the party 鈥渟tands by former President Aquino in his lifelong commitment to the peace process in Mindanao and see his actions in relation to Mamasapano as imperatives in good faith to advance the cause of justice and peace in Mindanao.鈥�
He said he believed Aquino could defend his actions and trusted that the Ombudsman would act 鈥渨ith fairness and credibility.鈥� 鈥擶ITH REPORTS FROM NIKKO DIZON, PHILIP C. TUBEZA, JOCELYN R. UY, THE WIRES