Former President Benigno Simeon Aquino III and Ombudsman Conchita Carpio Morales. INQUIRER and 黑料社 FILE PHOTOS
The Office of the Ombudsman has denied the appeal of former聽President Benigno S. Aquino III, who was indicted for graft and usurpation of authority over his alleged involvement in the Mamasapano tragedy, clearing the way for the filing of the criminal information against the ex-Chief Executive before the Sandiganbayan.
In a resolution approved on September 11, Ombudsman Conchita Carpio Morales rejected Aquino鈥檚 motion for partial reconsideration, which argued that his indictment was a 鈥渕isappreciation of facts and specious application of the law鈥� and therefore, warrants the outright dismissal of the complaint against him.
The Ombudsman belied Aquino鈥檚 claim that he聽was not given the opportunity 鈥渢o adequately address and refute the charges鈥� filed against him. The Ombudsman asserted that the former President was 鈥渁ccorded the opportunity to be heard during the conduct of (the) preliminary investigation.鈥�
搁贰础顿:听Aquino appeals indictment, cites 鈥榤isappreciation of facts鈥�
Aquino was indicted for graft in violation of Section 3(a) of the Anti-Graft and Corrupt Practices Act for allegedly defying the Ombudsman鈥檚 earlier preventive suspension order on former Police Chief Alan Purisima when he purportedly allowed the ex-top cop to be involved in the 鈥淥plan Exodus鈥� operation against international terrorist Marwan in Mamasapano, Maguindanao last January 2015.
The Ombudsman meted a preventive suspension against Purisima for his alleged part in the anomalous Werfast gun courier contract.
搁贰础顿:听Aquino faces raps for usurpation of authority over Mamasapano
Aquino was also indicted for聽usurpation of authority for allegedly conspiring with Purisima and sacked Special Action Force (SAF) commander Getulio Nape帽as, both earlier charged before the Sandiganbayan with graft and usurpation of powers for allegedly bypassing the chain of command.
The former police officials鈥� indictment stemmed from their failure to coordinate with the military about the聽Mamasapano聽raid, which resulted in the delayed deployment of reinforcements for the elite SAF members, who got trapped in the crossfire with fighters from the Moro Islamic Liberation Front, Bangsamoro Islamic Freedom Fighters, and other private armed groups in the area.
鈥淧resident Aquino himself has repeatedly admitted and asserted in his counter-affidavit and in the instant motion that he utilized the services of Purisima for Oplan Exodus, albeit he is insisting that it was only for a limited role of a resource person,鈥� the Ombudsman said.
鈥淭o this Office, however, the evidence on record regarding the extent of Purisima鈥檚 actual participation in Oplan Exodus鈥� shows that he was certainly much more than being a resource person,鈥� the Ombudsman added.
The Ombudsman said it found no reason to reverse its earlier indictment for graft and usurpation of powers against Aquino, Purisima and Nape帽as, especially because it was Aquino鈥檚 role which set the motion for Purisima鈥檚 involvement.
鈥淚n sum, the finding of probable cause against President Aquino in relation to his participation in the violation of Article 177 of the Revised Penal Code (Usurpation of Official Functions) and Section 3(a) of the Republic Act 3019 still stands,鈥� the Ombudsman ruled.
鈥淟et the appropriate information be filed with the proper court,鈥� it added.
Additionally, the Ombudsman has denied the motion filed by the surviving kin of the slain SAF members, appealing the previous decision of the Ombudsman dismissing the reckless imprudence case against Aquino, Purisima and Nape帽as.
搁贰础顿:听Ombudsman clears Aquino of homicide raps over Mamasapano tragedy
The Ombudsman said there was no new evidence presented to warrant the reversal of the dismissal of the case on reckless imprudence resulting in homicide and injuries against Aquino. /kga