SC issues TRO stopping anti-graft court hearings on Aquino role in Mamasapano

February 9, 2018

The Supreme Court on Friday issued a temporary restraining order stopping the Sandiganbayan’s hearings on graft and usurpation of authority cases filed by the Office of the Ombudsman against former President Benigno Aquino III for his alleged role in the 2015 Mamasapano clash that resulted in the death of 44 members of the Special Action Force commandos.

In a two-page resolution, the SC granted the appeal of the Office of the Solicitor General seeking to stop the court proceedings on the Mamasapano cases at the Sandiganbayan pending resolution of their petition seeking inclusion of Aquino and two others as respondents in a complaint for reckless imprudence resulting in multiple homicide.

The high court enjoined the anti-graft court from proceeding with the arraignment of Aquino, former Philippine National Police chief Director General Alan Purisima, and former SAF chief Getulio Napeñas.

The Sandiganbayan had set the arraignment on Thursday, Feb. 15.

“Acting on the petitioners’ prayer for the issuance of temporary restraining order and/or writ of preliminary injunction as well as all subsequent pleadings filed in these cases, including the Solicitor General’s manifestation in lieu of comment on the petition for certiorari, the Court resolves . . . to issue a temporary restraining order as prayed for, effectively immediately, continuing until further orders from this Court . . .” the SC resolution said.

The tribunal also enjoined the Ombudsman from implementing its assailed consolidated resolution, “insofar as it dismissed the complaint for reckless imprudence resulting in multiple homicide against respondents Benigno Simeon C. Aquino III, Alan LM Purisima and Getulio Napenas and from further proceedings in the subject cases.”

Solicitor General Jose Calida has asked the SC to order the anti-graft body to charge Aquino with reckless imprudence resulting to homicide for the death of 44 SAF members in Mamasapano.

The Ombudsman has charged Aquino, Purisima and Napeñas with charges of usurpation of official functions and violation of the Anti-Graft Law, but the anti-graft body dismissed the case for reckless imprudence resulting in homicide. DMS