SC upheld Ombudsman’s finding no probable cause to indict Aquino, Purisima and Napenas for homicide in Mamasapano case

September 3, 2019

The Supreme Court on Tuesday upheld a decision of the Office of the Ombudsman finding no probable cause to indict former President Benigno Aquino III, former Philippine National Police chief Alan Purisima and former Special Action Force head Getulio Napenas with reckless imprudence resulting to homicide in connection with the 2015 Mamasapano encounter.

Voting 15-0, the SC dismissed petition filed by the Volunteers Against Crime and Corruption for lack of merit.

“The Court held that the Ombudsman did not commit grave abuse of discretion amounting to lack or excess of jurisdiction in dismissing the complaints for 44 counts of reckless imprudence resulting in multiple homicide filed against private respondents,” the high court ruled.

“The Ombudsman’s consolidated resolution dated June 13, 2017 and consolidated order dated September 5, 2017 are affirmed insofar as they found no probable cause to charge private respondents Benigno Simeon C. Aquino III, Alan Purisima and Getulio Napenas with reckless imprudence resulting in homicide,” it said.

The controversy arose from the January 25, 2015 operation in Mamasapano, Maguindanao by the elite SAF commandos to get wanted Malaysian terrorist Zulkifli bin Hir alias Marwan.

Marwan was killed, but the SAF commandos were attacked by forces of the Moro Islamic Liberation Front, Bangsamoro Islamic Freedom Fighters and private armed groups in firefight.

Only PO2 Christopher Lalan survived.

Eighteen MILF fighters were also confirmed killed in the battle.

Last August 7, the SC lifted the temporary restraining order it issued on the criminal case against Aquino, Purisima and Napenas before the Sandiganbayan.

In 2017, the Office of the Ombudsman indicted Aquino, Purisima and Napenas for violation of the Anti-Graft and Corrupt Practices Act (graft and usurpation of authority) over the Mamasapano operation.

Charges against Aquino, Purisima and Napenas were filed before the Sandiganbayan in November 2017 during former Ombudsman Conchita Carpio Morales.

But relatives and family members of the slain commandos petitioned the High Court asking Aquino be charged instead with reckless imprudence resulting in homicide.

They were supported by Solicitor General Jose Calida. Calida said Morales disregarded the sufficiency of the evidence against Aquino when she indicted him for graft and usurpation of authority. DMS