• Aquino off the hook

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    Purisima &  Napeñas

    Purisima & Napeñas

    Ombudsman to indict Purisima, Napeñas in Mamasapano incident

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    THE Office of the Ombudsman exonerated President Benigno Aquino 3rd of any criminal offense for his participation in planning of a police mission in the infamous Mamasapano incident early this year.

    The special fact-finding team formed by the Office of the Ombudsman to look into the case said the President’s role did not amount to any ground for impeachment.

    Malacañang on Wednesday said there is nothing to stop the Office of the Ombudsman from conducting a thorough investigation against those linked to the incident.

    Communications Secretary Herminio Coloma Jr. said the Palace respects the Ombudsman’s office it being an independent constitutional body.

    “This is part of the legal process and we respect the actions of the Office of the Ombudsman as an independent constitutional body,” Coloma noted in a statement.

    A report of the Senate Committee on Public Order, which conducted a congressional inquiry into the immediate aftermath of the incident, said Aquino should be “ultimately responsible” for allowing then-suspended Philippine National Police (PNP) chief Director-General Alan Purisima to be involved in overseeing the mission code-named “Oplan (Operation Plan): Exodus.”

    Instead, Ombudsman Conchita Carpio-Morales approved the investigating panel’s recommendation to file administrative and criminal charges against Purisima, former Special Action Force commander Getulio Napeñas and nine other police officers for their roles in the police mission.

    “Ombudsman Conchita Carpio-Morales approved the recommendation of the special panel of field investigators to initiate administrative adjudication and preliminary investigation against former police Director General Alan Purisima, former police Director Getulio Napeñas and nine other police officers in relation to what is known as the Mamasapano incident,” Assistant Ombudsman Asryman Rafanan said in a news briefing on Wednesday.

    Purisima and Napeñas are facing administrative and criminal charges in connection with a “law enforcement mission” in Mamasapano town in Maguindanao code named “Oplan Exodus” which resulted in the killing of suspected international terrorist Zulkifli Bin Hir alias Marwan as well as scores of individuals including 44 policemen from the PNP Special Action Force last January 25.

    Purisima, Napeñas and then-Senior Supt. Fernando Mendez Jr., director of the PNP Intelligence Group, are facing charges of grave misconduct and violation of Section 3(a) of the Anti-Graft and Corrupt Practices Act.

    This section prohibits officials from “persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with official duties of the latter, or allowing himself to be persuaded, induced or influenced to commit such violation or offense.”

    Purisima is also facing a charge of usurpation of official functions under Article 177 of the Revised Penal Code.

    The disgraced former PNP chief and Napeñas are also charged with neglect of duty along with Chief Supt. Noli Taliño, Senior Supt. Richard dela Rosa, Senior Supt. Edgar Monsalve, Senior. Supt. Abraham Abayari, Senior Supt. Raymond Train, Senior. Supt. Michael John Mangahis, Senior. Supt. Rey Ariño and Senior Insp. Recaredo Marasigan.
    Train was one of the survivors of the Mamasapano firefight.

    Assistant Ombudsman Asryman Rafanan said they initiated a fact-finding probe last February to look into possible persons responsible in, among others, the planning and conduct of the police operation.

    “Ombudsman Conchita Carpio Morales approved the recommendation of the special panel of field investigators to initiate administrative adjudication and preliminary investigation against former police Director-General Alan Purisima, police Director Getulio Napeñas and nine other police officers in relation to what is known as the ‘Mamasapano incident,’” Rafanan said in a news briefing on Wednesday.

    The fact-finding investigation stemmed from news reports and separate complaints filed by Fernando Perito, Pedrito Nepomuceno and Augusto Syjuco Jr.

    While the complaints did not implead Aquino, “[n]onetheless the office motu propio looked into the allegations or reports on the participation of the President,” Rafanan said.

    “And the special panel found that whatever participation the President may have had in the Mamasapano incident does not amount prima facie [based on a first impression]to a criminal offense, neither was his participation analogous to any of the impeachable offenses,” he added.

    The Ombudsman’s field investigators filed the complaint before the Office of the Ombudsman last week, Rafanan said, adding that the respondents will be given time to file their counter-affidavits.

    According to him, the complainants sought preventive suspension.

    Under Section 24 of the Ombudsman Act of 1989, which provides for preventive suspension, two requisites must concur.

    First is that that in the judgment of the Ombudsman or Deputy Ombudsman, the evidence of guilt is strong. The second may be met in either of three ways–(a) the offense charged involves dishonesty, oppression or grave misconduct or neglect in the performance of duty; (b) the charge would warrant removal from the service; or (c) the respondent’s continued stay in office may prejudice the case filed against him.

    In December last year, Morales suspended Purisima for six months and eventually dismissed him last June for forging an anomalous courier deal with Werfast Documentary Agency in 2011.

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    19 Comments

    1. Me sinasabi pa kayong prima facei. E alam na ng lahat na ang Mamasapano operation started at the covert meeting inside Malacanang w/ no less than Pnoy as the lead commander/planner. Sino niloloko nyo?

    2. You are not suppose to be a lawyer ms. Morales. Why your President , the commander in chief of the Philippines was not be held liable for the Mamasapano massacre?
      Give one reason ms. morales….?? You are fuc—- stupid…Ginagago mo na ang batas ng Pilipinas..Pati kaming mamamayan gagaguhin mo rin.. matigas na talaga ang mga mukha ng yellow zombie government..
      go to hell…

    3. WOW ! This is Unacceptable . BS Aquino is the ultimate person to be accountable for the Mamassapano operation. Morales should go down with him as well!

    4. First, President Aquino committed a huge mistake in naming a suspended PNP officer to direct and plan the SAF’s Mamasapano operation. This violated the PNP chain of command.

      Second, Aquino failed to order a rescue and reinforcement operation to save the beleaguered SAF units during the encounter. The hearings showed that he had all the time, and the units, and the information to issue the order.

      Third, Aquino had command responsibility over the whole operation because he was involved in discussions of the operation from planning to execution.

      And this guy is off the hook ?

    5. There is only one person that will go to jail and that is the coward Pres.B.S. Aquino who approved the operation then when things went wrong he abandoned and betrayed the SAF Commandos and the worst part he did so to protect the terrorist MILF so as to save the devilish BBL.

    6. Carl Cid Inting on

      The bottom-dwellers get the blame, while the one at the top of the command chain gets a free pass out of jail. C’est la vie!

    7. Normally a president being a commander-in-chief is always present in the planning, deliberation, tactics and methodology to be used in operation and execution, especially in ‘project’ as big and as serious as Mamasapano. The commander-in-chief has the LAST SAY is the bottom line! It is unimaginable as it is unbelievable how Aquino being the commander-in-chief could get away with it and be exonerated! Where is ACCOUNTABILITY of our commander-in-chief? Why public officers below Aquino are always accountable; and not him?

      • Very obvious. If the president will be also indicted, what will then happen? His soldiers will sacrifice for his honor and dignity, if he still has. Imagine, the only survivor Train is also charged of neglect of duty? Buti pa namaasaker na lang siya, hero pa siya. Now, he is considered like Purisima.

      • apolonio reyes on

        This is expected, how can a Deputy Ombudsman Rafanan or even Ombudsman Morales criminally charge a sitting president. If they do that the next day the will be a ” Mercidetas Gutierez “. either both resign or be a ” CJ Corona “. Is it not Rafanan & Morales that this is what you FEAR?

    8. Aquino, off the hook? Yes, of course. What is expected of Morales? The moral high ground? A high standard of independence from the clutches of the devil? A high bar of discernment? These are not the defining principles of her character. Afterall, she is a part of the dramatis personae in the underworld. But her day will come.

      Do you understand what I am saying Morales?

    9. Miggy Miguel on

      Ah well…no point in ruffling feathers now that baldy is about to step down. Lets wait for the case to begin and then we shall see how far his minions can protect the scion of our so called mommy and daddy of democracy. Those 44 SAF troopers and their families deserve nothing but the complete truth and our support now more than ever.

    10. Leodegardo Pruna on

      How can a leader be pronounced by his appointee, the Ombudsman, off the hook in the Mamasapano case when he was present in almost, if not all, of the briefings held in the planning and executing of the project to apprehend the terrorists? The leader is duty bound to explain his role and have the ball to come out with the truth about the incident. What seem to be real is that A BAD man is the leader of the leader without conviction. God bless the Philippines.

    11. armando flores on

      This latest OMB action charging the police officers is designed to cover up for aquino who is the principal culprit in the mamasapano massacre. Note that these police officers merely followed aquino’s marching orders to kill marwan without due process. Aquino acted based on the representation of the american government hoping that taking marwan’s life was going to be a trophy and without regard to the safety and lives of the 44 SAF policemen who were virtually sacrificed by aquino. If there is somebody who should be charged by the Ombudsman, it is no less than aquino.

    12. Who were these guys taking orders from? Pnoy of course!!! So why was he exonerated? Lutong macaw na naman!!! This Ombudsman is a big joke!

      • And I think Pnoy’s most guilty part is when he ordered the stand down when he could have saved the SAF 44 at the early hours of the operation.

    13. I hope that the truth and nothing but the truth will prevail. All of guilty verdict should be punish maximum to the limits of the law. No “Kumpadre system”. Let the law runs its course.

    14. don’t be too happy about it pnoy. wait until you’re out of office. then you can start praying. as they say: may araw ka rin. less than a year and counting.

    15. Saan kaya kumuha ng utak at kapal ng mukha itong si ombudsman morales!kung sino pa yung taong itinuturo ng lahat ng ebidensya,ay siya pa niyang inalisan at nilinis ang kasalanan!at ngayon pa agad inuumpisahan habang nasa puesto pa ang mastermind,upang kapag wala na sa puesto ay di na uli mabuksan!
      Dapat isama Ito si Morales sa iimbestiga pagkatapos ng election!