The brains behind the awfully constructed “Joint Committee Report on the bloody Mamasapano operation conducted 25 January 2015” obviously labored under the pressure of producing a report that would be admired for being truthful, logical and rigorously respectful of facts but at the same time would not too deeply incriminate President Aquino.
The result is a product that, like the PNP-Board of Inquiry report, still gives Aquino a lot of room to extricate himself from criminal liability.
The authors’ cruel treatment of cashiered PNP-SAF Director General Napeñas, summed up in No. 3 of the Executive Summary, is a microcosm of the spirit of servility to the interests of Aquino and the mental dishonesty and illogicality of the key players in the three committees.
Here are the paragraphs about Napeñas:
“3. PDIR Getulio Napeñas committed grave misconduct, violating Section 36(b)(4) of Presidential Decree No. 807, in relation to Section 46(A)(3), Rule 10 of the Revised Rules on Administrative Cases in the Civil Service:
“Given that PDIR Getulio Napeñas’ actions in directly coordinating and reporting with suspended PDG Purisima instead of the PNP OIC PDDG Espina, PDIR Napeñas broke the PNP Chain of Command and for which he may be held administratively liable for grave misconduct under Section 36(b)(4) of Presidential Decree No. 807 in relation to Section 46(A)(3), Rule 10 of the Revised Rules on Administrative Cases in the Civil Service. PDIR Napeñas had known that Purisima was already under preventive suspension by the Office of the Ombudsman long before the 9 January 2015 meeting with the President at the Bahay Pangarap. This notwithstanding, he continued to follow the “instructions” of PDG Purisima.
“The PNP-SAF is a national operational support unit of the PNP under the direct control of the Chief PNP. During the period of PDG Purisima’s preventive suspension, Napeñas, as the Director of the PNP-SAF, could only legitimately take and follow orders and directives from PDDG Espina, who was designated Officer-in-Charge of the PNP by the President. Certainly, PDIR Napeñas should not have followed orders given by the suspended Purisima.
“Napeñas may also be held administratively liable for inefficiency and incompetence in the performance of official duties and for conduct prejudicial to the best interest of the service on account of the poor planning and execution of Oplan Exodus and his failure to coordinate the operation with the AFP.”
The senators skewer Napeñas for not obeying the law and the rules and for not following the chain of command and reporting protocols to his seniors—but they also in fact state that the President of the Philippines “must bear responsibility for giving assent to and failing to prevent the unlawful exercise of official functions by PDG Purisima in connection with Oplan Exodus.”
The report recites facts showing that Aquino in fact had cancelled these laws, rules and chain of command and reporting protocols that Napeñas is berated for disobeying.
They are saying in effect that Napñas, the subaltern, under the direction of the highest authority President Aquino, who was using Purisima as his executive officer to receive reports from him and to convey orders to him, committed crimes because he did not ignore the President’s illegal directives via Purisima.
Then are the senators saying between the lines that under this President—who is criminally liable for so many wrong decisions and acts of negligence, of dereliction and of untruthfulness not just in connection with the Mamasapano Tragedy—the lawful and necessary thing that officers must do is to REJECT the obedient example of Napeñas and to REFUSE to serve this morally and psychologically defective supreme authority of the PNP.
By being so blatantly UNJUST to Napeñas, are the authors of the Joint Mamasapano Report actually sending the rank and file of the Philippine National Police a call to RISE in revolt against Aquino?