Charge the culprit, no to all out war — Malacañang

admin   •   February 11, 2015   •   2212

Presidential Spokesperson Secretary Edwin Lacierda (UNTV News)

MANILA, Philippines – Presidential spokesman Edwin Lacierda admits it is difficult for them to give out any information as of now regarding the Mamasapano clash particularly on the questions that surround the issue.

According to Lacierda, we must let the truth come out in the ongoing investigation on the said incident.

“All those facts Chair Iqbal the MILF hopefully will be appearing tomorrow (Thursday) to discuss all those matters, what the role of the MILF was, why is it that they decided to intervene and join, in fact that was one of the questions the President was asking the MILF, why did you join where you are not naman the target of the operation, so those are the questions that hard questions for any sector for the SAF, for the army and for the MILF to respond to,” Lacierda said in an interview, Wednesday.

As of now, according to the secretary, some issues remain as speculation and one of these is the alleged involvement of the president and retired PNP chief General Purisima in the said operation.

Malacañang said they understand the sentiments of some group but their stand remains firm that war is never the solution to give justice on the death of SAF 44.

“We need to find justice for them, but we also need to move forward and realize, is war the solution because we are now saying that of what happened, lets find accountability for those who killed the SAF 44,” Lacierda said.

Malacañang also called on the public not to spread the recent video showing the close up murder of one SAF member on social media anymore.

“It’s very difficult, that’s saw the video as well as, that’s very difficult situation were you present with those videos.”

“Whoever uploaded that video is a heartless fellow and if you still some humanity left in your soul and we ask you to take it down,” Lacierda added. (Nel Maribojoc / UNTV News)

Sandiganbayan junks raps vs Purisima, Napeñas over Mamasapano clash

Aileen Cerrudo   •   January 22, 2020

The Sandiganbayan has dismissed the charges against former Philippine National Police (PNP) chief Alan Purisima and ex-PNP Special Action Force chief Getulio Napeñas over the Mamasapano clash in 2015.

The dismissal of the charges against the two former police officers was due to the lack of probable cause to charge them of graft and usurpation of official functions complaints for their involvement in the anti-terrorist operation in Mamasapano, Maguindanao in 2015.

The said operation led to the deaths of 44 Special Action Force (SAF) commandos.

Purisima was charged for still leading the operation to kill terrorists Zulkifli bin Hir or Marwan and Abdul Basit Usman, under Oplan Exodus, despite being suspended as the Philippine National Police (PNP) chief.

Napeñas, on the other hand, was also charged for allegedly conspiring with Purisima.

Based on the resolution, Purisima and Napeñas cannot be charged due to the lack of sufficient evidence.

“There is no mention in the information, nor any evidence on record, that accused Napeñas received or expected to receive any material remuneration or consideration therefor,” the resolution states. “It could not be said that Purisima was under the pretense of being a PNP chief because he was ordered by his president and commander-in-chief to perform such supervision and monitoring.”

Purisima and Napeñas were charged with violating Section 3(a) of the anti-graft law which punishes “persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations.”

Meanwhile, the Sandiganbayan said the dismissal of the criminal complaints did not mean that the two accused had no liability over the Mamasapano clash and appropriate charges can still be filed against them.

“What the court merely ruled is the non-existence of probable cause against Napeñas in both charges and the insufficiency of the allegations in the information filed against Purisima,” the resolution reads.—AAC

SC lifts TRO on Mamasapano trial at Sandiganbayan

Maris Federez   •   August 7, 2019

The Supreme Court has lifted the temporary restraining order (TRO) it had issued on the Mamasapano trial at the Sandiganbayan.

SC spokesperson Brian Keith Hosaka in a statement on Wednesday said that the justices have voted the lifting of the temporary restraining order during Tuesday’s en banc session.

“I would like to confirm that the Supreme Court has lifted the TRO on the Mamasapano trial before the Sandiganbayan,” Hosaka’s statement said.

“With the lifting of the TRO, the Sandiganbayan may now proceed with the trial and act on pending matters filed before it,” he added.

The decision is expected to pave the way for possible action on the withdrawal of the graft and usurpation of authority charges against former President Benigno Aquino III in connection with the Mamasapano clash that killed 44 Special Action Force (SAF) commandos on January 25, 2015. 

The charges were filed with the Sandiganbayan in November 2017 by then Ombudsman Conchita Carpio-Morales.

Charged with Aquino were former Philippine National Police chief Alan Purisima and former PNP-SAF director Getulio Napeñas, Jr.

Aquino was scheduled to be arraigned, but the SC issued a TRO that halted the proceedings in the case in February last year, acting on a petition by relatives of two of the slain elite policemen that Aquino be charged instead with reckless imprudence resulting in homicide.

In June this year, Ombudsman Samuel Martires moved to withdraw the graft and usurpation charges against the former president, saying he found no sufficient ground and evidence.

Martires, however, added that his decision was without prejudice to the filing of appropriate charges against the accused after the conduct of a preliminary investigation.

In July, Sandiganbayan, on the other hand, said the anti-graft court will wait for the SC to lift the TRO before it could act on the Ombudsman’s motion. (with details from Mai Bermudez) /mbmf

Palace won’t interfere on Ombudsman’s withdrawal of raps vs Noynoy

Robie de Guzman   •   July 1, 2019

MANILA, Philippines – Malacañang said it will not meddle with the Office of the Ombudsman’s decision to move for the withdrawal of the graft and usurpation cases filed against former President Benigno Aquino III in relation with the Mamasapano encounter in 2015.

“The Palace doesn’t interfere with the other branches of the government as well as constitutional bodies. They have their assigned constitutional functions,” presidential spokesperson Salvador Panelo said in a statement on Saturday.

“They should freely perform their given constitutional tasks without interference from anyone or any entity,” he added.

Panelo’s statement comes after Ombudsman Samuel Martires filed a motion to withdraw the violation of anti-graft laws and usurpation charges that the government filed against Aquino in connection with the deaths of 44 Special Action Force (SAF) commandos in Mamasapano, Maguindanao in 2015.

In a two-page resolution dated June 24, Martires said the withdrawal of charges was due to lack of sufficient ground to charge Aquino for graft and usurpation of official functions under the Revised Penal Code.

The charges, filed by then Ombudsman Conchita Carpio-Morales, stemmed from Aquino’s decision to allow suspended National Police chief Alan Purisima to participate in the botched operation which resulted in the death of SAF troopers.   

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