Kins of fallen SAFF 44 call for Mamasapano case reinvestigation

admin   •   January 24, 2017   •   6618

BAGUIO CITY, Philippines — “At muli, isang tanong lang, bakit ka nakaupo samantalang mayroong giyera buong araw? An in awang, Davao City…Gen San…Why were the air assets not called in? That’s all.”

(Again, one question, why did you just sit while there’s a war all day… Why were the air assets not called in? That’s all.)

An excerpt from the speech of Pres. Duterte during the oath-taking ceremonies of PNP officers at Malacanang on January 19, 2017.

President Rodrigo Duterte has found an ally in the parent of one of the massacred SAF 44 commandos in questioning the absence of air assets during the Mamasapano operation.

“Talaga sir, napabayaan sila. Parang kinatay lang sila doon. walang kalaban-laban… kahit man lang may eroplano sana, kahit dumaan lang, o helicopter, siguro natakot ang kalaban nila.”

(There’s no air assets sent. They were neglected. They were slaughtered, and defenseless. If only there were planes, or helicopter that just passed by, maybe the enemies got afraid.)

WATCH: Ombudsman Conchita Carpio Morales assures to finish Mamasapano probe before her term ends in 2018 

It remains unclear for Garcia Tabdi Jr, the father of the former 84th Special Action Company Commander SINSP Gednat Tabdi, why there were no reinforcements sent during the encounter of SAF troopers with members of the MILF and BIFF.

Forty-four members of the PNP Special Action Force were killed during the Oplan Exodus, a fact so difficult to forget for the loved ones left by the valiant policemen who sacrificed their lives for the country.

“Hindi lang si Marwan ang nakuha nila. Marami pala yung mga activity nila sa Zamboanga, hindi lang sinasabi ng SAF. Yung mga nakukuhang wanted, yung grupo nila, yung mga namatay sa Mamasapano…yung tatlong yun pa bali sina Erana, Tria at siya (Gednat Tabdi).

(It was not only Marwan whom they killed. They had many activities in Zamboanga, SAF’s not only announcing it. The wanted men captured, their group, those who died in Mamasapano… the three of them – Pabalinas, Erana, Tria and him.)

WATCH: 2nd year of the Mamasapano encounter, to be commemorated  

This is why Mr. Garcia is calling on President Duterte to reopen the investigation on the botched Mamasapano operation.

“Kasi baka pati si President Aquino noon eh, siyempre sa akin sa isip ko lang parang sa teacher yung di ba pag may anak ka magpapapirma ka ng waiver. Pag may nangyari sa anak mo, ang magulang ang sisisihin. pinirmahan niya ang order na Oplan Exodus na yun, eh di sya ang may kasalan doon.”

(I was thinking maybe then President Aquino was somehow involved. He’s like a teacher. When you have a child, you will be asked to sign a waiver, if something happens to your child, the parent will be the one blamed. He’s the one who signed the Oplan Exodus, so it means he’s the one liable.)

At present, his two-year-old grandson, who looks very much like his father, brings back to life the memories of Gednat.

The Tabdi family strongly believes that if there had been artillery support during the encounter, their son and the other 43 SAF members would have returned home, alive. — Jun Soriao | UNTV News and Rescue

 

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

Malacañang keeps distance from SC decision lifting TRO on Mamasapano trial

Maris Federez   •   August 7, 2019

The Office of the President has distanced itself from the Supreme Court (SC) decision that lifted the temporary restraining order (TRO) on the hearing of the case against former president Benigno Aquino III on the Mamasapano encounter.

Read: SC lifts TRO on Mamasapano trial at Sandiganbayan

Presidential spokesperson Salvador Panelo has refused to further comment on the issue as the palace would not want to be accused of meddling with the decision of the judiciary which is a co-equal branch of government.

“[W]e refuse to comment on the action undertaken by the Supreme Court, which belongs to a separate and independent branch of government from ours. We cannot and we do not intend to interfere with the functions of other branches which are distinct from the Executive,” Panelo said.

The palace, he added, would rather see the judicial process roll on its own accord.

“We will, as usual, let the law take its course,” Panelo said. (with details from Rosalie Coz) /mbmf

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

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