The Supreme Court has paved the way for the anti-graft court, the Sandiganbayan, to continue with the trial against former President Benigno Aquino III in connection with the deaths of 44 police commandos in a secret mission in Mamasapano, Maguindanao in January 2015.
In a text message to reporters, the chief of the Court’s Public Information Office, Brian Keith Hosaka, confirmed the justices had lifted the temporary restraining order that had previously been issued on the case.
In 2017, the Office of the Ombudsman indicted Aquino, together with former Philippine National Police Chief Alan Purisima and former Special Action Force Director Getulio Napeñas for violation of the Anti-Graft and Corrupt Practices Act and usurpation of authority for their role in the botched Mamasapano operation that was aimed at neutralizing Malaysian terrorist Zulkifli bin Hir alias Marwan.
Marwan was killed in the operation but the SAF commandos were attacked by combined forces of the Moro Islamic Liberation Front, Bangsamoro Islamic Freedom Fighters and private armed groups, triggering a day-long firefight.
Only PO2 Christopher Lalan survived the firefight. Eighteen MILF fighters were also confirmed killed in the battle.
The charges against Aquino, Purisima, and Napeñas were filed before the Sandiganbayan in November 2017 during the time of former Ombudsman Conchita Carpio-Morales.
But relatives and family members of the slain SAF commandos petitioned the Supreme Court asking that Aquino be charged instead with reckless imprudence resulting in homicide.
They were supported in their petition by Solicitor General Jose Calida, who argued that Morales disregarded the sufficiency of the evidence against the former President when she indicted him instead for graft and usurpation of authority.
The SC issued the TRO in February 2013 just before Aquino, Purisima and Napeñas were to be arraigned on the reckless imprudence case.
In June this year, Ombudsman Samuel Martires who was appointed by President Rodrigo Duterte to replace Morales after she retired then moved to withdraw the graft and usurpation charges against the former President, saying he found no evidence to indict him in the case.
This, however, should not prejudice other charges that might be filed against Aquino after a preliminary investigation, Martires added.
The Sandiganbayan last month said it would wait for the Court to lift the TRO before it could act on Martires’ request.
Aquino has repeatedly insisted he should not be faulted for the disastrous Mamasapano operation against Marwan and instead blamed Napeñas for the debacle, saying he disobeyed his orders to coordinate the mission with the Army unit in the area.
The Palace said Wednesday it would not interfere in the case and declined to comment on it.
Presidential Spokesman Salvador Panelo said the Palace believes the Office of the Ombudsman and the Sandiganbayan can tackle the matter with independence according to their respective mandates. With PNA
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