The Department of Justice on Thursday concluded its preliminary investigation on the complaint for complex crime of direct assault with murder filed against 90 Muslim rebels, in connection with the massacre of 35 of the 44 elite commandos of the Special Action Force-Philippine National Police almost one year ago in Mamasapano, Maguindanao.
DoJ spokesman Emmanuel Caparas revealed that the five-man investigating panel of prosecutors will soon come up with a resolution on whether there exists probable cause to indict the respondents on trial before the court.
“We should have a resolution soon after that (PI). Unless something earth-shaking happens at Senate, we will continue,” Caparas told reporters.
During the last day of the preliminary investigation, State Prosecutor Alexander Suarez said that the complaint was submitted for resolution after the NBI manifested that it would no longer file a reply-affidavit on the counter-affidavits filed by only four of the 90 respondents.
“Out of the 90 respondents, only four respondents submitted their counter-affidavits and this case is now being submitted for resolution. We terminate the preliminary investigation,” Suarez declared.
Those who submitted their counter-affidavits were Pendatun Utek Makakua, Mustapha Tatak, Lakiman Dawaling and Khalim Keda.
“They cannot tell actually the reason why they cannot file a counter-affidavit, but we the panel issued a subpoena for them to participate. As to matter of the decision to submit a counter-affidavit on this case, well, it’s up to them,” he said.
The prosecutor could not give a definite date on when to come up with the ruling. “We cannot give you a definite timeframe or period as we will resolve this case. What the panel can commit is we will expedite the resolution of this case,” he said.
The complaint was earlier filed with the DoJ by a joint team from the National Bureau of Investigation and the National Prosecution Service.
Those charged included 26 from the MILF, 12 from the BIFF, 52 who were either members of private armed groups or the Office of the Mayor of Mamasapano, or with no affiliations.