THE Volunteers Against Crime and Corruption on Wednesday urged the Office of the Ombudsman to reconsider the filing of 44 counts of reckless imprudence resulting in homicide against former President Benigno Aquino III as well as ex-police chief Alan Purisima and former Special Action Force commander Getulio Napeñas.
In a motion, VACC founding chairman Dante Jimenez said Ombudsman Conchita Carpio-Morales ignored jurisprudence when she absolved Aquino of homicide raps despite a Senate committee report, counter-affidavits and witness’ testimonies showing he had personal knowledge of the ill-fated covert operation to neutralize the terrorist Zulkifli bin Hir alias Marwan in Mamasapano.
“The negligence of former President Aquino is the proximate cause of the deaths of the SAF 44,” the motion for reconsideration said, referring to the 44 police commandos who died in the Mamasapano raid.
“The President failed to prevent then suspended police director-general Purisima from violating Article 177 of the Revised Penal Code, Usurpation of Authority or Official Function, and as commander-in-chief, [is] ultimately responsible for the incident.”
The kin of the 44 Mamasapano victims accompanied Jimenez and VACC lawyer Ferdinand Topacio in the filing of the motion with the Ombudsman.
“Finding of probable cause needs only to rest on evidence showing that more likely than not a crime has been committed… Probable cause need not be based on clear and convincing evidence of guilt, neither on evidence establishing guilt beyond reasonable doubt and definitely, not on evidence establishing absolute certainty of guilt,” the motion said.
Morales earlier ordered the filing of criminal charges against Aquino for his culpability in the Mamasapano massacre, but limited these to usurpation of authority and violation of the Anti-Graft and Corrupt Practices Act.
According to Topacio, the charges were not commensurate to the lives of the 44 SAF members who were killed in a botched operation to go after Marwan in Mamasapano, Maguindanao on Jan. 25, 2015.
“That is not right. Aquino stole 44 lives,” he said.
Despite Purisima’s preventive suspension on Dec. 4, 2014 on charges of graft charges, Aquino allowed him to conduct Oplan Exodus to executive the arrest warrant on Marwan.
VACC called on Morales to resign, saying she was protecting Aquino, who appointed her to the Ombudsman in 2011.
Topacio said Morales was trying to hide that she was not biased when she ordered the filing of usurpation and graft raps against the former president.
Justice Secretary Vitaliano Aguirre II, meanwhile, said the cases to be filed by the Ombudsman against Aquino were weak.
“They’re too petty,” Aguirre said of the charges, noting that bail is allowed on either charge, and that the penalty would probably be less than six years.
When asked what cases he believes should instead be filed against Aquino, the Justice Secretary said he has yet to read the Ombudsman resolution.
Napeñas, who was already charged with the same offenses with Purisima before the Sandiganbayan earlier, welcomed the anti-graft office’s conclusion that Aquino has criminal liability over the encounter.
“It is based on evidence and witnesses at hand. If the Ombudsman files the case, that means there’s enough basis,” he told reporters.
The former police general also welcomed a proposal to reopen the Senate investigation on the Mamasapano encounter following Ombudsman’s findings on Aquino’s criminal liabilities.
“We should ask PNoy about his role because he was in Zamboanga at that time,” he said, referring to Aquino by his nickname. “We should find out his liability and why he did not provide help to the SAF the entire day of our operation.”
Aquino on Wednesday urged the Ombudsman to reverse its decision to charge him for usurpation of authority and graft.
Abigail Valte, Aquino’s spokesperson, confirmed the ex-president’s legal counsel had already filed a motion for reconsideration, questioning the order to file charges against him before the Sandiganbayan.