Friday, February 27, 2015

Chiz: PNoy not liable for Mamasapano bloodbath

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MANILA – Senator Francis ''Chiz'' Escudero believes President Benigno Aquino III may not be held liable for the Mamasapano bloodbath.

The President has been widely criticized for entrusting the anti-terrorist operation to a suspended police official, and for his perceived lack of empathy for families of the 44 Special Action Force (SAF) troopers killed in the clash.

But Escudero, chair of the Senate finance committee, said none of Aquino's actions is punishable by law.

"Sa ngayon, wala akong nakikita (For now I cannot see any liability)," he told reporters at a briefing.
"Wala sa Revised Penal Code na nagsasabing 'pag mali ang kinausap mo o tinanungan mo … may pananagutan ka (Nothing in the Revised Penal Code says you would be liable if you speak to or ask questions of the wrong person)."

In hindsight, however, the senator said the President should not have involved resigned police chief Alan Purisima in the operation. Purisima was then under suspension by the Ombudsman on corruption charges.

Aquino had said Purisima fed him wrong information on the operation, such as the presence of military support for the SAF troopers. Their exchange of text messages was made public during one of the Senate's public hearings on the matter this week.

USURPATION
Senate President Franklin Drilon, meanwhile, believes Purisima could be charged with usurpation of authority for playing an active role in the operation despite his suspension.

Escudero disagrees, however, noting that Purisima was not suspended from the police force itself.
"Suspendido lamang siya bilang PNP chief at hindi bilang pulis (He was suspended only as a PNP chief and not as a policeman)," he said.

"Nanatiling suspendidong pulis siya na may apat na estrella sa balikat niya (He remained a suspended policeman with four stars on his shoulder)."

Still, Escudero believes Purisima should have been kept out of the operation, which also led to the death of 18 members of the Moro Islamic Liberation Front and at least five civilians.
He said other officials who played key roles in the operation, such as relieved former SAF commander Getulio Napeñas, could face administrative penalties for the operation, which killed top terrorist Zulkifli bin Hir alias ''Marwan''.

Escudero said, ultimately, those who killed the SAF commandos should be held liable. They are reportedly members of the MILF, its splinter group Bangsamoro Islamic Freedom Fighters, and some members of private armies.

"Dapat mapanagot at mapaharap sa dambana ng hustisya 'yong mga kumalabit ng gatilyo laban sa kapulisan natin na gumagawa lamang ng trabaho nila (Those who pulled the trigger and killed our police who where just doing their jobs must be held liable and brought to justice)," he said.

The public order committee, which led the Senate's investigation, is in the process of preparing a committee report on the Mamasapano clash based on five public hearings and five executive sessions.
The committee's chair, Senator Grace Poe, pointed to lapses in the police's leadership and their failure to coordinate with the military and government leaders as among the reasons behind the operation's bloody end.

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