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| Ombudsman Conchita Carpio-Morales affirmed the finding of probable cause against both respondents and directed the filing of graft and usurpation of authority charges against them before the Sandiganbayan. APEC via PhilStar |
MANILA, Philippines - Denying their appeals, the Office of the Ombudsman yesterday pushed through with its decision to file charges against former Philippine National Police (PNP) chief Alan Purisima and former police Special Action Force (SAF) commander Getulio Napeñas for their roles in the bloody Mamasapano operation in January 2015.
The ombudsman said the motions for reconsideration filed by Purisima and Napeñas were denied.
Ombudsman Conchita Carpio-Morales affirmed the finding of probable cause against both respondents and directed the filing of graft and usurpation of authority charges against them before the Sandiganbayan.
Aside from criminal indictment, they were also found administratively liable for grave misconduct, gross neglect of duty and conduct prejudicial to the best interest of the service.
However, since Purisima was ordered dismissed from the service in June 2015 and Napeñas retired in July 2015, the alternative penalty of fine equivalent to their salary of one year was imposed.
They were also meted the accessory penalties of perpetual disqualification for reemployment in the government service, forfeiture of retirement benefits and cancellation of eligibility.
The Office of the Ombudsman, in its latest decision, ruled the motions for reconsideration filed by Purisima and Napeñas “deserve scant consideration.”
The ombudsman noted Purisima’s active involvement and participation in Oplan Exodus, the mission to capture Malaysian terrorist Zulkifli bin Hir, alias Marwan, and his local confederate Basit Usman, who were hiding in a remote village in Mamasapano, Maguindanao.
The ombudsman earlier ordered Purisima placed under preventive suspension on Dec. 16, 2014, stemming from another graft case filed against him.
The ombudsman said Purisima violated the chain of command. This led to usurpation of official functions when he personally directed Oplan Exodus without authority from then acting PNP chief Leonardo Espina.
Insofar as Napeñas is concerned, his constant reporting and official dealings with Purisima, notwithstanding the latter’s suspension and without the knowledge and approval of Espina, made him liable as a cohort of Purisima in usurping official functions.
The police operation turned into a bloodbath when clashes erupted with forces of the Moro Islamic Liberation Front (MILF) and the Bangsamoro Islamic Freedom Fighters (BIFF) in Barangay Tukanalipao, Mamasapano.
A total of 44 SAF policemen were killed and 12 others were wounded. More than 60 people died, including casualties among rebels and civilians.
The ombudsman said Napeñas’ plea of leniency on account of his 37 years of meritorious service in government cannot be given merit, considering that the penalty of dismissal from the service is an indivisible penalty.
Under Article 177 of the Revised Penal Code (RPC), in order to be liable for usurpation, “there must be a clear showing that the person being charged had performed an act pertaining to any person in authority or public officer of the Philippine government, under pretense of official position, and without lawfully being entitled to do so.”
Section 3(a) of RA 3019, on the other hand, penalizes a public officer who persuades, induces or influences another public officer to perform an act constituting a violation of rules or regulations.
On July 2015, the Office of the Ombudsman cleared President Aquino of any liability in the bloody Mamasapano incident even though Purisima was directly reporting to him.
Investigators said the highest executive official of the land did not commit any criminal or administrative offense.
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