Metro Manila (CNN Philippines) — Just 24 hours after stepping down as president, Benigno Aquino III was slapped with a criminal complaint in connection with the deaths of 44 Special Action Forces (SAF) members in the Mamasapano encounter.
The complaint of reckless imprudence resulting in 44 homicides was filed with the Office of the Ombudsman Friday by 72-year old Erlinda Allaga, mother of PO3 Robert Allaga, and 71-year old Warlito Mejia, father of PO2 Ephraim Mejia against Aquino, former Philippine National Police (PNP) Chief Alan Purisima, and former PNP-SAF Chief Getulio Napenas.
Troopers Mejia and Allaga were among the 44 SAF members killed in the operation to capture Malaysian terror suspect Zulkifli Bin Hir (Marwan) and Basit Usman in January 2015. Marwan was killed in the operation and Usman, a known bomb-maker, escaped but was killed weeks later by the Moro Islamic Liberation Front.
“Dapat managot sila … Gusto namin ng katarungan,” said Mejia.
[Translation: “They should be held responsible. We want justice!”]
“Kung sino man ang nagkasala dito, siya dapat ‘yung makulong,” added Allaga.
[Translation: “Whoever committed wrongdoing here should be jailed.”]
In a statement Aquino, said he has instructed his lawyers to study possible legal actions against those who filed the “frivolous cases which are nothing more than harassment.”
“I reiterate that if my instructions to then-SAF Director Getulio Napeñas were followed to the letter, perhaps the risks of the operation could have been minimized, and that this tragedy could have been averted,” he said.
The Allaga and Mejia families sought the help of the Volunteers Against Crime and Corruption (VACC). Members of the group held up posters showing the faces of Aquino, Purisima, and Napenas outside the Ombudsman’s office to show support for the SAF members’ families.
In their complaint, Allaga and Mejia said there was negligence, imprudence, lack of foresight, and lack of skill in executing “Oplan Exodus” to capture Marwan and Usman.
The families’ lawyer, Ferdinand Topacio, said their complaint is different from the charges that the Ombudsman had decided to file against Purisima and Napenas and urged it to consider their case not just against the two former PNP officials but also Aquino.
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The Ombudsman two weeks ago decided to file charges of graft and usurpation of authority against Purisima and Napenas but it cleared Aquino of any criminal liability in connection with the Mamasapano deaths.
“Si Aquino ay katulong sa pagpaplano, pag-apruba ng Oplan Exodus. Pinabayaan niya si Alan Purisima na hindi dapat mamuno sa kapulisan,” said Topacio.
[Translation: “Aquino was involved in the planning and approval of Oplan Exodus. He allow the participation of Alan Purisima, who should not have led the police.”]
Topacio said more cases are expected to be filed against the three.
In his statement, Aquino maintained his innocence, calling Topacio an “attention seeker” and his accusations absurd.
Ombudsman probers had cleared Aquino of any liability in the Mamasapano clash, saying his “participation did not amount to a criminal offense as he, in fact, ordered that they [the police] should coordinate the implementation of operations.”
The Mamasapano operation also claimed the lives of 18 members of the Moro Islamic Liberation Front (MILF), and four civilians. More than a dozen other SAF troopers also were wounded.
Also read: Ombudsman affirms Mamasapano charges vs. Purisima, Napeñas
