Metro Manila (CNN Philippines, January 21) — The Sandiganbayan has dismissed the charges against high-ranking police officials who led the controversial Mamasapano encounter under the administration of then President Benigno Aquino III in 2015.
The court in 2019 dropped the same charges against Aquino upon the request of Ombudsman Samuel Martires, who said it does not make sense to charge a President with usurpation of authority.
The fourth division of the anti-graft court on Tuesday granted former Philippine National Police Chief Alan Purisima’s motion to quash the charges against him for graft and usurpation or unlawful use of authority. The court also found no probable cause to issue a warrant of arrest against former PNP-Special Action Forces Commander Getulio Napeñas for the same charges.
BREAKING: Sandiganbayan dismisses graft and usurpation of authority charges against former PNP-SAF chief Getulio Napeñas and former PNP chief Alan Purisima for lack of probable cause | @AC_Nicholls pic.twitter.com/ZEl49k7MMF
— CNN Philippines (@cnnphilippines) January 21, 2020
The court ordered the lifting of the hold departure orders against Purisima and Napeñas and the release of the cash bails they had posted.
Purisima was accused of conspiring with and influencing Napeñas so he could “willfully, unlawfully, and feloniously” perform the function of top cop in planning and supervising Oplan Exodus despite being under preventive suspension.
The botched operation resulted in the deaths of 44 members of the police’s Special Action Forces, known as the SAF 44, after fighting Moro rebels in Mamasapano town in Maguindanao on January 25, 2015.
In its 18-page resolution, the Sandiganbayan said Purisima’s role in Oplan Exodus was upon the orders of Aquino “who cannot be accused of and be found liable of usurpation of official functions” since he was only acting in his capacity as then President and Commander-in-Chief.
“Since, by contemplation of law, then President Aquino could not have committed the crime of usurpation of official functions herein, and accused Purisima could not have been ‘under the pretense of official function’ in following President Aquino’s orders, the inescapable conclusion is that accused Napeñas did not conspire with them in committing the said crime,” the Sandiganbayan ruled.
The court, however, stressed that the former police officials “are without any liability in the conduct of the operations of Oplan Exodus.”
This complaint was filed by former Ombudsman Conchita Carpio Morales in 2017, while dismissing the charges against Aquino for reckless imprudence resulting in multiple homicides. She said what the former President did wrong was to allow Purisima play a major role in the Mamasapano operation while he was supposed to be suspended.
Solicitor General Jose Calida wants homicide charges filed against Aquino, Purisima and Napeñas, saying they were liable for the deaths of the SAF 44. The Supreme Court, however, dismissed a petition backed by Calida seeking to charge them with homicide.
Napeñas’ camp said they have yet to receive a copy of the order signed by the division chairperson, Sandiganbayan Associate Justice Alex Quiroz.
“Nonetheless, if it is indeed true that the Court dismissed the cases against General Napeñas, we welcome such positive development and would like to send our sincere appreciation and gratitude to the Honorable Justices for seeing to it that justice is served,” Napeñas’ lawyer Paolo Mabazza said in a statement.
He said it was a victory for all uniformed personnel and that Napeñas will continue to seek justice for the SAF 44.
CNN Philippines’ AC Nicholls contributed to this report.
