THE Joint National Bureau of Investigation-National Prosecution Service (NBI-NPS) Special Investigation Team on Tuesday filed direct assault with murder complaint before the Department of Justice (DOJ) against 90 individuals, including 13 commanders of the Moro Islamic Liberation Front (MILF), allegedly involved in the killing of 35 Special Action Force (SAF) commandos in Mamasapano, Maguindanao, on January 25.
Justice Secretary Leila M. de Lima did not disclose the identities of the 90 respondents pending issuance of subpoenas against them for the conduct of a preliminary investigation to determine whether there is a probable cause to bring before the trial court.
Each of the respondents is individually charged with 35 counts of direct assault with murder.
The NBI-NPS team explained that the assault on the SAF commandos became complexed with murder when they were killed by the respondents with qualifying circumstances of treachery and abuse of superior strength under Article 14 of the Revised Penal Code (RPC). The respondents came from the MILF, Bangsamoro Islamic Freedom Fighters, private armed groups and other unaffiliated individuals.
The 35 police commandos were part of the 55th Special Action Company (SAC) who were killed at Barangay Tukanalipao, Mamasapano, under Articles 148 (direct assault) and 248 (murder), in relation to Article 48 (penalty for complex crimes) of the RPC.
The team also recommended the prosecution of the respondents for theft of government property under Article 308 of the RPC for their unlawful taking of government-issued firearms, ammunition, communications and navigational equipment, personal protective gear, uniforms, combat boots and even personal effects of the 55th SAC commandos.
The complaint does not cover the deaths of nine other SAF commandos of the 84th Seaborne Company who attempted to arrest but later neutralized international terrorist Zulkifli Bin Hir, alias Marwan, at his hut in Barangay Pidsandawan, Mamasapano.