By Butch Fernandez
GIVING a glimpse on the line of questioning at the resumption of the Senate’s Mamasapano inquiry on January 25, Sen. Juan Ponce Enrile indicated that senators are likely to focus the investigation on why the 44 Special Action Force (SAF) commandos died during the 11-hour-long firefight with rebels in an area known to be controlled by the Moro Islamic Liberation Front (MILF).
Enrile noted that there were no reports that government military forces acted quickly to rescue the encircled SAF commandos already extricating from the MILF area after completing their mission to bag Jemma’ah Islamiya bomber Zulkifli bin Hir, alias Marwan.
Should the President volunteer to appear before the Senate inquiry, the senator said Aquino would likely be asked to enlighten senators on what the Commander in Chief and government forces did to rescue the SAF commandos.
“What did the President do? He is the leader who triggered everything that happened, he is the head of state and Commander in Chief of the Armed Forces, with wide-ranging authority. Ano b’ang ginawa niya na hindi sinagip ’yung mga tao para kung may mamatay man ay hindi ganon karami?” Enrile asked.
At the same time, Sen. Ferdinand Marcos Jr. deplored the Aquino administration’s attempt to “discredit the reopening of the Senate probe of the Mamasapano incident even before it started.”
In a statement, Marcos noted that Aquino himself said he saw politics behind the reopening of the Mamasapano inquiry, lamenting, “it is unfortunate that instead of awaiting the outcome of the investigation, Malacañang insinuates bad faith in the reopening of the Mamasapano probe.”
Marcos pointed out that President Aquino also admitted the resumption of the probe may produce answers to lingering questions on what really happened in Mamasapano. “If Malacañang really has nothing to hide, it should welcome the reopening of the investigation. I believe majority of the Filipino people sincerely want answers and would be discerning enough to recognize any attempt at grandstanding merely to score political points,” the senator said.
The senators set the reopening of their Mamasapano inquiry to scrutinize new evidence on January 25, exactly one year after the bloody police operation.
Cries for justice
DESPITE the President’s promise to bring justice to the families of the Fallen 44, a year after, his promise remains a promise.
And the Department of Justice (DOJ), which has been tasked to bring their killers before the bar of justice, admitted it is not that easy.
In the investigation report submitted by the National Bureau of Investigation-National Prosecution Service (NBI-NPS) fact-finding team to the DOJ, it noted that more than 1,000 participated in the massacre of SAF commandos, but only 90 were identified by witnesses, particularly a star witness known only by the code name “Marathon.”
Marathon provided the NBI a video stored in his mobile phone that depicts scenes from the Mamasapano incident.
Despite Marathon’s admission that he was not the one who recorded the video as it was only shared to him via Bluetooth, the fact-finding team said he was able to prove the due execution and authenticity of the said video.
The 90 respondents belong to the MILF, its rival Bangsamoro Islamic Freedom Fighters and local private armed groups, according to investigators.
They have been charged with the DOJ for the complex crime of direct assault with murder for the death of the 35 of the 44 SAF members belonging to the 55th Special Action Company (SAC).
On the other hand, the NBI-NPS fact-finding team failed to gather evidence that would point to those responsible for the killing of the other nine members of the 84th SAC.
State prosecutor Alexander Suarez, one of the members of the five-man preliminary investigation panel, said only six out of the 90 respondents have responded to the subpoenas they issued.
Out of the six, four have submitted their counter-affidavits, denying their involvement in the incident, while the two others are expected to submit their own counter-affidavits on January 14, the last day of the preliminary investigation.
“So we hope come January 14 they would appear and submit their counter-affidavit, if not then the complaint will be submitted for resolution,” Suarez said.
Suarez admitted that the panel could not ascertain whether the subpoenas they issued were actually served to the 84 respondents or not, as authorities tasked to serve the notices have not submitted any return.
“Well we don’t know if those subpoenas were received or not, but with respect to those who participated, they told us, of course, the fact that they participated, they received the subpoena and basically the respondents are only in the same area, so I doubt that they did not receive the subpoena,” Suarez pointed out.
Last month the panel considered as submitted for resolution the cases of direct assault with murder against the 84 other suspects following their failure to show up during the earlier preliminary investigation hearings.
It can be recalled that the MILF leadership had turned down calls for it to surrender its members implicated in the killing of SAF 44.
It insisted that, being a revolutionary group, it must be understood that they are not subject to Philippine criminal laws.
They stressed that MILF members found involved in the Mamasapano incident must be punished under their own internal discipline procedures.
Due process
SUAREZ said the failure of the 84 respondents to participate in the preliminary investigation does not mean an automatic filing of a case against them in court.
He explained that the respondents’ right to due process will have to be respected and the evidence presented against them should still be carefully examined.
“There is a clamor for justice, but people should understand it is easy to file a complaint, saying that this particular person who is not even guilty, that he has a hand, he participated, but we also have to determine if we have evidence to say that this particular person, indeed, participated,” Suarez explained.
“So, in determining probable cause, the minimum requirement of evidence should at least be there to prove that, indeed, this person participated. Baka the public is expecting all of these respondents will be indicted, kaya nga tayo may due process,” he added.
The DOJ panel has, so far, conducted two preliminary hearings to give the respondents an opportunity to answer the allegations against them.
The third and last preliminary investigation is scheduled on January 14.
Suarez told the BusinessMirror that the resolution of the case of SAF 44 is being prioritized as instructed by Justice Secretary Alfredo Benjamin Caguioa and Prosecutor General Claro Arellano.
“We are prioritizing it. Justice Secretary Caguioa and Prosecutor General Claro Arellano instructed us to do so,” Suarez said.
He added that the panel understands the sense of urgency to resolve the case in time for the commemoration of the first anniversary of the tragic incident.
But, the official admitted that, with the voluminous documents and evidence to scrutinize, it is unlikely that a resolution will be released before January 25.
“We will resolve it with dispatch as soon as possible because we know the public is already awaiting, there is already a clamor, moreso that the anniversary [is coming],” he said.
Suarez said the last day of the preliminary investigation is on January 14, thus, if ever the case is submitted for resolution the panel will only have 11 days to resolve the case in time for the anniversary.
“I don’t think so, with the number of respondents and the voluminous documents; although we are five members of the panel, even if we divide the workload, we have to scrutinize everyone because it’s very hard, it’s not, some people think because they are already respondents, they should already be charged,” Suarez stressed.
He added that “mere presence on the scene of the crime does not [render a person accountable for an offense],” thus, they have to look at the evidence presented against each one of the respondents.
Accountability
THE reopening of the Senate investigation into the slaughter of the Fallen 44 was pushed by Enrile in the wake of what he called new evidence on the case.
Enrile wants to know where and what President Aquino was doing during the whole day that the commandos were being mowed down, suggesting there was a “paralysis” of the government.
The Committee on Public Order and Dangerous Drugs, one of the two Senate committees that will jointly hold the hearing, has already made a finding of facts when it investigated the case last year, recommending for the prosecution of President Aquino or at least holding him liable over the carnage.
“The President must bear responsibility for giving assent to and failing to prevent the unlawful exercise of official functions by PDG [Police Director General] [Alan] Purisima in connection with Oplan Exodus,” Sen. Grace Poe’s committee’s executive summary report read.
“As the Commander in Chief of all armed forces of the Philippines, the President exercises supreme operational command of the nation’s military forces. The President also controls all the executive departments, bureaus and offices. He wields the awesome powers of government, and has its vast resources at his disposal,” she added
“The President’s decision not to use these resources at that instance must be explained by him. The President is ultimately responsible for the outcome of the mission,” Poe’s committee also added.
Not only Poe’s committee held Mr. Aquino liable over the slaughter of the 44 policemen, six of them junior officers, but even by another investigation or an inquiry that was conducted by the National Police, which the President administratively supervises through the Department of the Interior and Local Government.
The investigation was conducted by the force’s Board of Inquiry, which was headed by Director Benjamin Magalong, then the chief of the Criminal Investigation and Detection Group.
“Based on the records, Oplan Exodus was approved by the President and implemented by suspended CPNP [Chief, Philippine National Police] Purisima and the director of SAF [Getulio Napeñas] to the exclusion of Officer in Charge of the National Police Leonardo Espina,” the board declared in its findings.
“The participation of the suspended Purisima in Oplan Exodus was carried out with the knowledge of the President. Records revealed instances when Purisima met with the President and Napeñas to discuss Oplan Exodus,” the board added.
“In dealing with Napeñas, and even Purisima, instead of Espina, the President bypassed the chain of command,” Magalong’s board also said.
While the two investigations declared the liability of the President, not a single case has been filed against Mr. Aquino, and even against Napeñas and Purisima.
As to those who were directly involved in the slaughter, while an investigation has been conducted by the National Bureau of Investigation, which recommended for the filing of charges, not any member of the MILF and the BIFF or even a member of the private armed groups was arrested and prosecuted.
If justice and accountability escape the massacre, the standing demand of the National Polie for the MILF to return all of the equipment of the killed commandos that were looted by its members in order to at least mollify the grieving police organization has not also been fully met.
In March last year, the military managed to collect from people in Maguindanao some of the mission equipment that the killed SAF members lost during the ambush.
The equipment included five night-vision goggles, three laser target pointers, two night-fighting devices, two night-vision monoculars, three handheld Harris radio transceivers, a Nebo Protec laser designator, two gas masks, one kevlar helmet, a vest, a pair of combat boots, lower uniform pants and two gun protective cases.
In February or a month before that, the MILF also turned over to the military 16 of the firearms and other weapons that the SAF lost during the operation. The firearms were later turned over by military officials to the National Police then headed by Deputy Director General Leonardo Espina.
Most of the firearms that were turned over, however, had missing parts or no longer have their original parts. One firearm does not even have its lower assembly, prompting the police and even senators to ask whether the MILF was really serious in its peace talks with the government.
The surrender of the lost firearms, which MILF fighters took from the police commandos after they have slaughtered them, was supposed to be a small token of confidence-building measure from the MILF in order to get the peace talks moving.
The policemen lost a total of 63 firearms, including a rocket-propelled grenade launcher. They were also stripped of their combat uniforms and personal belongings, like watches and wedding rings.
The BIFF, which was also involved in the ambush-killing of the commandos, has taken at least 10 firearms, including an RPG launcher, which it said it will never return to the government.
While they are still grieving, relatives of the killed elite policemen regularly wail of not having received benefits and assistance that have been promised to them by the government weeks after the killing.
But the National Police spokesman, Chief Supt. Wilben Mayor, said the families of the killed policemen were being taken care of, with all of the benefits due them being accorded.
He said that as of June last year, the families had already received a total of P69,566,524.88 in lump-sum death benefits from the Office of the President, the National Police and the National Police Commission (Napolcom).
An additional P11 million in cash donations from the Senate, the House of Representatives and the local government of Dasmariñas, Cavite, have also been given.
In addition to the lump-sum benefits and cash donations, qualified beneficiaries were also receiving an average monthly pension of P12,000 from the National Police and another P16,000 average monthly pension from the Napolcom.
The lump-sum benefits received by all SAF 44 beneficiaries included P250,000 from the President’s Social Fund, totaling P11 million; an average of P174,600 Special Financial Assistance from the National Police, totaling P7.6 million; and an average of P218,294.19 Commutation of Accrued Leaves, totaling P9.6-million.
Mayor said other individual lump-sum benefits received by each of the SAF 44 families included an average P26,062 in back-earned pension (BEP) from the National Police; an average of P65,759 in burial benefits from the Napolcom; an average of P263,039 Napolcom gratuity; an average of P38,222.36 BEP from the Napolcom; and an average of P557,677.12 insurance benefits from the Public Safety Mutual Benefit Fund Inc.
“Each individual SAF 44 beneficiary has received an average of P1,593,656.19 in total lump-sum benefits, depending on rank,” he said.
Mayor said the Napolcom is also granting educational scholarship to deserving children of the SAF 44.
Image credits: AP Photo/Aaron Favila, AP/Bullit Marquez