The Office of the Ombudsman has ordered the filing of Usurpation of Authority case under Article 177 of the Revised Penal Code and violation of Section 3(a) of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019) against former President Benigno Aquino III.
The case will be for his liability in the January 2015 Mamasapano incident that led to massacre of 44 police commandos. Target of the mission, Zulkifli Bin Hir alias Marwan, was killed.
Included in the case ordered to be filed by Ombudsman Conchita Carpio Morales are former Philippine National Police (PNP) Director General Alan Purisima and former Special Action Force (SAF) chief Director Getulio Napeñas.
Ombudsman Morales said that “there is no gainsaying that President Aquino was fully aware that the Office of the Ombudsman had placed Purisima under preventive suspension at that time [for the anomalous Werfest deal].”
“The fact remains that, at the time, particularly before and during the actual implementation of Oplan Exodus, Purisima was under preventive suspension, and that Purisima, despite being under preventive suspension, indeed played an active role in Oplan Exodus, as shown by all the record of SMS exchanges and findings in the Senate Committee Report on the Mamasapano incident, to the point that he was exercising a degree of authority and discretion over Napeñas and consequently, over the operation,” said in the resolution.