Former Justice Undersecretary Jose Justiniano said on Monday that the charges filed against former President Benigno Aquino III, in relation with the deaths of 44 police commandos in Mamasapano carnage year 2015 will not stand judicial scrutiny during trial on merits of the case.
President Rodrigo Duterte also described the charges recommended by Ombudsman Conchita Carpio Morales as “silly”.
“The charges are there to ensure failure” Duterte said.
He added that the Mamasapano raid was not a misadventure but a case of Murphy’s Law, which says that anything can go wrong, will go wrong.
Moreover, he pointed out that while it was a success after killing Malaysian terrorist, they also lost forty-four men. And when asked who was at fault, he said “it was fate”.
A law dean also believes that the charges filed are light and weak.
Fr. Ranhilio Aquino, San Beda Law Dean, said the former president should be held liable not for usurpation of authority or graft, but for the death of the 44 Special Action Force (SAF) troopers.
Former national police chief, retired Director General Alan Purisima and the former chief of the police Special Action Force, retired Director Getulio Napeñas were also included in the charges filed by the Ombudsman.
On the other hand, Fr. Ranhi added that it is wrong for the Ombudsman to just base her indictment on the results of the Senate and House inquiries as she is mandated to conduct a thorough investigation.
Meanwhile, the charges filed against Aquino were levelling charges of graft and usurpation of authority against Aquino and the two police official before the Sandiganbayan.
“Certainly a public officer who is under preventive suspension in barred from performing any public functions and from meddling into the affairs of the government. In other words, Purisima would not have been placed in such a position of continuing to conduct himself, in relation to Oplan Exodus, in a manner as if he was not under preventive suspension at that time, from his position as PNP chief, were it not for the complicity and influence of [then-]President Aquino.” the Ombudsman said.
The camp of former President Aquino said they have already received the order from the Ombudsman and that they will be filing a motion for reconsideration on Tuesday.