INDICTED. Former president Benigno Aquino III faces graft and usurpation of authorities charges for his role in the botched Mamasapano operations. File photo by Lauro Montellano Jr./ Malacanang Photo Bureau

MANILA, Philippines (UPDATED) – Ombudsman Conchita Carpio Morales on Friday, July 14, ordered graft charges filed against former president Benigno "Noynoy" Aquino III for his role in the botched Mamasapano operation in January 2015.



Morales on Friday issued the 35-page resolution on the complaint against Aquino, where she also ordered the filing of usurpation of authority charges against the former chief executive.

Morales dismissed charges of reckless imprudence resulting in multiple homicide against Aquino, former Philippine National Police (PNP) chief Alan Purisima, and former Special Action Force (SAF) chief Getulio Napeñas Jr.

The case involves the Aquino administration's Oplan Exodus, which sought to neutralize terrorists Zulkifli bin Hir or Marwan and Abdul Basit Usman. While Marwan was killed during the operation, and months later Usman, missteps in the operation led to the death of 44 elite cops and 23 civilians. (READ: President Aquino and the ghosts of Mamasapano)

Charges vs Aquino

The Ombudsman said it ordered Aquino's indictment because he allowed the participation of Purisima in the police operation even though he was suspended at the time. (READ: Mamasapano clash: What did Aquino know?)



The Ombudsman suspended Purisima in December 2014 because of graft charges over the anomalous Werfast courier deal, the cause of his eventual dismissal.

Aquino is indicted for graft for allegedly violating Section 3(a) of the Graft Law which states that it "shall be unlawful for any public officer to persuade, induce or influence another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter."

“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 President Aquino," Morales said in her resolution.

Aquino is indicted for usurpation of authority because he "failed to prevent" Purisima from committing the offense.

Usurpation of authority under Article 177 of the Revised Penal Code is one's false representation as an officer, agent or representative of any department or agency of the Philippine Government, or who, under pretense of official position, shall perform any act pertaining to any person in authority or public officer of the Philippine Government, or any agency thereof, without being lawfully entitled to do so.

"All the foregoing circumstances establish probable cause against President Aquino for violation of Article 177 of the Revised Penal Code, in conspiracy with Purisima and Napeñas," the Ombudsman said.



Conspiracy

Purisima and Napeñas were charged before the anti-graft court Sandiganbayan in January for one count each of usurpation of public function and graft. (READ: Aquino pins down Napeñas in Mamasapano affidavit)

So even though the new consolidated resolution details how Purisima and Napeñas committed graft and usurpation, they will no longer be charged again because the complaints are the same.

Instead, the information which will be filed is "against President Aquino, in conspiracy with Purisima and Napeñas."

This consolidated resolution resolves 3 complaints filed by kin of the SAF 44 and the Volunteers Against Crime and Corruption (VACC).

Aquino can still appeal this indictment, his first since stepping down from presidency.

If found guilty, Aquino, Purisima, and Napeñas face jail time of 6 to15 years for graft, and 6 months to 4 years for usurpation of authority.

The indictment is a turnaround from the findings of a special panel created by Morales in July 2015 which cleared Aquino of all liabilities over Mamasapano.

Morales also earlier cleared Aquino of graft, malversation, and usurpation of legislative functions over the Disbursement Acceleration Program (DAP) but this is currently on appeal before the Office of the Ombudsman. Morales has yet to resolve the motion for reconsideration filed by complainant Bayan Muna.

Dismissal of homicide charges

Morales said the homicide charges are dismissed because the offenses committed by the 3 were not the "proximate cause" of the deaths of SAF troopers and civilians.

To charge someone of reckless imprudence resulting in multiple homicide, it must be proven that the negligence of the accused was the "proximate cause" of the deaths.

For Morales, the proximate cause was the "intentional act of shooting by hostile forces that included members of the MILF (Moro Islamic Liberation Front), BIFF (Bangsamoro Islamic Freedom Fighters) and PAGs (Private Armed Groups)."

First, Morales said Aquino cannot be charged of reckless imprudence resulting in multiple homicide because the lapses in the operations are the doing of only Purisima and Napeñas.

"Perforce, only these two officials should bear the commensurate responsibility of the said mission," Morales said.

Still for Morales, Purisima and Napeñas cannot be charged because their negligence "was still short of criminal negligence precisely because it was not the proximate legal cause."

Read Morales' resolution here:

Ombudsman indictment of Noynoy Aquino by Lian Nami Buan on Scribd</s>The LP 'sees his actions in relation to Mamasapano as imperatives in good faith to advance the cause of justice and peace in Mindanao,' says party president Senator Francis Pangilinan

MANILA, Philippines – The Liberal Party (LP) defended its chairman emeritus, former president Benigno Aquino III on Friday, July 14, after the Ombudsman ordered the filing of graft and usurpation of authority charges against him for his role in a bungled police operation that claimed the lives of more than 60 people, including 44 elite policemen.

“The Liberal Party stands by President Aquino, as well, in his life-long commitment to the peace process in Mindanao, and sees his actions in relation to Mamasapano as imperatives in good faith to advance the cause of justice and peace in Mindanao,” said party president Senator Francis Pangilinan in a statement released to media.

In a resolution issued on July 14, Ombudsman Conchita Carpio Morales said she ordered Aquino’s indictment because he allowed his friend, former Philippine National Police (PNP) chief Alan Purisima to play a part in the operation despite his suspension over corruption charges.

The operation, launched on January 25, 2015, aimed to neutralize Malaysian bomb maker Zulkifli bin Hir alias “Marwan” and several other wanted terrorists.

But “Oplan Exodus,” which investigators later characterized as “defective,” flopped in the wee hours of the morning. Two companies of PNP Special Action Force (SAF) troopers encountered local armed groups in two villages in Mamasapano, Maguindanao.

After almost an entire day of fighting, 44 policemen, 14 Moro Islamic Liberation Front (MILF) fighters, and at least 4 civilians were killed.

“An initial reading shows that there may have been a misappreciation of some facts surrounding the incident, leading to some erroneous conclusions. He will seek to clarify the same through a motion for reconsideration,” said Aquino through his spokesperson, former palace spokesperson Abigail Valte.

Pangilinan has as much to say. “The Liberal Party expresses its faith in the ability of Former President Benigno Aquino III to defend his actions before, during and after the tragic Mamasapano event."

The Mamasapano clash and its aftermath was among the lowest points of Aquino’s presidency. His ratings dipped in the months after and allegations and negligence hounded him even after he stepped down in June 2016.

The clash also triggered a series of events that led to the failure of the proposed Bangsamoro Basic Law. (READ: President Aquino and the ghosts of Mamasapano)

Morales, an Aquino appointee, had earlier ordered a forfeiture case filed against Purisima for allegedly amassing P29.2 million in ill-gotten wealth during his time in office.

Purisima was suspended in December 2014 – during which Oplan Exodus was finalized – over an allegedly anomalous deal with a courier service. The same case was the basis for his dismissal from service in June 2015.

Purisima and Getulio Napeñas Jr., the SAF director who planned and implemented the botched operation – were tagged Aquino’s “co-conspirators” in the case. They had earlier been charged before the anti-graft court Sandiganbayan in January 2017 one count each of usurpation of public function and graft.

Pangilinan said the party trusts Morales to be fair. “We also express our trust in Ombudsman Conchita Carpio Morales: that she will oversee this necessary process of truth-seeking with fairness and credibility,” he said.

Aquino and Purisima go a long way. (READ: Aquino, General Purisima and the past that binds them)

They first met when the former president’s late mother, Cory Aquino, was still commander-in-chief. Purisima, a member of the Presidential Security Group then, was assigned to guard Aquino. – Rappler.com</s>(UPDATED) Aquino spokesperson Abigail Valte says the ex-president 'will seek to clarify' certain facts as stated in the Ombudsman decision

MANILA, Philippines (UPDATED) – Former president Benigno Aquino III will appeal the Ombudsman’s decision indicting him for his role in the bloody anti-terror operation in Mamasapano, Maguindanao, that killed more than 60 Filipinos, including 44 elite policemen.

In a statement on Friday, July 14, Aquino spokesperson Abigail Valte said the former president “received the order of the Ombudsman this afternoon and is currently studying it with his lawyers, with the end view of filing a motion for reconsideration.”

Valte added: “An initial reading shows that there may have been a misappreciation of some facts surrounding the incident, leading to some erroneous conclusions. He will seek to clarify the same through a motion for reconsideration." (READ: What did Aquino know?)

On Friday, Ombudsman Conchita Carpio-Morales, an appointee of Aquino, ordered the filing of graft and usurpation of authority charges against the ex-president for allowing a suspended National Police chief, Alan Purisima, to take part in the botched operation.

The 2015 Mamasapano incident was the worst crisis to hit the Aquino administration, with some saying it sealed the fate of Aquino's choice for president, Manuel "Mar" Roxas II, who was interior secretary at the time.

Roxas himself was kept out of the loop in the Mamasapano operation. He lost to Rodrigo Duterte in the 2016 presidential race.

Senator Grace Poe, who led the Senate probe into Mamasapano, expressed the hope that "in the end, justice will truly be served." She said: "Let us allow the mandated legal institutions to perform their duties as they act on this case and allow the former president to present his defense." (READ: Senate draft report on Mamasapano: Aquino must bear responsibility)

Reacting to Aquino's indictment, Senator Panfilo Lcason said that "as a friend and former colleague in the Senate, I feel for former president Aquino as he stands trial before a court of law."

Lacson urged Aquino "to get the best lawyers to handle his case."

The former National Police chief was on the run for a period of time over kidnapping charges until Aquino became president. He said, "I join those who are praying that he will be able to withstand the pressure. I've been there myself and I know how it feels."

Senator Bam Aquino, a cousin of the former president, said: "We are confident that former President Aquino will sufficiently answer the charges laid before him and be vindicated. During the concluded Senate investigations, the former President was candid and transparent with his role and involvement in the Mamasapano tragedy." – Rappler.com</s>THE Office of the Ombudsman has found basis to file charges against former president Benigno Aquino 3rd in connection with the deaths of 44 police commandos in Mamasapano in Maguindanao in 2015.

In a statement on Friday, the Ombudsman also cited as Aquino’s co-respondents former Philippine National Police (PNP) chief Alan Purisima and former PNP Special Action Force (SAF) head Getulio Napeñas.

The Ombudsman said it was levelling charges of graft and usurpation of authority against Aquino and the two police officials before the Sandiganbayan.

In December 2014, the Ombudsman ordered the six-month preventive suspension of Purisima amid an investigation into the alleged anomalous courier deal forged by the PNP with Werfast Documentation Agency Inc. in 2011. The PNP terminated the deal in March 2014.

Despite the suspension, Aquino relied on Purisima, a trusted aide, to plan and enforce “Oplan Exodus,” which sought the arrest of Malaysian terrorist Zulkifli bin Hir alias Marwan in Mamasapano by members of the PNP-SAF.

Marwan, who was killed in the botched January 2015 raid, carried a $5-million bounty from the US government. An ensuing gunbattle with Muslim insurgents resulted in the deaths of 60 people, including 44 police commandos.

The Ombudsman said Aquino conspired with Purisima and Napeñas in violation of Section 3(a) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and Article 177 of the Revised Penal Code pertaining to usurpation of authority.

“[C]ertainly 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.”

In a 35-page consolidated resolution approved by Ombudsman Conchita Carpio Morales on Friday, the anti-graft office dismissed for lack of probable cause the complaint for reckless imprudence resulting in multiple homicide.

It argued that the “proximate cause of death” was the “intentional act of shooting by hostile forces” that included members of the Moro Islamic Liberation Front, Bangsamoro Islamic Freedom Fighters and private armed groups.”

The Ombudsman resolved three separate complaints filed by Erlinda Allaga, Warlito Mejia, and the Volunteers Against Crime and Corruption; Celestino Kiangan, Julie Danao, Felicitas Nacino; and Telly Sumbilla, Helen Ramacula, and Lorna Sagonoy.

The former president will ask the Ombudsman, whom he appointed to the office in 2011, to reconsider, said his spokesman, Abigail Valte.

“Former President Benigno Aquino 3rd received the order of the Ombudsman this afternoon and is currently studying it with his lawyers, with the end view of filing a motion for reconsideration,” Valte said.

“An initial reading shows that there may have been a misappreciation of some facts surrounding the incident, leading to some erroneous conclusions. He will seek to clarify the same through a motion for reconsideration,” she added.

Aquino had argued in his counter-affidavit that Purisima “was a resource person providing vital information.”

 But the Ombudsman said that the record of text messages did not jibe with the former president’s statement that he merely used Purisima as a resource person for the police operation.

“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 [text]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,” the Ombudsman said.

Members of the erstwhile ruling Liberal Party (LP) on Friday said Aquino would be able to defend his actions in the Mamasapano incident.

“The Liberal party stands by President Aquino as well as his life-long commitment to the peace process in Mindanao and see his actions in relation to Mamasapano as imperatives in good faith to advance the cause of justice and peace in Mindanao,” Pangilinan added.

Senate Minority Leader Franklin Drilon insisted on the findings of the Senate Committee on Public Order and Dangerous Drugs finding Aquino not criminally liable.

Drilon said the committee only recommended the filing of criminal and administrative charges against Purisma for grave misconduct and conduct prejudicial to the best interest of the service, as well as indirect contempt.

 It also recommended the filing of administrative charges against former PNP-SAF chief Napeñas for grave misconduct, inefficiency and incompetence.

Malacañang said it respected the Ombudsman’s recommendation.

“[President Rodrigo Duterte] recognizes the heroic sacrifice of the Philippine National Police – Special Action Force 44, and it is his – and the nation’s – hope to finally bring justice to the victims and families of the Fallen 44 and put closure to the issue as part of the healing process,” said Palace spokesman Ernesto Abella.</s>Philippine President Benigno Aquino looks up at a TV screen during a distribution ceremony of new Glock 17 Generation 4 pistols to Philippine National Police (PNP) officers at the police headquarters in Manila July 2, 2013. Pic: Reuters

THE Philippines‘ anti-graft agency ordered on Friday the filing of criminal charges against former president Benigno Aquino over a botched raid two years ago on a militant hideout that led to the deaths of 44 police commandos.

The mission to arrest two al Qaeda-linked militants on the southern island of Mindanao went disastrously wrong when police Special Action Force commandos were ambushed and outnumbered by rebel gunmen, in what was the biggest crisis of Aquino’s 2010-2016 presidency.

Ombudsman Conchita Carpio Morales said Aquino should be indicted because he allowed his suspended police chief, Alan Purisima, to be involved in the planning and execution of the January 2015 raid in Mamasapano, Maguindano province.

“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,” Carpio Morales said in a statement.

SEE ALSO: Mamasapano debacle aftermath: Their true colors

“A public officer who is under preventive suspension in barred from performing any public functions and from meddling into the affairs of the government,” Carpio Morales said of Purisima, who was serving a suspension over corruption allegations.

The Mamasapano massacre also dealt a blow to Aquino’s vaunted peace efforts with separatists of the Moro Islamic Liberation Front, which had agreed to disarm in return for self-rule over predominantly Muslim parts of Mindanao.

A bill to establish that was subsequently rejected by Congress and has, according to experts, contributed to mistrust, disillusionment and insecurity in a region where Islamic State’s ideology has started to gain traction. A revised bill is expected to be put to Congress in coming weeks.

Aquino’s spokeswoman, Abigail Valte, said the former president felt the full facts surrounding the incident had not been presented.

“An initial reading shows that there may have been a misappreciation of some facts surrounding the incident, leading to some erroneous conclusions,” she said in a statement.

“He will seek to clarify the same through a motion for reconsideration.” – Reuters</s>THE filing of charges against former president Benigno Aquino 3rd will put “closure” on his alleged culpability in the deaths of 44 police commandos in the hands of Muslim rebels in Maguindanao in January 2015, according to Sen. Grace Poe on Saturday.

Poe issued the statement when asked about the decision of Ombudsman Conchita Carpio-Morales to file graft charges against the former chief executive for the Mamasapano incident.

In 2015, Poe, then head of the committee on public order that investigated the killings in Mamasapano later wrote in her report that Aquino was “ultimately liable” for the death of the men from the Special Action Force (SAF).

Of the charges by the Ombudsman, Poe said: “President Noynoy was not given the chance to explain himself before the Senate.”

“Now that there is already a case like this, he’ll now have the opportunity to defend himself,” Poe said in an interview in Iloilo City where she spoke before members of the Philippine-Chinese Chamber of Commerce and Industry (PCCCI).

“We’ll now see that this will serve as an opportunity to have a closure to Mamasapano (tragedy). Until now, the affected (families of the) victims still don’t know who were charged in court,” she said.

Poe added, “And if you believe that you have not done anything wrong, you should defend yourself.”

The SAF were sent to Mamasapano, Maguindanao in January 2015 to execute “Oplan Exodus”, which was aimed at arresting Malaysian terrorist Zulkifli bin Hir and Filipino bomb-maker Basit Usman.

The SAF commandos, however, were engaged in a firefight

 by Muslim supporters and sympathizers of the terrorists, resulting in the death of 44 from the elite troops.

An investigation into the incident revealed that Aquino had put then suspended Philippine National Police (PNP) chief Alan Purisima at the helm of “Oplan Exodus”.

At that time, Purisima was serving suspension pending results of an investigation into his involvement in an alleged anomalous courier service contract.

Purisima and 10 other police officers were eventually dismissed from service by the Ombudsman after they were found administratively guilty of grave misconduct, serious dishonesty and grave abuse of authority. The officials were forfeited their retirement benefits and barred from being reemployed in government.

Purisima is awaiting trial for the same case. BERNADETTE TAMAYO</s>Finally, a glimmer of justice for the kin of 44 members of the Special Action Force (SAF) of the Philippine National Police (PNP) who were slain in January 2015 following a botched counter-terrorism operation in Mamasapano, Maguindanao. Ombudsman Conchita Carpio-Morales seems to have come to her senses and on Friday ordered the indictment of former president Benigno S. Aquino 3rd, former PNP chief Alan Purisima, and former SAF chief Getulio Napeñas for graft and usurpation of authority.

Aquino will stand accused, along with Purisima and Napeñas, of violating the Anti-Graft and Corrupt Practices Act and the Revised Penal Code. This was because of the highly irregular, and, according to the Ombudsman, criminal manner in which Aquino authorized the Mamasapano raid that led to the deaths of 60 people including the 44 SAF men in a “misencounter” with terrorists and Moro insurgents.

Aquino allowed Purisima, one of his closest aides, to direct the SAF operation despite the fact that the latter was placed under preventive suspension by the same Ombudsman for an anomalous courier deal. Aquino thus induced Purisima to commit an illegal act, and the suspended Purisima willingly exercised authority that was not his. Napeñas agreed to this setup. Aquino, Purisima and Napeñas were in fact criminal conspirators, and for this they face prison time.

Aquino reacted to the Ombudsman’s decision by sticking to his “alternative truth” narrative and accusing the Ombudsman of “misappreciation of facts.” In Aquino’s alternative universe, Purisima was merely a “resource person” in the operation dubbed “Oplan Exodus,” and only Napeñas was to blame.

But text messages between Aquino and Purisima and Purisima and Napeñas, quoted at length in the Ombudsman’s 35-page resolution, expose this “alternative truth” as a bald-faced lie.

“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 (short messaging service) 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,” the Ombudsman said.

Here’s the unadorned fact for Aquino to digest: if he, Purisima and Napeñas did not hide this irregular operation from the regular chain of command, 44 police commandos would not have been sent to slaughter. Never mind the supposed motivation for the entire operation – the $5-million bounty by the US government on Zulkifli bin Hir, alias Marwan, the subject of the botched Mamasapano raid.

The Ombudsman is to be commended for recommending Aquino’s indictment and setting aside whatever debt of gratitude she owed the ex-president for appointing her to the post after her retirement from the Supreme Court. Let Aquino stand trial for the Mamasapano carnage and may justice be served on the SAF 44 and their families.</s>Malacanang said it respected the Ombudsman’s recommendation to charge former president Beningo Aquino 3rd over a botched anti-terror raid in Maguindanao province in 2015 that left 44 police commandos killed.

“We respect the Ombudsman’s constitutional mandate to investigate public officials,” Palace spokesman Ernesto Abella said in a statement.

“The President recognizes the heroic sacrifice of the Philippine National Police – Special Action Force 44, and it is his – and the nation’s – hope to finally bring justice to the victims and families of the Fallen 44 and put closure to the issue as part of the healing process,” he added.

Ombudsman Conchita Carpio-Morales ordered on Friday that Aquino be charged with usurpation of authority and violation of the anti-graft and corrupt practices act, her office said in a statement.

Also included in the charges were Aquino’s former national police chief, Alan Purisima, and Getulio Napeñas, former director of the police Special Action Force (SAF).</s>But Dr. Christine Cempron, whose husband was among the 44 Special Action Force (SAF) members who were killed during a clash in Mamasapano, Maguindanao on Jan. 25, 2015, now has hope.

“I felt everything was lost to memory. But no. I realized that the wheels of justice has started moving ,” she told Cebu Daily News.

Cempron, 36, was overjoyed when she read the newspaper on Saturday morning that the Office of the Ombudsman indicted former President Benigno Aquino III in connection with the Mamasapano raid.

Aquino will be charged in court with usurpation of authority under Article 177 of the Revised Penal Code and violation of Section 3(a) of the Anti-Graft and Corrupt Practices Act.

Also impleaded were former Philippine National Police chief Alan Purisima and former Special Action Force Director Getulio Napenas.

“It has been two and a half years, and finally (we got what we hoped for). I am really very happy,” Cempron said.

Her husband, PO1 Romeo Cempron, was among the 44 SAF troopers who died during a botched police operation that targeted terrorists Zulkifli bin Hir and Abdul Basit Usman in 2015.

The Cebuana widow vented her ire on former President Aquino and Purisima, who she said should be held responsible for the death of the 44 government troopers.

“I will be very happy if both of them will be incarcerated first,” she said.

“Among them, President Aquino and Purisima have the hardest hearts. As if they have not committed any lapses. As if nothing happened,” she added.

While the two officials are facing trial, Cempron knew that their search for justice still has a long way to go.

“There will be much to overcome, but no matter how uphill the journey will be, we will endure it if only to secure justice for the SAF 44,” she said.

 “I don’t care if it will take a long time. At least, the case is moving,” she added.

Cebu Daily News tried but failed to reach another widow, Michelle Candano, wife of PO2 Windel Candano — another Cebuano who died in the Mamasapano clash in 2015.

Another widow Kristine Clemencio of Tacloban City also welcomed the development of the case.

“I am happy. Hope this will be the first step for us to achieve justice that we have been seeking for all this time,” said Clemencio, widow of PO1 Mark Lory Clemencio from Carigara town in Leyte.

She, however, expressed apprehensions that the case against Aquino may not prosper.

“He is a (former) president. The case might just be whitewashed. I am only pinning my hope to President Duterte, who personally gave his assurance to us that justice will be served to us and our loved ones (who died in the encounter),” Clemencio said.

Chief Supt. Noli Taliño, director of the Police Regional Office in Central Visayas (PRO-7), said he too hopes that justice will be served to the families of the SAF 44.

“Justice is really their clamor. We hope there will be an answer to it,” he said.

In its investigation, the Ombudsman said Aquino continued to receive Purisima’s advise, as shown in text messages presented in the Senate probe on the massacre, although the police official was serving a suspension at that time over the alleged anomalous courier service deal the PNP entered under his leadership.</s>PRESIDENT Rodrigo Duterte’s top legal adviser said the “time of reckoning” has come for Benigno Aquino 3rd who was indicted for graft over his alleged hand in the botched 2015 Mamasapano operation.

“Sooner or later the law will catch up on those who use power or wealth to shield themselves from the majesty of the law,” Chief Presidential Legal Counsel Salvador Panelo said in a statement on Saturday.

“There is a time for reckoning and the time has finally come for the former President. Dura Lex Sed Lex, no power nor wealth can escape from it, it can only delay its coming, but when it does, it operates ex propio vigore (with full force and effect),” he added.

On Friday, the Office of the Ombudsman has ordered the filing of criminal charges against Aquino for his liability in the Mamasapano massacre that cost the lives of 44 Special Action Force (SAF) officers.

In her resolution, Ombudsman Conchita Carpio Morales ordered the filing of charges against Aquino for usurpation of authority (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).

Also ordered charged as Aquino’s co-accused were former Philippine National Police (PNP) chief Alan Purisima and former SAF director Getulio Napeñas Jr.

Purisima and Napeñas are facing separate cases of graft and usurpation before the Sandiganbayan also in connection with the Mamasapano incident.

On January 24, 2015, about 400 members of elite police force launched “Oplan Exodus” to serve standing warrants against Malaysian terrorist Zulkifli bin Hir, alias Marwan, and Ahmad Ukmad Uson in Mamasapano, Maguindanao.

The SAF operation, however, resulted in a firefight that lasted for several hours, killing around 44 police commandos.

On January 24 or a year after the botched Mamasapano operation, Duterte said there was a violation committed when the past administration sent the elite police in an operation against high value targets.

The President said his predecessor, Aquino, fed the SAF troopers “to the lion’s den to be eaten by death.” He also pledged the families of slain SAF troopers that his administration would serve the justice they deserved.

Palace spokesman Ernesto Abella said the Ombudsman’s order was in line with the President’s hope to “put closure to the issue.”

“The President recognizes the heroic sacrifice of the PNP-SAF 44. And it is his – and the nation’s – hope to finally bring justice to the victims and families of the Fallen 44 and put closure to the issue as part of the healing process,” Abella said.
Former President of the Philippines Benigno "Noynoy" Aquino III is indicted (among others) by the Office of the Ombudsman for his failure in handling the 2015 Mamasapano clash, which resulted in the deaths of 44 members of the Special Action Forces of the Philippine National Police. Aquino's legal team has vowed to appeal for a motion for reconsideration; as well as the group Volunteers Against Crime and Corruption (representing the victims' families), against what they call a "weak case" (citing Aquino's charges of "graft" & "usurpation of authority", instead of "reckless imprudence resulting in multiple homicide") (Rappler), (ABC News.go)