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. 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 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. 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. 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. 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. He will seek to clarify the same through a motion for reconsideration,” said Aquino through his spokesperson, former palace spokesperson Abigail Valte. “[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.
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)