Palace leaves Mamasapano case revival bid to Ombudsman

Malacañang will be hands off on any decision to be made by the Office of the Ombudsman following a motion filed to reopen the case against President Benigno Aquino III and others over the deadly Mamasapano clash in 2015.

This after the Volunteers Against Crime and Corruption (VACC) with former Criminal Investigation and Detection Group (CIDG) Director, incumbent Baguio City Mayor Benjamin Magalong, and family of the slain Special Action Force (SAF) 44 commandos, trooped to the Ombudsman to revive Aquino’s criminal case with a Motion to Reopen Investigation on Friday.

Presidential Spokesperson Salvador Panelo said the Palace will leave it to Ombudsman Samuel Martires to decide whether or not he would reopen the investigation against Aquino for the death of the SAF 44 commandos in January 24, 2015.

“We will not interfere with a co-equal branch of the government as well as with constitutional bodies. Let the rule of law prevail,” Panelo said in an interview over dzIQ on Sunday.

Aside from Aquino, other respondents named in VACC’s motion were former Philippine National Police chief Alan Purisima and former Special Action Forces chief Getulio Napeñas.

In the motion, the VACC called on Martires to pursue the homicide since they have new evidence supporting the filing of Reckless Imprudence Resulting in Multiple Homicide against Aquino and others.

On July 1, 2016, the VACC filed a complaint charging Aquino and others for Reckless Imprudence Resulting in Multiple Homicide in relation to the botched Oplan Exodus which led to the death of 44 SAF troopers.

Former Ombudsman Conchita Carpio Morales dismissed the complaint and instead recommended the charges of graft and usurpation of authority against Aquino, Purisima, and Napeñas on July 14, 2017.

The complainants filed before the Supreme Court (SC) a Petition for Certiorari with Prayer for Temporary Restraining Order and Preliminary Injunction on November 2, 2017 but the SC issued its TRO on February 7, 2018.

The Sandiganbayan’s Fourth Division confirmed that Ombudsman Samuel Martires filed a motion to withdraw information on June 24, 2019 finding no sufficient ground to charge Aquino for graft and usurpation of official functions. Charges were dismissed on Aug. 22, 2019.