DOJ wraps up probe into deaths of 35 SAF troopers

MANILA, Philippines – The justice department on Thursday, January 14, decided to wrap up its preliminary probe into cases filed against Muslim rebels over the death of elite cops in Barangay Tukanalipao in Mamasapano town, Maguindanao, in 2015. 

At least 90 rebels face complaints of complex crime of direct assault with murder for the death of 35 Philippine National Police (PNP) Special Action Force (SAF) troopers on January 25, 2015, during an ill-fated police operation. 

The preliminary investigation panel concluded the probe after most of the accused – members of the Moro Islamic Liberation Front (MILF), the Bangsamoro Islamic Freedom Fighters (BIFF), and private armed groups – failed to show up despite being summoned. 

Of the 90 being charged for the deaths of the SAF troopers, only 4 submitted their counter-affidavits, said Assistant State Prosecutor Alexander Suarez. 

“They cannot tell actually the reason why they cannot file a counter-affidavit, but we the panel issued a subpoena for them to participate. As to the matter of the decision to submit a counter-affidavit on this case, well, it’s up to them,” said Suarez. 

In 2015, some 400 SAF troopers entered Mamasapano town to target terrorists wanted by both the Philippines and the United States. While the SAF was able to kill one target, two companies – the 55th and 84th Special Action Companies (SACs) – found themselves pinned down by armed locals in clashes triggered by the operation. 

“We cannot give you a definite timeframe or period as we will resolve this case…. We will resolve this based on the allegations,” said Suarez when asked whether a resolution on the case would be out in time for the one-year mark of the deadly clash. 

In November last year, 2 of the 4 who appeared before the justice department denied that they were commanders of the rebel groups. During the last hearing, lawyer Carlos Valdez also told the department that 3 more respondents had only gotten copies of the National Bureau of Investigation (NBI) case against them. 

The 3 – Ronnie Samal, Manny Samal, and Hadji Mao – got copies of the complaints and had gotted the services of the Public Attorneys Office (POA), but their legal representative had no means to fly to Manila to represent them in the case. 

The NBI also submitted before the justice department panel a list of recovered firearms and combat equipment that were allegedly seized from the SAF troopers during the clash. The panel will have to determine whether there is probably cause to file direct assault with murder and theft charges against the suspects. 

The charges cover only the death of the 35 55th SAC troopers, those who fought and died in Barangay Tukanalipao. In October, the justice department came out with its report on the deaths of the 9 84th SAC troopers who were trapped in Barangay Pidsandawan, the 5 civilians, and MILF fighters. 

Cases, however, have yet to be filed in relation to this since investigators are still looking for a witness who would identify the suspects. – Rappler.com