MANILA, Philippines – Several senators agree with Malacañang’s decision to reopen the probe into the fatal Mamasapano clash that killed elite members of the Philippine National Police (PNP) in 2015.

Senate President Aquilino Pimentel III said President Rodrigo Duterte has the power to order the reinvestigation of the botched operation.

“Hindi siguro siya satisfied, he wants to find out some other things. Tama po ‘yan, executive action din naman which led to the deaths of the SAF 44. Dapat meron din silang closure sa issue na iyan,” Pimentel told reporters on Wednesday, January 25.

(He’s probably not satisfied, he wants to find out some other things. That’s correct, and it was an executive action which led to the deaths of the SAF 44. There should be closure regarding that issue.)

Duterte on Tuesday, January 24, blasted his predecessor, former president Benigno Aquino III, for supposedly covering up details about the clash, including US involvement in the ill-fated operation.

The President also said he would form an “independent” commission to reinvestigate the incident, which left 44 Special Action Force (SAF) troopers and 23 civilians dead.

Pimentel said the Senate would assist in the probe by providing transcripts of its previous hearings on the matter.

Senators Panfilo Lacson and Grace Poe, who chaired the Senate investigation in the 16th Congress, agreed that it is Duterte’s prerogative to order the reopening of the probe.

“If the President feels na kulang ‘yung ginawang imbestigasyon ng BOI (Board of Inquiry), that’s always his prerogative. If he feels na hindi kumpleto ‘yung pag-render ng justice doon sa mga naiwan ng SAF 44, that’s his prerogative to create a commission,” Lacson, former PNP chief, said in an interview.

(If the President feels that the investigation of the BOI is insufficient, that’s always his prerogative. If he feels that justice has not yet been fully served for the families of the SAF 44, that’s his prerogative to create a commission.)

“Marami pang dapat tingnan doon sa nangyari talaga kasi marami ring hindi na-divulge doon,” he added.

(There are many things to be looked into because there are many details about the incident that weren’t divulged.)

Poe, meanwhile, said: “Given the nature and inherent limitations of a legislative investigation, it is the prerogative of the President to create a commission for its reinvestigation that may hopefully add to what had been unearthed previously given the greater powers of the Executive and under much different political circumstances.”

Aquino criminally liable?

Lacson reiterated his earlier view that Aquino, a close friend of his, had faults as commander-in-chief.

“I’ve been vocal on this. Sinasabi ko naman ‘yung mga pagkukulang even nung commander-in-chief,” the senator said.

(I’ve been vocal on this. I’ve been speaking up about the shortcomings of the commander-in-chief back then.)

Pimentel also said the commission Duterte will form would have the authority to summon Aquino.

“Of course, how will it arrive at the truth kung may mga exempted na mag-subpoena tatanungin? Di naging useless lahat kung gano’n din,” Pimentel said.

(Of course, how will it arrive at the truth if there are people exempted from being summoned? That would be useless.)

He added that Aquino could face charges now that he’s no longer the president. “If you are a former president, you lose your so-called immunity from suit.”

The Senate earlier found Aquino liable for the failed operation, saying the former president “must bear responsibility for giving assent to and failing to prevent the unlawful exercise of official functions” by then suspended PNP chief Director General Alan Purisima in connection with Oplan Exodus.

Critics: Duterte using Mamasapano

But for senators Antonio Trillanes IV and Leila de Lima, two of Duterte’s fiercest critics, the President is only using the Mamasapano issue to “demonize” Aquino.

“Panglihis lang ‘yan sa mga kapalpakan ng administrasyon niya,” Trillanes said in a text message. (That’s just a diversionary tactic to conceal the failures of his administration.)

“The 2nd anniversary of the Mamasapano incident is again being used by Duterte to divert attention from the crisis his current leadership is facing, rather than to actually give justice to the SAF and Muslim civilian victims of that armed encounter,” De Lima said in a separate statement.

“This appears to be the primary motivation of the President in continuously harping on the Mamasapano incident. It is to continuously demonize the past administration in order to cover up for his own lack of accomplishments and direction after 6 months into his term,” she added.

De Lima also said Duterte should be the last person to order a reinvestigation of the Mamasapano clash.

“Duterte is the least qualified in directing such a probe given his propensity for prejudgement and to preempt the results of any investigation, as he himself has already declared the Mamasapano police action as a CIA operation.” – Rappler.com