MANILA, Philippines (UPDATED) – Former president Benigno Aquino III was a no-show at the anti-graft court Sandiganbayan for his scheduled arraignment for graft and usurpation of official functions over the botched Mamasapano operations of 2015.

Aquino’s lawyer, Romeo Fernandez, told reporters at the Sandiganbayan on Friday, January 12,  that they knew only of the hearing on a motion to quash they filed ahead of Friday.

“Dahil motion to quash lang (Because it is only a motion to quash), his presence is not required,” Fernandez explained.

Based on the calendar of the Sandiganbayan’s Fourth Division, Aquino was scheduled for both the hearing on the motion to quash and his arraignment.

Traditionally, defendants attend their scheduled arraignment even though this ends up being reset, as was the case with Aquino.

The Ombudsman prosecution is given 10 days to reply to Aquino’s motion to quash. The arraignment was tentatively reset to February 15.

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)

Aquino was chaged of graft and usurpation of official functions, even as the complainants composed of families of the elite cops killed during the botched police operations in Mamasapano, Maguindanao, in January 2015 appealed the charges before the Supreme Court.

The families of the so-called SAF 44 or the 44 Special Action Force troopers killed in Mamasapano, want Aquino charged for 44 counts of reckless imprudence resulting in homicide. 

Meanwhile, the arraignment of former vice president Jejomar Binay over graft in the alleged overpriced Makati City Parking Building was also reset. Binay was at the Sandiganbayan’s Third Division for his scheduled arraignment.

“Eh pinapa-attend ako eh (I was asked to attend),” Binay said when asked why he was personally present at his hearing.

Slight jibe at Purisima

In all the instances that Aquino has had to defend himself from this issue, he also defends former police chief Alan Purisima, his close friend. His defense of Purisima is evident in previous pleadings.

But that slightly changes in the motion to quash he submitted to the Fourth Division on January 4.

Aquino is charged with graft and usurpation for allegedly conspiring with Purisima and former Special Action Force (SAF) Director Getulio Napeñas Jr to commit the crimes.

Purisima is accused of violating rules in still being involved in the operation, despite his suspension, while Napeñas’ crime is not looping in Leonardo Espina, the police officer-in-charge at the time, as well as the military. This lack of coordination resulted in the botched operation. That Aquino unwittingly allowed them to do this was his crime, according to the charges.

Like his defense before, Aquino said he cannot be accused of usurping one’s power because he is the President.

“Without admitting that an actual ‘easing out’ took place, Mr. Aquino can ‘ease out’ any member of the police forces (including Espina) as well as any cabinet member (such as DILG Secretary Roxas) from participating in Oplan Exodus… they are subordinate to and answerable to the President. They cannot override him. Neither are they entitled to plan and implement Oplan Exodus against the President’s will,” said the 39-page motion to quash.

Here is where Aquino slightly leaves the blame to Purisima.

Espina issued a special order to suspended police officers to cease and desist from police operations. But Purisima obviously didn’t, as he was utilized by Aquino himself as a ‘mere resource person.’

“The information admits that the special order is directed not towards Mr Aquino, but to Mr Purisima himself. Thus, any violation of the special order is solely for Mr Purisima’s account,” the motion said.

Still, Aquino said Purisima did not commit a crime of graft.

“At most, Mr Purisima’s alleged violation of the preventive suspension order is just a ground to cite him in contempt, or to support an administrative cause of action against him for misconduct in office,” the motion said.

Aquino earlier said his legal team will adopt a new strategy in their responses when the charges reach Sandiganbayan.

The charges filed by Ombudsman Conchita Carpio Morales are criticized by the Volunteers Against Crime and Corruption (VACC) – also the lawyer for the SAF 44 families – who said the charges were intentionally made to be weak to make it easy for Aquino to have it dismissed. – Rappler.com