MANILA, Philippines – A day after he reportedly told Cabinet officials that suspended top cop and close friend Director General Alan Purisima is on his way out, President Benigno Aquino III will again address the nation on the operation that killed 44 elite cops in Maguindanao.

The national address on Friday night, February 6, his second after the January 25 incident in Mamasapano town, may include a definite statement on the fate of Purisima, under fire for allegedly ordering that the operation be kept secret from other concerned authorities, until it was too late.

On Thursday, February 5, two senior government sources told Rappler that the President met with key Cabinet members and told them he has “accepted the resignation” of Purisima. One of our sources was in that meeting.

“He said it matter-of-factly,” our source said on Thursday, when asked for details. He added the President also said he would make that announcement on Friday, February 6. (The President is scheduled to give a televised address on the Mamasapano clash at 6:30 pm Friday.)

Purisima, through his lawyer Kristoffer Purisima, denied submitting any resignation letter. PNP Spokesperson Chief Superintendent Generoso Cerbo Jr said on Friday that the PNP had no information on Purisima’s reported resignation. So what was there to accept? 

Did the President intend to talk to Purisima after that meeting? Or did he mean the general would be relieved of his post?

Anti-graft law

As it turns out, the term “resignation” raises some legal questions. 

Under the Anti-Graft and Corrupt Practices Act or Republic Act 3019, a person with a pending corruption case – like Purisima – cannot resign until the resolution of his case, and must be “relieved”. 

Purisima’s lawyer said his client has not submitted a resignation letter. 

Section 12 of RA 3019 says: “No public officer shall be allowed to resign or retire pending an investigation, criminal or administrative, or pending a prosecution against him, for any offense under this Act or under the provisions of the Revised Penal Code on bribery.”

Purisima was suspended on December 4, 2014, over graft charges, and is currently undergoing investigation. Technically, Purisima can only offer to be relieved.

Sources from the Office of the Ombudsman explained that while they have yet to see a case of a suspended official resigning prior to the resolution of his case, his resignation will not equate to pending charges being dropped. In the case of Purisima, his pending administrative and criminal cases will continue.

A resigned official can also be administratively charged for other cases if it is determined that the resignation was intended to deter the filing of other administrative charges.

Mamasapano operations

Despite his suspension, Purisima is said to have given the go-signal for an operation by the PNP-Special Action Force (SAF) to nab two top terrorists in Maguindanao on January 25, which led to the death of its primary target, Zulkifli bin Hir, better known as “Marwan.”

The operation resulted in a deadly clash with the Moro Islamic Liberation Front (MILF) and the Bangsamoro Islamic Freedom Fighters that killed 44 SAF commandos, at least 17 MILF fighters, and 7 civilians.

Aquino himself admitted in his first January 28 national address regarding the incident, that he was in touch with Purisima only to “understand the jargon.” Aquino denied that Purisima supervised the operation, even after his suspension.

During that address, 3 days after the killing, Aquino talked about what he knew so far regarding the incident.

Low morale

The second national address is expected to shed more light on the details surrounding the Mamasapano clash. It comes as morale among the PNP ranks is low, weighed down by the death of their comrades, and the alleged lack of empathy of the Chief Executive toward the families of the slain cops.

Senate President Franklin Drilon, a staunch Aquino ally, emphasized on Thursday the need for the President to assign a PNP chief as soon as possible, calling it “the first step that will restore the morale of our personnel in the PNP.”

The President has close ties to Purisima, whom he appointed as PNP chief in 2012. Aquino has been accused of protecting Purisima who also served in the Presidential Security Group under the late president Corazon Aquino, mother of the President.

As a PSG member then, Purisima was assigned specifically to guard the young Aquino, and was with him when rebel soldiers attempted to assassinate the then presidential son. – Rappler.com