Wrong for Aquino to consult Purisima – Escudero

Ayee Macaraig

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Wrong for Aquino to consult Purisima – Escudero
'There is nothing in the Revised Penal Code that says if you talked to the wrong person, whether you followed his advice, you will be held liable,' Escudero says

MANILA, Philippines – Senator Francis Escudero said President Benigno Aquino III made a “wrong judgment” in allowing his close friend, resigned police chief Alan Purisima, to be involved in the Mamasapano operation.

A lawyer and Aquino ally, Escudero said that the President’s act of talking to Purisima about the deadly mission when the police general was serving a suspension was a “lapse in judgment” but not a crime. (READ: Mamasapano: Text messages show Aquino knew details)

“There is nothing in the Revised Penal Code that says if you talked to the wrong person, whether you followed his or her advice, you will be held liable,” Escudero said in a press briefing on Thursday, February 26.

“With the benefit of hindsight, we saw the President committed a lapse there.”

Escudero called Aquino’s decision to consult Purisima and let his former bodyguard run the operations a “wrong decision and a wrong approach.” The senator said Aquino’s role should be discussed in the Senate public order committee’s report on the incident. 

Asked exactly what Aquino did wrong, Escudero said: “Kung bakit binigyan pa ng lugar, puwang si Purisima na gumanap ng kahit anong papel sa operasyong ito.” (Why he gave Purisima any place, any role to play in this operation.)

He reiterated that Aquino should have appointed a permanent police chief after Purisima was suspended over an allegedly anomalous police deal in December. 

Purisima emerged to be the central character in the January 25 mission to arrest or kill terrorists in Mamasapano, Maguindanao. The Senate inquiry showed that the general took part in planning the mission, met with Aquino and police officers, and even issued orders while he was suspended over corruption charges. Purisima resigned after his role in the Mamasapano clash was exposed. 

Escudero said it would be up to the House of Representatives to determine if Aquino’s actions are grounds for impeachment. The House initiates impeachment cases.

The senator said the President might again have to address the public once the reports of the Senate and the police Board of Inquiry (BOI) are released. Aquino already delivered two primetime TV addresses but did not detail his actions before and after the operation.

Escudero said: “I think the President has been forthright. Maybe after the Senate and BOI reports come out, he has to explain to our countrymen his involvement in these reports, and what to do moving forward.”

The Senate just finished its probe into the Mamasapano clash that killed 44 elite cops, 18 members of the Moro Islamic Liberation Front (MILF), and 3 civilians.

It is the biggest security crisis to hit the Aquino administration, and threatens to derail the peace process with the MILF after 17 years of talks. 

Purisima liability ‘gray area’

Escudero said the Senate report will also tackle the liability of Purisima. He disagreed with the statement of Senate President Franklin Drilon that the ex-chief of the Philippine National Police (PNP) must be charged with usurpation of authority.

“Purisima remains a 4-star general. He was just suspended as PNP chief but not as a policeman. That is a gray area. What will you do, suspend him when he is already suspended? That’s only administrative liability.”

The senator said the committee might have to recommend a legislative remedy to hold a suspended police chief criminally liable for interfering in an operation. 

He added that the Senate must closely study what charges to recommend for relieved Special Action Force (SAF) commander Getulio Napeñas.

“These are operational and tactical errors of commanders on the ground. There is no law to hold them [criminally] liable for tactical errors. We have to be careful because our commanders on the ground might fear running operations thinking that they will be jailed,” Escudero added.

Where did PNP modernization fund go?

The chairman of the Senate finance committee also questioned why it appeared that Napeñas and police officers were communicating primarily via text messages.

He said based on his committee’s review of the capacity building plan of the PNP, the first mode of communication must be Harris radios to ensure “interoperability” with the Armed Forces of the Philippines (AFP), Motorola radios, satellite phone, and cellular phones.

“It seemed they only used cellphones. Where did they spend the capacity building funds? Where did the modernization funds go? The AFP said it had no contact on the ground so it looks like the other 3 [modes] were not used. The police could not be reached through radio,” Escudero said.

The senator reiterated that the exchange of text messages of the SAF leaders bore no sense of urgency. “I think they were trying to cover up their errors, and did not immediately tell the higher-ups of the gravity of the situation thinking they could still address the problem.”

Besides Aquino and the PNP, Escudero said the committee report must detail the liability of the AFP, the peace panels, and especially the MILF fighters who joined the gun battle. 

“Those who pulled the trigger are most liable. It may not be the MILF leadership but they must ensure that these people who fired on the SAF troopers face justice,” he said. – Rappler.com 

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