MANILA, Philippines – Former president Fidel V. Ramos celebrated his 87th birthday on Wednesday, March 18, with a lecture on command responsibility and a message to the President: it’s time to own up to a bungled police operation that claimed 67 lives and endangered a peace deal in Muslim Mindanao.

“A commander is responsible for what his unit does or does not do,” said Ramos, a retired general, as he handed out to media copies of Executive Order 266, which “institutionalized” the “doctrine of command responsibility” in all government offices, especially the Philippine National Police (PNP) and other law enforcement agencies.

Ramos was reacting to statements by the Department of Justice and Malacañang that President Benigno Aquino III is not the “commander-in-chief” of the PNP as it is a civilian organization.

Using this argument, the executive branch rejected an independent police investigation’s findings that Aquino had “bypassed” the PNP’s chain of command in the lead-up to the bloody “Oplan Exodus” on January 25.

After reading quoting provisions of the order, Ramos said: “Ito na nga iyon eh (This order proves otherwise). This was specifically designed by me to apply to the PNP because there is that dark area. Is there or there not? This says there is a chain of command in the PNP.”

“Oplan Exodus” is a PNP Special Action Force (SAF)-led operation to neutralize bomb makers and terrorists Zulkifli bin Hir, alias “Marwan” and Abdul Basit Usman. While the SAF were able to kill Marwan, a bungled extraction plan led to the deaths of 67 – 5 civilians, 18 Moro Islamic Liberation Front (MILF) fighters, and 44 SAF troopers.

Aquino has been criticized for allowing his friend, suspended and now-resigned PNP chief Director General Alan Purisima, to play a role before and during the operation despite a standing suspension order from the Ombudsman.

More than 7 weeks since the bloody incident, Aquino has not apologized for his role in “Oplan Exodus.” Instead, the President has pinned the blame solely on sacked SAF chief Police Director Getulio Napeñas who Aquino said “fooled” him.

Apologize now

But for Ramos, the “founding father” of the SAF, there’s no reason for Aquino to not take responsibility for the carnage in Mamasapano. “Yes, what’s so difficult about that?” said Ramos.

“As a previous president said: ‘I’m sorry,’” added Ramos, referring to former president Gloria Macapagal Arroyo who apologized on national television over the “Hello Garci” scandal.

Ramos, who was chief executive from 1992 to 1998 and served as former president Cory Aquino’s military chief and defense secretary, said an apology from Aquino would “probably do 90% of the job.” 

He said, however, that the “hurt has gone so much deeper than it was originally.”

The former president said Aquino’s decision to choose a car factory inauguration over the arrival honors for the slain SAF troopers was one of the President’s first mistakes. Ramos was also invited to the same inauguration but rushed to Villamor to attend arrival honors for 42 of the 44 slain SAF troopers.

“Since then, so much has happened…there’s so much divisiveness now,” said Ramos. “Matindi ito (This is serious). It’s the President who should take care of our national interest,” he added.

Scars of Mamasapano

In “Oplan Exodus,” a “de facto” chain of command was created when Aquino was briefed by Purisima, Napeñas, and Intelligence Group chief Senior Superintendent Fernando Mendez at Bahay Pangarap on January 29, according to the PNP Board of Inquiry (BOI)’s report on the Mamasapano incident.

All 3 officials – Aquino, Purisima, and Napeñas – were found by both the BOI and a Senate committee draft report of having violated various rules, particularly when it came to the PNP’s chain of command.

Aquino, for allowing Purisima to be there and for giving orders directly to Napeñas; Purisima, for supposedly usurping the power of PNP officer-in-charge Deputy Director General Leonardo Espina; and Napeñas, for taking commands from and reporting to a suspended PNP chief.

“Neglect of duty” under EO 266 happens when an official “has knowledge that a crime or offense shall be committed, is being committed, or has been committed by his subordinates” and does nothing about it.

On the legal opinion of Justice Secretary Leila de Lima on the PNP’s chain of command, Ramos said the “principle of command responsibility” spells it out clearly.

“There is a chain of command that operates under the principle of command responsibility and there is no escaping that in the Philippine setting. We have been practicing and respecting the doctrine of command responsibility,” he added.

Under the doctrine of command responsibility, Ramos said only “lesser officials” can be held administratively liable.

Responding to questions, Ramos said the only recourse against Aquino is impeachment. Charges can be filed before the right courts “but at a later time.”

“Maybe, why not?” he added. – Rappler.com