Aquino liability in Mamasapano an ‘overstretch’ – De Lima

MANILA, Philippines – Is the President “ultimately liable” for the botched police operation that took the lives of 67, including 44 elite cops? 

For Justice Secretary Leila de Lima, the public should be careful about “hasty and reckless conclusions” when it comes to President Benigno Aquino III’s involvement in “Oplan Exodus.”

De Lima was reacting to the Senate committee’s draft report, which tagged the President as “ultimately liable” for the carnage in Mamasapano, supposedly since he and other government officials “could have done more to minimize the number of deaths” in the operation.  

The Senate draft report, which was made public on Tuesday, March 17, said Aquino “must bear responsibility” for allowing his friend, suspended and now-resigned PNP chief Director General Alan Purisima, to play a role in the operation. (READ: FULL TEXT: Senate report on Mamasapano)

In a chance interview with reporters on Wednesday, March 18, De Lima insisted the President should not be blamed for “each and every” aspect of the botched operation. 

“We have to be careful when it comes to making hasty conclusions, hasty and reckless conclusions that just because the President knew about the operations, it doesn’t mean that he is now deemed to be really liable or deemed to be really accountable to each and every aspect of that operations,” De Lima said in a mix of English and Filipino.

“When you come to think of it, the President has already owned up accountability on that in his speeches. Is the conclusion right that he is responsible for each and every aspect of the operations? I think [this] is an overstretch. Of course, he was aware of the operations but [as to] the details of the operations, was he? I don’t think so,” added De Lima. 

Text messages exchanged between the President and Purisima, however, show Aquino was aware of the details of the operation, including the kind of terrain the SAF troopers would have to contend with. The President was briefed by the SAF command and Purisima at his official residence on January 9, or more than 2 weeks before the operation. 

On January 25, close to 400 Philippine National Police (PNP) Special Action Force (SAF) troopers entered Mamasapano town in Maguindanao to neutralize top terrorists. The cops were attacked by armed Moro groups on their way out of the area.

De Lima also came to the defense of the President over the weekend, following the release of the PNP’s Board of Inquiry (BOI) report on the bloody operation.

The BOI, an independent group formed by the PNP under the orders of Interior Secretary Manuel Roxas II, said Aquino had “bypassed” the PNP’s chain of command when he dealt with former PNP Special Action Force (SAF) chief Police Director Getulio Napeñas. 

The justice secretary said the PNP BOI report was “based on the wrong premise” when it came to describing Purisima’s role relative to the PNP. De Lima insisted there was no chain of command to break in the PNP since it is a civilian agency.

It’s a position, however, that many sectors, including former President Fidel Ramos, do not agree with. (READ: EO refutes Malacañang: Command responsibility applies to PNP) 

Former PNP chief Panfilo Lacson also defended the BOI in the face of Malacañang’s attacks after the release of the report.

The President also “allowed the participation” of Purisima despite full knowledge that he was under preventive suspension by the Ombudsman over a graft case, the BOI said. The BOI report, however, did not spell out the President’s exact liability in the operation. It did highlight, however, Purisima and Napeñas’ lapses.  

“Kailangan kasi may ebidensya (You need evidence). Bare allegations cannot build a case. So at the level of the DOJ, that’s what we’re looking into,” added De Lima. 

The BOI did not include in its report any recommended charges for the personalities involved in the carnage. BOI chief Police Director Benjamin Magalong earlier told reporters the report would be passed on to agencies which could determine possible administrative, civil, or criminal liabilities.

De Lima said that although she did not see eye-to-eye with the Senate’s draft committee report or the BOI report, at least with respect to the President’s role, the two reports will be used in the investigation of the National Prosecution Service – National Bureau of Investigation team. – Bea Cupin/Rappler.com