Complaint Against Aquino, Purisima and Napeñas
Volunteers Against Crime and Corruption (VACC) chair Dante Jimenez accompanied Erlinda Allaga (mother of PO3 Robert Allaga) and Warlito Mejia (father of PO2 Ephraim Mejia) during their filing of a complaint against the former President Benigno Aquino III, dismissed Philippine National Police Chief Alan Purisima and former Special Action Force (SAF) Director Getulio Napeñas. In their complaint, Allaga and Mejia said there was negligence, imprudence, lack of foresight, and lack of skill in executing “Oplan Exodus” to capture Zulkifli Abdhir (also known as Marwan) and Abdul Basit Usman.
The Ombudsman had previously filed charges against Purisima and Napeñas for graft and usurpation of authority. Purisima allegedly usurped the powers of the deputy despite being suspended during the execution of “Oplan Exodus” and committed graft by compelling Napeñas to violate rules. Napeñas is charged with violating the chain of command by not directly coordinating with the Acting PNP Chief Leonardo Espina. The Ombudsman did not find Aquino to be liable in the Mamasapano incident, saying Aquino’s “participation did not amount to a criminal offense as he, in fact, ordered that they [the police] should coordinate the implementation of operations.”
According to Atty. Ferdinand Topacio, legal counsel for the complainants, said that the complaint is different from the charges filed by the Ombudsman against Purisima and Napeñas and urged the Ombudsman to consider their case against the two former PNP officials and Aquino.
Senator Leila De Lima, who was former Justice Secretary under the Aquino administration, said the charges are a “media stunt”. She added that the family of the victims are “letting themselves be used by political actors who continue to pillorize President Aquino.” In a statement sent to the Inquirer, De Lima said, “No amount of legal imagination can manipulate the definition of homicide and murder under the Revised Penal Code so as to implicate the police officials involved and President Aquino himself.”
In response, Atty. Topacio issued a response debunking De Lima’s statement:
As usual, De Lima is wrong as she again shows her lack of legal imagination.
With all due respect to the tail-end Senator, Mr Aquino and the other respondents are not being charged with Murder or Homicide, but for RECKLESS IMPRUDENCE RESULTING TO MULTIPLE HOMICIDE. As a former Justice Secretary and supposedly and expert in criminal law, De Lima should know better: there is a world of difference homicide and murder on the one hand, which are crimes committed with deliberate intent; and crimes committed through negligence, such as reckless imprudence. In other words, Aquino et al. are NOT being charged with the crime of HOMICIDE, but for his RECKLESS IMPRUDENCE which resulted in the killing of the SAF44. RECKLESS IMPRUDENCE, as every law school freshman knows, is a CRIME BY ITSELF, committed through NEGLIGENCE, as a result of imprudence, lack of foresight or lack of skill. Having committed a crime of RECKLESS IMPRUDENCE, Aquino et al. should he held liable for all the consequences thereof even though not intended, including the deaths of 44 police officers. This is clear under Article 4 of the Revised Penal Code.
The charge of RECKLESS IMPRUDENCE is supported by a huge amount of documentary evidence consisting of the Senate Report, the PNP Board of Inquiry Report, and the transcripts of testimonies before the Senate taken UNDER OATH, all of which are attached to our Complaint. They are more than enough to constitute probable cause after preliminary investigation. The Supreme Court defines probable cause as such evidence showing that, more likely than not, a crime has been committed and those charged are probable guilty thereof.
The Philippine National Police (PNP) Board of Inquiry (BOI) Report supports the complaint’s assertion of reckless imprudence against Aquino, Purisima and Napeñas. ●