Is the Aquino camp delaying the proceedings?
Former President Benigno Aquino III has formally asked the
Sandiganbayan to suspend the proceedings on criminal cases filed against him in
connection with the infamous Mamasapano massacre of members of the Philippine
National Police Special Action Forces.
It might be remembered that it was on January 25, 2015, that
high vakue target Marwan was neutralized by the government forces spearheaded
by the elite troops of the PNP, but the operation resulted to the death of more
than 60 people including the 44 members of the SAF. *
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| Former President Benigno Aquino III during the tribute for the 44 fallen members of the PNP-SAF in Camp Bagong Diwa (photo credit to owner) |
In the three page motion filed before the court's 4th
Division on February 5, Aquino, through lawyers Romeo Johann Fernandez and
Cielo Marjorie Goño, said it is premature to start with the proceedings while
his motion to quash the cases remains pending.
“If the Motion to Quash Informations is granted, all incidents
and proceedings taken in the meantime will be rendered moot,” Aquino's motion
read.
Former President Aquino pointed out that even the
respective motions to quash of his co-accused, former Philippine National
Police chief Alan Purisima and former PNP- Special Action Force (PNP-SAF)
director Getulio Napeñas Jr., have yet to be resolved by the court.
Aquino, Purisima and Napeñas are facing before the 4th
Division one count each of violation of Republic Act 3019, or the Anti-Graft
and Corrupt Practices, and usurpation of official functions under Article 177
of the Revised Penal Code.
The cases stemmed from Aquino’s
alleged act of allowing the suspended PNP Chief Allan Purisima to participate
in the planning and implementation of Oplan Exodus, the botched police
operation aimed to neutralize Malaysian terrorist Zulkifli bin Hir — alias
Marwan — and Filipino bomb maker Abdul Basit Usman.
As of date, only the former PNP
Chief had been arraigned of the cases, to which he entered a plea of not
guilty. *
The arraignment of the former president
was supposed to on February 15, the Sandiganbayan also gave Aquino’s camp until
February 5 to submit a pre-trial brief which must contain the list of witnesses
and documentary exhibits they intend to present during the trial proper.
In his motion, however, the former president said that
“due to the pendency of his motion to quash [case] informations, Mr. Aquino
believes that the filing of a pre-trial brief is premature”.
In Aquino’s motion to quash filed last January 4 Aquino argued that merely allowing Purisima to be present during the planning of Oplan Exodus cannot constitute usurpation of official functions nor a violation of the Anti-Graft and Corrupt Practices Act.
Aquino states that in his “lawful exercise of his
Presidential powers”, he can utilize the services of Purisima for Oplan Exodus
“prior to and during its implementation” as well to “ease out” then PNP acting
chief Leonardo Espina and then Secretary of Interior and Local Government
Manuel Roxas III from Oplan Exodus.
Report from PhilStar
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