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Noynoy Aquino to appeal usurpation, graft raps’ tag=’h3′ style=’blockquote modern-quote’ size=” subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=”]
BY ADRIAN STEWART CO
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MANILA – Former president Benigno “Noynoy” Aquino III will appeal the case that the Office of the Ombudsman ordered filed against him in connection with an antiterrorism operation in Mamasapano, Maguindanao in 2015.
There “may have been a misappreciation of some facts surrounding the incident, leading to some erroneous conclusions,” Aquino’s spokesperson Abigail Valte said in a press statement.
Aquino “will seek to clarify the same through a motion for reconsideration,” Valte said.
The former president already received the Ombudsman order. His lawyers will file the motion any day this week, said Valte.
On Friday, Ombudsman Conchita Carpio-Morales ordered the indictment of Aquino for usurpation of authority (Article 177 of the Revised Penal Code) and violation of Section 3(a) of the Anti-Graft and Corrupt Practices Act.
Aquino committed these violations for allowing then suspended Philippine National Police chief Alan Purisima to get behind Oplan Exodus, an operation to arrest Zulkifli bin Hir, or “Marwan,” said Morales.
While it killed Marwan, the operation also resulted in the death of 44 Philippine National Police – Special Action Force commandos, or the SAF 44, and some Moro Islamic Liberation Front members and civilians.
Morales said it was because of Aquino’s influence and permission that Purisima was able to participate in the planning of Oplan Exodus despite the latter’s preventive suspension.
In their complaint filed against Aquino last year, the bereaved families of the SAF 44 said the former president should be accountable for authorizing the Jan. 25, 2015 operation and for failing to order a rescue as the commandos were being slaughtered.
But Morales dismissed charges of reckless imprudence resulting in multiple homicide against Aquino for “lack of probable cause.”
Purisima and former SAF chief Getulio Napeñas were charged alongside Aquino.
The SAF 44 families wanted Aquino III indicted for homicide.
Their counsel, Ferdinand Topacio, said in a radio interview yesterday the families will file a motion for reconsideration on the dismissal of the homicide charges against Aquino.
“More than command responsibility … [there is] criminal negligence. Kasi sa sobra-sobrang kapabayaan, may namatay po,” Topacio said.
Topacio said the SAF 44 families will soon travel to Manila to sign the motion. He said their legal team is rushing to get travel funds for them as they have to meet the deadline for the filing. (With a report from ABS-CBN News/PN)
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