The Sandiganbayan may now act on the motion to withdraw the graft and usurpation of authority cases filed against former President Benigno S. Aquino III in connection with the Mamasapano massacre after the Supreme Court on Tuesday lifted its Temporary Restraining Order issued in February 2018.
With the lifting of the TRO, there is also no more legal impediment for the Ombudsman to implement its resolution that dismissed the complaint for reckless imprudence resulting in multiple homicide against Aquino, former Philippine National Police chief Police Gen. Alan L.M. Purisima, and former PNP Special Action Force chief Major Gen. Getulio Napenas.
The 2018 TRO stopped the Sandiganbayan from proceeding with the arraignment of Aquino, Purisima, and Napenas on graft and usurpation of authority charges.
The restraining order also enjoined the Ombudsman from implementing its resolution “insofar as it dismissed the complaint for reckless imprudence resulting in multiple homicide against respondents Benigno Simeon C. Aquino III, Alan Purisima, and Getulio Napenas and from further proceeding in the subject cases.”
Last June, Ombudsman Samuel R. Martires filed a motion with the Sandiganbayan to withdraw the graft and usurpation of authority filed against Aquino in the Mamasapano massacre that resulted in the death of 44 PNP-SAF members.
In his motion, Martires said: “After a review… the undersigned finds no sufficient ground and evidence to charge accused Benigno Simeon C. Aquino III for violation of Section 3(a) of Republic Act No. 3019 and for usurpation of official functions under Article 177 of the Revised Penal Code, being then the President of the Republic of the Philippines during the time material to the cases.”
But Martires also said in his motion that the dismissal of the graft and usurpation of authority charges against Aquino is “without prejudice to the filing of appropriate charges against accused after the conduct of preliminary investigation.”
The Sandiganbayan has deferred action on Martires’ motion because of the TRO issued by the SC in 2018.
Case records showed that 67 persons – 44 policemen, 18 rebels, and five civilians – died in Mamasapano, Maguindanao. The policemen encountered the rebels while they were retreating from an operation to neutralize two groups of terrorists. (Rey Panaligan)
