‘P-Noy did not break any law’

MANILA, Philippines - President Aquino did not violate any law when he discussed Oplan Exodus with suspended Philippine National Police (PNP) chief Alan Purisima in Bahay Pangarap, his official residence, on Nov. 30, 2014 and Jan. 9, Malacañang said yesterday.

“No law prohibits the President from exercising his discretion to get the views of a suspended official on a particular matter if this would raise the confidence level of the President’s executive decision-making, so long as the act does not involve the performance of official functions pertaining to the post from which the official concerned was suspended,” Presidential Communications Operations Office Secretary Herminio Coloma Jr. said, quoting Justice Secretary Leila de Lima.

On the involvement of Purisima in Oplan Exodus, Coloma said the President had explained in his Jan. 28 open forum that he was talking directly to relieved PNP Special Action Force (SAF) commander Director Getulio Napeñas and that Purisima helped him understand the jargon of the operation.

Aquino said Purisima was reporting to him the developments of the operation since May last year but his involvement was only up to December when he was ordered suspended by the Office of the Ombudsman.

“Then after that, if at all, he was the one very knowledgeable about the whole thing; he was explaining to me the intricacies of what the plan being presented to me was,” Aquino said in his Jan. 28 press briefing on the Mamasapano incident.

Aquino added that the reason for the exclusion of Interior Secretary Manuel Roxas II and acting PNP chief Deputy Director General Leonardo Espina from the operation would be borne out in the PNP’s Board of Inquiry.

On the ongoing Senate inquiry, Coloma said it might be inappropriate to give comment at this time. He stressed the testimonies should be understood in their proper context.

“This is possible only after reading the complete transcript of proceedings,” Coloma said.

“It is also important to await the findings of the PNP Board of Inquiry and other fact-finding bodies which are conducting similar inquiries,” Coloma said.

The Senate is on its second day of its investigation into the killing of the 44 SAF policemen in Maguindanao last Jan. 25.

There are other probes into the incident including that of the PNP’s own Board of Inquiry.

Magdalo Rep. Gary Alejano believes Napeñas had executed an “illegal order” when he sent his men to Mamasapano.

The former Marine officer said the “judgment call” of Napeñas to heed the advice of Purisima was wrong.

“He followed the advice of his suspended PNP chief to keep the DILG secretary and his PNP officer-in-charge in the dark on their mission,” he said, referring to Roxas and Espina, respectively.

Alejano said Purisima’s “advice” was actually an order to Napeñas.

“To us in the military and the police organizations, it was an order,” Alejano said.

“If a superior officer wishes something for a subordinate to do, that is an order. And since the alleged advice came from the suspended PNP chief, it was an illegal order.”

Purisima should have turned over the SAF’s intelligence information on terrorist targets to Espina, he added.

Alejano said he witnessed the turf war between the PNP and the Armed Forces when he was a Marine commander in Mindanao.

“It’s good that this is being exposed now so that remedial measures could be taken,” he said.

The militant Bagong Alyansang Makabayan (Bayan) said the statements of Napeñas showed President Aquino lied about the extent of his and Purisima’s involvement in the Mamasapano operations.

Bayan secretary-general Renato Reyes said both Aquino and Purisima were deeply involved in the planning and execution to capture Marwan.

Despite drawing flak for the massacre of elite government troops, Malacañang maintained the administration of President Aquino wants the government to be able to fully implement its peace agreement with the Moro Islamic Liberation Front (MILF).

“What is important is to implement the provision of the Comprehensive Agreement on the Bangsamoro (CAB),” Coloma told reporters via email.

Coloma issued the statement in reply to queries regarding the letter of MILF peace panel chairman Mohager Iqbal, who said the MILF remains a revolutionary organization in status despite the peace agreement with the government until provisions of CAB have all been complied with. – Jess Diaz, Delon Porcalla, Rhodina Villanueva