Palace urges public: Respect probes on Mamasapano clash

MANILA, Philippines - Malacañang appealed to the public yesterday to respect the ongoing investigations into the Jan. 25 Mamasapano incident just as it respects the right of some groups to assail the government and demand accountability.

Presidential spokesman Edwin Lacierda said over radio dzRB it would be best for the people to wait for the results of investigations being conducted by Congress and the Philippine National Police (PNP) Board of Inquiry to find out the truth about what really happened.

Fighting between Muslim guerrillas and members of the Special Action Force (SAF) on a mission to capture two terrorists in Mamasapano, Maguindanao last Jan.25 left dozens dead, including 44 members of the elite police force.

“The police and the military – the AFP (Armed Forces of the Philippine) and the PNP – and the government officials are ready to shed light on the matter,” Lacierda said.

At the House of Representatives, a senior administration lawmaker said President Aquino cannot be compelled to face Congress to talk about what he knew about the Mamasapano incident.

Cavite Rep. Elpidio Barzaga Jr. said the President can only be made to appear before lawmakers in an impeachment proceeding.

Aquino earlier admitted getting briefed constantly on the plans and operations to capture Malaysian terrorist Zulkifli bin Hir, alias Marwan, and his Filipino cohort Basit Usman.

Barzaga, a lawyer, cited the doctrine of separation of powers, which bars one branch of government from intruding into the affairs of a co-equal branch.

In Senate vs. Ermita (G.R. No. 169777, April 20, 2006) the Supreme Court held that Congress cannot summon the President to appear before it unless the invitation is part of impeachment proceedings, he said.

“Only one executive official may be exempted from this power – the President on whom executive power is vested, hence, beyond the reach of Congress except through the power of impeachment,” the SC said.

Barzaga also cited Neri vs. Senate (G.R. No. 180643, Sept. 4, 2008) where the SC reiterated that executive privilege may be defined as the right of the President and high-level executive branch officers to withhold information from Congress, the courts and, ultimately, the public.

“The privilege, being an extraordinary power, must be wielded only by the highest official in the executive hierarchy,” Barzaga said.

“There is no need for the President’s personal appearance to the congressional inquiry. It must be noted that the President did not prevent his subordinates from appearing before the said congressional inquiry,” he said.

Meanwhile, Negros Occidental Rep. Jeffrey Ferrer, chairman of the committee on public order and safety, is appealing to his colleagues to respect the rules in the conduct of hearing on the Mamasapano incident.

Ferrer’s panel, along with the committee on peace, reconciliation and unity chaired by Basilan Rep. Jim Hataman-Salliman, is investigating the incident. The next hearing is on Tuesday.

“We must set the example to our constituents to be sober, fair and objective and not heighten anger,” he said. Ferrer’s panel drew brickbats for its disorderly and chaotic hearing last week.

Malicious information

Presidential Adviser on the Peace Process Teresita Deles, for her part, assailed malicious misinformation being spread on social media alleging that she had talked to a legislator about whitewashing the investigation into the incident.

“That is a falsehood,” Deles said, referring to the Facebook post.

“We certainly want accountability and will pursue truth and justice for those who have fallen in Mamasapano,” she said.

“I did have two meetings with two senators the day after the Mamasapano incident. One was with Sen. (Ferdinand) Bongbong Marcos, Jr. and the other with Senate President Franklin Drilon,” Deles recalled. “But I never adverted to anything about a plan to ‘make the incident disappear’ or for a ‘whitewash.’”

Deles was at the Senate the day after the Mamasapano incident to attend a hearing on the Bangsamoro Basic Law organized by the Committee on Constitutional Amendments chaired by Sen. Miriam Defensor-Santiago.

Marcos, chairman of the Senate Committee on Local Government, was at the same hearing. His committee is tackling the Bangsamoro bill jointly with the Senate committee on peace, unification and reconciliation chaired by Sen.Teofisto Guingona III.

“After the hearing, I met with Sen. Marcos in his office to discuss the Mamasapano incident over which the senator expressed concerns while we were still in the meeting room,” Deles said. 

“There was nothing in our conversation that suggested any intent to whitewash the tragic incident. Certainly, we share the utmost efforts and hope of gaining clarity and accountability on what happened,” Deles emphasized.

Deles said OPAPP records show her 1:30 p.m. meeting with Marcos on Jan. 26 lasted for about 15 minutes.

“We actually concluded our meeting by agreeing to wait for more information to come in on what really transpired, and share what we can with each other,” Deles said.

It was in the same meeting that they agreed to arrange a meeting between the senator and Moro Islamic Liberation Front (MILF) peace panel chair Mohagher Iqbal. The meeting took place last Feb. 2.

The Facebook post was about a supposed audio recording of a meeting between Deles and a legislator. The attached audio file was titled “Bbm And Deles.m4a.”

The “Bbm” may be referring to the initials of Marcos.

The peace adviser noted that if such audio recording does exist, it should be a cause for alarm as it would be a violation of Republic Act 4200 or the Anti-Wire Tapping Law.

Deles said that her office has already alerted Marcos to the “misinformation.” 

“We have already conveyed my apologies to Sen. Marcos for the possibility of him being affected by all these misinformation being spread against me,” Deles said.

The peace adviser shared that she also had a separate meeting with Drilon on the same day, where they discussed updates on the deliberations on the BBL.

A week after the Mamasapano incident, a newspaper published a story alleging that Deles had advised President Aquino against sending reinforcements to the beleaguered SAF commandos. This was denied by Deles.

“We all want the truth and accountability of the Mamasapano incident. We all grieve over what happened. I appeal to the public to keep a critical eye to misinformation and malicious reports which aim to divert issues and make personal attacks, but will not help in the collective efforts for justice and peace,” Deles said. – With Jose Rodel Clapano, Paolo Romero