DOJ chief admits getting SAF killers a difficult task

MANILA, Philippines - Justice Secretary Leila de Lima admitted that it would be a challenge to the government to bring to the criminal justice system the Bangsamoro Islamic Freedom Fighters (BIFF) and private armed groups tagged in the brutal death of Special Action Force (SAF) commandos in the Mamasapano clash.

De Lima admitted this yesterday as the Department of Justice (DOJ) is set to start its preliminary investigation (PI) on the murder charges against 90 individuals found liable for the killing of 35 of 44 SAF troopers during the clash last Jan. 25.

While the government expects cooperation of the Moro Islamic Liberation Front (MILF) in the PI against its 13 commanders and 13 members also tagged in the killings, the participation of respondents from BIFF and other armed groups remains uncertain. 

“It will be difficult to get these BIFF respondents because their leaders are not in peace talks with the government. The same with private armed groups, it will be hard because these are unaffiliated,” De Lima explained.

“At the very least, we can expect the cooperation of the MILF leadership insofar as the 26 MILF respondents are concerned,” she added.

More than 60 respondents charged with the complex crime of direct assault with murder are from the BIFF and private armed groups.

De Lima said the possible non-participation of respondents in the PI proceedings would not prevent the resolution of charges as rules provide for a waiver of right to answer charges in case of their absence in hearings.

She made assurance that the DOJ would exhaust all available means to serve the subpoena to all respondents, including possible request for assistance of local officials.

De Lima said the DOJ would also seek the assistance of the Coordinating Committee on the Cessation of Hostilities to coordinate with the MILF to expedite the process.

The charges filed with the DOJ last week covered the cases of 35 slain SAF men who belonged to the 55th SAF company that clashed with the MILF, BIFF and other armed groups in the cornfields of Barangay Tukanalipao in Mamasapano.

The cases of the nine other slain SAF commandos from the 84th SAF company in Barangay Pidsandawan as well as the five civilians and 18 MILF fighters who were also killed during the clash and the reported US involvement in the operation are still undergoing investigation.

De Lima said the fact-finding report on the second part could be released after two weeks.

The fact-finding report said the Mamasapano bloodbath was not a “misencounter,” rejecting the findings of the MILF.