90 fighters in Mamasapano clash summoned; hearing set November 11

In a subpoena earlier this week, the DOJ panel of prosecutors ordered the 90 to answer the charges of direct assault with murder and theft filed against them by a government fact-finding team last month. The 90 have not been named. Philstar.com/File

MANILA, Philippines - The Department of Justice (DOJ) has summoned 90 commanders and members of the Moro Islamic Liberation Front (MILF), Bangsamoro Islamic Freedom Fighters (BIFF) and private armed groups who were tagged in the killing of 44 Special Action Force (SAF) commandos pursuing international terrorist Zulkifli bin Hir, alias Marwan, on Jan. 25.

In a subpoena earlier this week, the DOJ panel of prosecutors ordered the 90 to answer the charges of direct assault with murder and theft filed against them by a government fact-finding team last month. The 90 have not been named.

Prosecutor General Claro Arellano has set the preliminary investigation hearings on Nov. 11 and 27, both at 10 a.m. at the department’s executive lounge.

Arellano said the subpoenas for the MILF respondents were sent either through the MILF leadership or the Coordination Committee on the Cessation of Hostilities while those for the BIFF and private armed groups were coursed through Mamasapano town Mayor Benzar Ampatuan.

Senior Assistant State Prosecutor Rosanne Balauag heads the panel, with Assistant State Prosecutors Aldrin Evangelista, Benito Oliver Sales III, Rassendell Rex Gingoyon and Alexander Suarez as members.

The hearings would determine if there is probable cause to warrant the filing of charges of direct assault with murder and theft against the accused, 13 of whom are MILF commanders and six from BIFF.

They were accused of acting “in conspiracy with one another to attack, employ force, seriously intimidate or resist the 35 SAF commandos, who were uniformed police officers and, thus persons in authority.”

The fact-finding team of prosecutors and National Bureau of Investigation agents based the report on accounts of eyewitnesses – including an alias Marathon – who identified the liable MILF and BIFF commanders and have been placed under the witness protection program.

The viral videos of the encounter that circulated in social media sites also helped in the investigation and its sources have been traced. But based on results of the probe, the killings of the SAF commandos appeared to be “spontaneous and not an institutional act of the MILF.”

The charges covered the cases of 35 slain SAF men who belonged to the 55th SAF Company and were killed in a cornfield in Barangay Tukanalipao, Mamasapano.

Earlier this month, the fact-finding team released its report on the remaining nine commandos from the 84th SAF Company who were butchered in Barangay Pidsandawan and that of the five civilians and 18 MILF fighters who were also killed during the clash.

‘I want to help families of slain SAF members’

Liberal Party (LP) presidential candidate Manuel Roxas II admitted that he considered resigning from the Cabinet at the height of the controversy involving the Mamasapano clash.

Roxas, who was kept in the dark on the operation that targeted high-profile terrorists last January, said he was ready to quit as interior secretary but the President prevented him from doing so.

“That crossed my mind. I went to the President and told him that if you no longer have confidence in me, I can tender my resignation anytime,” Roxas told radio station dzMM.

“He said that (confidence) was not an issue so he did not accept (my resignation),” he added.

Roxas said many had asked him to resign but he decided to stay to help the families of the 44 slain police commandos. – Alexis Romero

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