‘Noy liability in Mamasapano more political than legal’

MANILA, Philippines – While the original report on the investigation into the Mamasapano tragedy stands, the Senate committee will review the transcripts of the Jan. 27 hearing and could, if needed, come out with a supplemental report on the outcome of its probe.

This was revealed by Sen. Grace Poe in a roundtable discussion with The STAR editors and reporters yesterday. Poe chairs the committee on public order and dangerous drugs.

Poe also said President Aquino may not be held legally liable for the failure of his subordinates to issue the proper orders that could have prevented or limited police Special Action Force casualties in Mamasapano in January last year.

 “I said that the President is ‘ultimately responsible’. The President, being the commander-in-chief… the buck stops with him.

“Now, in this particular case, he is commander-in-chief of the Armed Forces. His liability – we need to be very clear… His liability, I think, is more political than legal,” she added.

While she respects Senate Minority Leader Juan Ponce Enrile’s assertion that Aquino should eventually be held criminally liable after his term ends on June 30, Poe explained that the failure of Aquino’s “subordinates” to act should not be treated as the President’s fault.

“Why am I saying that? Because there are no laws that actually compel subordinates in their failings, either in their sins of omission or commission of their duties, to directly attribute it to their commander-in-chief,” she said.

“There is no legal basis that can directly hold the President liable for the failings of those subordinates under him,” she pointed out.

Poe’s statements came in the wake of the Senate’s reopening of the Mamasapano inquiry last Jan. 27 where the President’s allies disputed Enrile’s claims that Aquino should take the blame for “compartmenting” the covert operations, leaving out his Cabinet secretaries and top police, military generals from the planning to execution of  Oplan: Exodus.

Supplemental report

Poe said the committee would stand by its original report, but is also looking at issuing a supplementary report that would emphasize that ex-SAF commander Gen. Getulio Napeñas should be held liable.

“We are still reviewing the transcript. We don’t need to amend the initial report. If we need a supplementary report, we might do that. Right now, we gave due respect to Sen. Enrile to be able to ask the questions that he needed to ask,” she said.

“I don’t think it will change the findings. If ever, he just confirmed the findings we already had,” she said.

Poe said a supplemental report would “strengthen a particular assertion in our committee report.”

She stressed her committee was not protecting the President or his friend, former PNP chief Alan Purisima.

“We won’t put blame on anyone that doesn’t deserve to have the blame but definitely it’s clearer now, that General Napeñas had a lot of failures in the implementation and the planning of Mamasapano and if ever, this hearing strengthened that,” Poe said.

“On General Purisima, it also strengthened our conclusion that he was a suspended officer who should not have been part of the planning,” she added.

Asked about the President’s role, Poe said the Senate report – signed by 21 senators – “still stays the same.”

No debate

Malacañang, meanwhile, said it would not dignify Enrile’s challenge to President Aquino or his spokespersons to a debate over the Jan. 25 Mamasapano incident.

“All that were needed to be asked by the senators have been asked. All that were needed to be answered by the resource persons have been responded to. Perhaps, the results of the Senate reopening of the Mamasapano should speak for itself,” presidential spokesman Edwin Lacierda said.

For his part, Presidential Communications Operations Office Secretary Herminio Coloma Jr. said Enrile already had the opportunity to present his case and they must now move forward.

“It is best that our people focus their energies on how to sustain the momentum of our reform and transformation efforts that have gained the respect and admiration of the global community,” Coloma said.

Enrile said if the President would not man up to the challenge, his alter egos like Lacierda, Coloma, deputy presidential spokesperson Abigail Valte or Presidential Communications Development and Strategic Planning Office Undersecretary Manuel Quezon III could substitute for him.

Enrile issued the challenge as the Palace belittled his grilling of officials during a hearing on the Mamasapano tragedy last Jan. 27. The officials, one after another, disputed Enrile’s claims.

Disputing criticisms that the hearing was only a retelling of the events that led to the carnage, Enrile maintained it had actually laid down the basis for the possible filing of criminal charges against the President after he steps down in June.

But last Saturday, Senate President Franklin Drilon said the Jan. 27 hearing showed Oplan Exodus was “compartmented” by Napeñas who decided on various aspects of the operation by himself.

Enrile said it was Aquino who kept the plan to himself, and to Purisima and Napeñas. – Aurea Calica