Slipping on banana peels

Eight months after, the panel of investigators formed by the Department of Justice (DOJ) to dig into the infamous Mamasapano incident was finally able to file yesterday formal criminal cases against suspects involved in the bloody encounter with government troopers. The DOJ probe panel came up with 90 members of different armed groups in Mindanao, including the Moro Islamic Liberation Front (MILF) who engaged and killed 44 members of the Philippine National Police (PNP)-Special Action Force (SAF) last Jan. 25 in the town of Mamasapano, Maguindanao.

Without giving out the names of the suspects to prevent their avoiding arrest, the DOJ probe panel charged 26 MILF members, 12 from its breakaway group Bangsamoro Islamic Freedom Fighters (BIFF), and 52 individuals from private armed groups. Each was charged with direct assault with murder of SAF troopers who were slain while trying to capture two of the most wanted terrorists hiding in rebel stronghold areas.

Last July, the Office of the Ombudsman filed graft and grave misconduct cases against PNP-SAF officials for the botched Oplan Exodus. Recommended for graft charges were former PNP chief Alan Purisima, former SAF chief Getulio Napeñas, and nine other police officials and officers.

All these legal processes are now taking place in pursuit of justice even as the government continues the peace process with the MILF. This is at best reconciliation with justice.

DOJ Secretary Leila de Lima, along with NBI director Virgilio Mendez, filed the case before the National Prosecutor Service, also an office under the DOJ. They would conduct the preliminary hearing to determine probable cause for the filing of this non-bailable case in court.

The DOJ secretary admitted the probers were pressed to gather supporting evidence and validate their findings after President Aquino made a public revelation about receipt of an “alternative version” of the Mamasapano incident.

“The filing of the charges was actually ready since over a month ago, but because of this supervening events like the ‘alternative version’ which needed to be checked first. But now that the executive department already dismissed it, we may now proceed with the filing,” De Lima told reporters yesterday.

De Lima was referring to the presidential statement before the multi-media forum organized by the Philippine Daily Inquirer (PDI) editorial office last Sept. 8. During that forum, President Aquino disclosed supposed new leads of an “alternative version” on the Mamasapano incident. But after getting much flak and severe criticism from all quarters, including those from the grieving families of the SAF 44, President Aquino subsequently backpedalled on this “alternative version” and blamed it on those allegedly trying to muddle the case.

So where did President Aquino get this information?        

The President’s used the words “alternative version” in the question-and-answer forum. He was asked if he has had closure on the Mamasapano incident after the tragedy, which led to the steep decline of the presidential approval rating for that period.

This is one consequence of “fast talking” – and loose, if I may add. It was Thai Prime Minister Prayut Chan-o-cha who described President Aquino as fast talking at the formal banquet during his state visit last August 28 at Malacañang.

Aside from that presidential slip on “alternative version” on the Mamasapano incident, P-Noy also stirred a hornets’ nest on another issue. In reply to a question, the Chief Executive confirmed a purported demand by private conglomerate, the Light Rail Manila Corp. (LRMC) when it takes over the operations and maintenance of the Light Rail Transit Line 1 (LRT-1).

However, President Aquino clarified that it has not yet been determined if the government would accede to the demand as the two sides were still in preliminary discussions on the matter.

The LRMC – composed of Metro Pacific Investments Corp., Ayala Corp. and Australia’s Macquarie Infrastructure Holdings (Phil.) – won the P65-billion LRT 1 public-private partnership project of the Light Rail Transit Authority (LRTA).

The project entails the construction of the 11.7-kilometer extension from the present end of the LRT line in Baclaran to Bacoor, Cavite, as well as the operation of the entire line.

The President’s statement was confirmed by Finance Secretary Cesar Purisima who joined him at that forum. Purisima went on to reveal that the LRMC was demanding that the Department of Transportation and Communications fulfill its sovereign guarantee for failing to deliver its commitments under the contract.

As far as Purisima apparently knew about the details of the contract, it carried with it a sovereign guarantee, or a promise from the government to discharge the contingent liabilities of the DOTC and LRTA. The DOTC and the LRTA are the implementing agencies of the project. The LRTA is attached to the DOTC.

The left-leaning Bagong Alyansang Makabayan claimed a supposed letter by DOTC Secretary Joseph Emilio Abaya requesting the release of P7.519 billion from the Department of Budget and Management (DBM) as penalty payments for the project to LRMC in case of slippages caused by the government.

Both the LRMC and the DOTC secretary, however, denied there was such a letter of request.

At the recent House hearing on the DOTC budget, Abaya swore the supposed letter was “unsigned.” To buttress the truthfulness of his claims, the DOTC secretary asked the lawmakers not to take his word for it but for themselves to look at the alleged document.

Abaya told House lawmakers that the President and Purisima might have been misinformed. “With so many problems facing the President, I wish I would’ve been there at the Inquirer interview. If I was there, I could’ve advised them but I wasn’t invited,” Abaya told his former House colleagues.

Again, where did President Aquino get this information? He has been slipping on banana peels thrown his way these last nine months of his term.  

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We are having as guests in today’s Kapihan sa Manila Bay at Luneta Hotel opinion pollster Pulse Asia executive director Ana Maria Tabunda and some of the retired police and military generals who signed the paid advertisement against the Bangsamoro Basic Law (BBL).