Drilon disputes Aquino criminal liability in fatal SAF mission

By: Maila Ager - 10 years ago

Senate President Franklin Drilon. INQUIRER file photo / JOAN BONDOC

MANILA, Philippines—Senate President Franklin Drilon came to the defense of President Benigno Aquino III on Monday, saying that the latter could not be “criminally” charged over the Mamasapano incident based on the principle of “command responsibility.”

“I do not agree that President Aquino has incurred any liability on the principle of command responsibility under international law. Under the Rome Statute, a command responsibility would apply with the superior, knowing his subordinates will commit a crime, fails to stop the commission of the crime, or who would cover up of them,” Drilon told reporters.

“In this particular case, the Special Action Force of the PNP (Philippine National Police) was there to serve a warrant of arrest, not to commit any crime, so the principle of command responsibility has no application to make President Aquino criminally liable under the Rome Statute. It does not provide any basis for any charges in the International Criminal Court,” he said.

The Senate leader was reacting to Senator Miriam Defensor-Santiago’s statement that the President may be charged before the International Criminal Court (ICC) over the Mamasapano incident, citing the principle of command responsibility.

In an earlier press conference, Santiago said, “Well, anyone who thinks that President Aquino should assume command responsibility as commander in chief of the military and the armed forces of the Philippines, may file a complaint in the International Criminal Court.”

In a separate statement, Santiago said the death of the PNP-Special Action Force (PNP-SAF) men also “makes the military commander and other superior officials responsible for war crimes” under the ICC.

“The SAF massacre is properly called a ‘non-international armed conflict.’ We make this distinction, because the relationship of the Philippine government with a non-state actor like the MILF is different from the relationship of our government with other states. The rule is to deny legitimacy to rebels, terrorists, or other armed groups,” she said.

The death of the 44 SAF members, she said, constituted “atrocities” and therefore, the punitive laws against war crimes apply.

But Drilon disagreed, saying: “There is no war going on. This is an enforcement of the processes of our laws.”

While defending the President, the Senate President branded as “improper” the alleged involvement in the operation of suspended PNP chief Alan Purisima, who was reportedly giving orders to SAF chief Getulio Napeñas.

“Totally improper. Totally improper for Purisima to give instructions if that is what happened. He is suspended. He should not be doing that,” he said.

Drilon said Purisima’s suspension “clearly calls for him to inhibit himself from official activities. And it is totally improper for him if that is true, if he was giving directions.”