MANILA, Philippines–Malacañang on Tuesday countered the claim of Senator Miriam Defensor-Santiago that President Benigno Aquino III can be criminally charged for the death of 44 elite cops in Mamasapano town, Maguindanao.
“Malinaw naman po na ang pakay at isinagawang operasyon ng PNP-SAF ay hindi krimen kung hindi pagpapatupad ng batas (It is clear that the aim of the Philippine National Police-Special Action Force operation is not to commit a crime but to uphold the law),” Communications Secretary Herminio Coloma Jr. said.
“Under the Rome Statute, command responsibility will apply if the superior, knowing his subordinates will commit a crime, fails to stop the commission of the crime, or knowing that his subordinates committed a crime, fails to punish them,” Coloma said, quoting Senate President Franklin Drilon.
Santiago on Monday said anyone who thinks that Aquino should have assumed command responsibility on the fatal operation can file a case before the International Criminal Court.
The President has received flak for the operation to arrest terrorists hiding in Maguindanao which led to the SAF’s so-called “misencounter” with the armed Moro groups as police officials claimed that he green-lighted the mission.
Santiago had said Aquino’s recent statements only raised more questions about the operation.
“It’s not clear whether he just approved of the operation at the very start and then let it have its own life or [if] he approved of this particular operation. And if so, whose advice was he taking and what precautions were taken to protect the life of each of these almost uniformly very young policemen?” she said.
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