DOJ sets 2-month deadline for probe
MANILA, Philippines—The Department of Justice (DOJ) has set a two-month deadline for its special investigation panel to find out the truth and identify those who could be held liable for the bloody clash in Mamasapano, Maguindanao, which cost the lives of 44 elite police commandos amid a fragile push for the peace process.
In an order released publicly on Friday, Justice Secretary Leila de Lima ordered five state prosecutors to join officers of the National Bureau of Investigation in its special investigation team to undertake a comprehensive probe into the Jan. 25 incident, the deadliest single police operation in recent history that has spurred public outrage and concerns over the progress of peace efforts.
“The joint special investigation team shall conduct a thorough, in-depth and comprehensive investigation and a case buildup, under the supervision of the undersigned (De Lima), in connection with the said incident, which resulted in the deaths and injuries,” said the justice chief.
The DOJ constituted the panel on orders of President Benigno Aquino III “to undertake a case buildup… towards the end of possibly filing criminal charges against those who may be identified or determined to be responsible” for the incident, read Department Order No. 34.
The ‘team’
“The team shall make regular reports directly to the Secretary of Justice, and submit a final report of its findings and recommendations, including for the filing of appropriate criminal and administrative charges against those who may be found responsible,” De Lima said in her directive dated Feb. 2.
“Said report shall be submitted to the undersigned not later than 60 days,” read the order, which took effect immediately upon issuance.
Named members of the team were Assistant State Prosecutors Juan Pedro Navera, Irwin Maraya, Gino Paolo Santiago and Jocelyn Dugay and Assistant Prosecution Attorney Ethel Rea Suril. The DOJ did not release the names of the NBI investigators.
The justice secretary conceded that “progress across all areas will expectedly not be uniform,” given “the wide scope and coverage of the investigation.” De Lima ordered the team to readily inform her upon every major finding.
“The team will most likely achieve breakthroughs in some areas, on the one hand, and encounter dead-ends in other areas,” De Lima said.
“For this purpose, in case the team arrives at any significant finding on any aspect of the investigation, the same shall also be brought to the immediate attention of the undersigned,” she added.
Priorities
In her order, De Lima said the team “shall prioritize” as evidence official reports that are expected to come from the Philippine National Police, including results of its independent board of inquiry probe launched on Mr. Aquino’s orders, the Armed Forces of the Philippines, the Office of the Presidential Adviser on the Peace Process, the Moro Islamic Liberation Front (MILF) and the Commission on Human Rights.
De Lima said the team is “also mandated and encouraged to seek the assistance and coordinate” with the said agencies, along with the Department of Social Welfare and Development, the Autonomous Region in Muslim Mindanao, the local government of Mamasapano and the provincial government of Maguindanao.
The panel must also take a look at firearms and ballistics reports, the official forensic investigation and autopsy reports of the PNP-Scene of the Crime Operatives on the 44 PNP-Special Action Force (SAF) officers killed—some brutally—during the clash with members of the MILF and its splinter Bangsamoro Islamic Freedom Fighters (BIFF).
The investigation should also consider medical examination reports of the injured SAF survivors, civilian casualties and combatants from the MILF, the BIFF and private armed groups slain or injured during clash.
De Lima also expects the team to undertake “clarificatory interviews” with witnesses who have earlier issued statements to authorities and “new witnesses not identified and included” in any of the reports by investigating agencies.
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