Escudero: Senate report on Mamasapano ops should touch on Aquino’s lapses

By: Maila Ager - 10 years ago

Sen. Francis Escudero INQUIRER file photo

MANILA, Philippines — The Senate findings on the Mamasapano operation should include the possible lapses that President Benigno Aquino III might have committed, Senator Francis “Chiz” Escudero said on Thursday.

Speaking at a weekly forum in the Senate, Escudero, who chairs the committee on finance, one of the three committees that investigated the Mamasapano incident, said the report of the joint committees should tackle the following issues: The alleged involvement of the Moro Islamic Liberation Front (MILF) and its possible liability, the effect or impact of the botched operation on the ongoing peace talks between the government and the MILF and on the proposed Bangsamoro Basic Law, the liability of certain police and military officials involved in the operation, as well as the members of the government peace panel, particularly the Office of the Presidential Adviser on the Peace Process.

The report, he said, should also touch on the possible lapses that might have been committed by the President.

Asked about the possible liabilities of the President, the senator said: “Ayaw kong pangunahan ang findings ni Senator (Grace) Poe pero under the Constitution, the President is immune from suit and can only be held liable in an impeachment proceeding. Ang tanong babagsak ba ‘yan du’n sa grounds for impeachment at kamara lang ang makakapagsabi at makakasagot nyan.”

(I don’t want to preempt Senator Grace’s finding, but under the Constitution, the President is immune from suit and can only be held liable in an impeachment proceeding. The question is, will it fall on the ground for impeachment, and only the Congress can say and answer that.)

Poe led the Senate probe as head of the committee on public order.

Escudero, however, believes that Aquino did not commit any crime when he decided to consult and coordinate with resigned Philippine National Police Chief Director Alan Purisima about the operation that resulted in the death of 44 elite policemen.

Asked what he thought the President did wrong on the operation: “Para sa akin, kung bakit binigyan pa ng lugar o puwang si General Purisima na gumanap sa anumang kapasidad o papel kaugnay sa operasyong ito but then again we have the benefit of hindsight.”

(For me, it is why General Purisima was even given the opportunity to act in any capacity on the operation, but then again we have the benefit of hindsight.)

He could not specifically say, however, the specific crimes Aquino had committed when he coordinated with Purisima, who was then under preventive suspension by the Office of the Ombudsman over an allegedly anomalous courier deal in the PNP.

“Walang depenisyon kasi at walang krimen naman na ganun e na mali ang tao ng kinausap mo, mali ang taong tinanong mo, mali ang taong hiningan mo ng payo. Walang ganung uri o klase ng krimen at ni hindi babagsak ‘yun sa culpable (violation of the constitution),” said Escudero, who immediately stopped himself, saying he would just leave it up to the House of Representatives in case an impeachment complaint is filed against the President.

(There is no crime in talking to and seeking advice from the wrong person. There is no crime like that, and it cannot be considered as culpable violation of the constitution.)

“Pero sa ilalim ng Constitution, hindi s’ya pwedeng mapanagot sa anumag krimen maliban sa pamamagitan ng impeachment, at sa pananaw ko wala akong nakikitang krimen o batas na nilabag n’ya sa pagkukulang sa kanyang pagpapasya kaugnay sa patuloy na pakikipag-usap kay Purisima noong mga panahong ‘yun,” he added.