Poe: The buck stops with President

DRAFT SENATE REPORT ON MAMASAPANO Sen. Grace Poe, chair of the Senate committee on public order, shares with the media a summary of the findings of the Senate probe into the Mamasapano tragedy. At press time 10 senators had signed the report. JOAN BONDOC

MANILA, Philippines–President Aquino should own up to his political liability over the botched Jan. 25 Mamasapano operations, Sen. Grace Poe said on Tuesday.

In a news conference, Poe presented her draft report on the Senate’s joint committee hearings into the slaughter of 44 Special Action Force (SAF) commandos in Maguindanao province.

“The President, as they said, the buck stops with him. If he can own up to it, I’m sure the people will be less confused, others will much appreciate it,” said Poe, a close ally of Aquino.

When asked if the President should apologize since his liability was political, she said: “Any leader, particularly when there are mistakes, should own up to it. The buck stops with him. Not just the President, any President.”

The report found that the President gave assent to and failed to prevent then suspended Philippine National Police Director General (PDG) Alan Purisima’s “unlawful exercise of official functions” of the project called “Oplan Exodus.”

For this, Aquino was “ultimately responsible” for the outcome of the Mamasapano mission and must “bear responsibility” for the carnage.

“It was imperative that the President display unquestionable leadership, be forthright and candid with our people, accept the responsibility for decisions made, and mistakes perhaps, along the way,” Poe said. “Nobody is infallible.”

She said that Aquino and other high-ranking officials could have done more to prevent or minimize the number of deaths of the police commandos.

10 senators signed report

Poe said that she was circulating to senators for their signature and comments the draft report of the Senate committees on public order and dangerous drugs; peace unification and reconciliation; and finance, and that some have expressed willingness to sign it since Monday. She said that she would submit a supplement to the committee report depending on the inputs of other senator-members.

She also said that the committee report would have to be tackled on the floor, at the latest, in May when Congress resumes its sessions. Congress is set to adjourn this week in observance of Holy Week.

At press time on Tuesday night, 10 senators had signed the report.

The seven-page executive summary of the draft joint committee report was based on testimonies of 37 resource persons who attended five public hearings and five executive sessions as well as documents consisting of 4,300 pages.

It spelled out the liabilities of the personalities involved in the operations but left to government prosecutors to determine their “conclusive liability.”

Except for President Aquino, the draft committee report pointed out administrative and criminal liabilities for Purisima, sacked SAF commander Getulio Napeñas Jr. and the Moro Islamic Liberation Front (MILF).

It was a massacre

The report said the Mamasapano incident was “clearly a massacre, not simply a so-called encounter or misencounter; the MILF and other armed groups murdered and robbed the 44 SAF members and that there were indications that the planning and execution of Oplan Exodus were not 100 percent Filipino-planned and implemented.”

On Aquino’s liability, the executive summary said that “the President must bear responsibility for giving assent to and failing to prevent the unlawful exercise of official functions by PDG Purisima in connection with Oplan Exodus.”

It said that it was “beyond doubt” that the President was aware that Purisima was preventively suspended by the Ombudsman on Dec. 4 last year and that Deputy Director General Leonardo Espina was the PNP officer in charge.

But Aquino allowed Purisima to join the briefing on Oplan Exodus on Jan. 9; instructed Purisima to coordinate the mission with the military; that Purisima “communicated exclusively” with the President on the day of the mission and was given instructions when Aquino texted Purisima that Basit Usman should not get away.

Immunity from suit

The report based this on Aquino’s public pronouncements, Poe said.

“The foregoing shows that the President knew that PDG Purisima was exercising official functions despite the latter’s preventive suspension, and did nothing to prevent it. The President assented to PDG Purisima’s unlawful exercise of official functions, and continued to communicate with PDG Purisima in regard the Oplan Exodus,” the summary said.

Pressed on the President’s liability, Poe said Aquino could not be prosecuted in court as he has immunity from suit. But he can be held accountable through an impeachment process.

She did not want to comment on the prospect of President Aquino being impeached, adding that she will be among senators sitting as judge in the impeachment court.

MILF members involved in the carnage should be charged with murder, frustrated murder and robbery in their individual capacities, just like common criminals, Poe said.

The SAF commandos were not only brutally killed, their personal belongings were taken as well, Poe said.

“Given that the MILF has declared that the actions of its fighters were not sanctioned by their organization, and were committed in their private individual capacities, the MILF fighters involved in the incident should be charged in their individual and personal capacities as common criminals,” she said in her report.

Indirect contempt

According to Poe, Purisima could also be held in indirect contempt by the Ombudsman for “disobedience of or resistance to a lawful writ, process or order.”

On Jan. 8, a day before the meeting in Malacañang to brief the President on Oplan Exodus, Purisima sent a text message to Aquino asking what time would be convenient for Purisima to brief him about the Mamasapano operation.

The President replied that he would be available the following day after he arrives from Romblon province. The meeting took place on Jan. 9 with the President, Purisima and Napeñas present.

“Being on preventive suspension, Purisima should not have been at this meeting, where a highly classified police operation was being discussed. The President should have excluded Purisima from this meeting,” Poe said.

In the case of Napeñas, Poe said he was administratively liable for grave misconduct for directly coordinating with and reporting to the suspended Purisima, thus breaking the chain of command.

The poor planning and execution of Oplan Exodus, as well as the failure to coordinate with the military, also makes Napeñas administratively liable for “inefficiency and incompetence in the performance of official duties for conduct prejudicial to the best interest of the service.”

Poe described the Mamasapano incident as a “massacre,” and found that the SAF troopers were brutally treated. Bullet trajectories showed that they were shot as they lay on the ground. One skull was so severely injured that the exit point could no longer be determined.

“Clearly, there was no intent to let these men live,” she said.

Poe noted that the MILF had yet to return all of the arms and personal effects that its members took from the SAF commandos.

The group has also not committed to the submission of its investigation report on the Mamasapano incident to the government. There also remain doubts about their alleged ties to terror suspects.

Harboring criminals?

“There’s still the question of whether they harbored criminals in their territory,” she said, adding that such a matter was worth looking into.

They need to do more to show their commitment to the peace process, she further said. “Right now it seems like they need to prove themselves.”

Promising to submit its investigation report to the government and not just Malaysia is one step it could take, she added.

Sen. Ralph Recto praised Poe’s report, saying his initial impression was it was “fair, perceptive and judicious.” Recto also said it complements the PNP board of inquiry report.

“Combined, the two give us a good picture of what really happened and the road map going forward,” he said.

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