The 84 respondents in the direct assault with murder and theft cases in connection with the January 25, 2015 Mamasapano clash failed to show up in the second preliminary investigation at the Department of Justice (DOJ).
During Thursday’s preliminary investigation, Atty. Carlos Valdez appeared on behalf of alleged 118 Moro Islamic Liberation Front (MILF) Base Command commander Pendatun Utek Makakua while Atty. Ronald Torres appeared on behalf of Mustapah Tatak and Lakiman Dawaling.
READ: Mamasapano final report released; no more charges
The three respondents submitted their counter-affidavits denying allegations that they participated in the clash.
“I am a poor man and I have no way of going to Manila due to my hard life,” Makakua said in his affidavit.
He also submitted a certification signed by Abdulwahid Tunduk, MILF 118th Base Command certifying that he is not one of their members.
On the other hand, three other respondents asked the DOJ for a copy of the complaint before submitting their counter-affidavit.
Meanwhile, the DOJ panel of prosecutor led by Senior Assistant State Prosecutor Roseanne Balauag has submitted for resolution the case against the 84 respondents for their failure to appear and communicate with the DOJ.
READ: Special team recommends filing of slay raps vs MILF, BIFF men
The next preliminary investigation is scheduled on January 14.
The complaint against the 90 individuals covers only the death of 35 members of the 55th SAF company that engaged MILF and BIFF fighters and PAGs in the cornfields of Brgy. Tukanalipao.
READ: DOJ report: Slay raps vs 90 MILF, BIFF rebels
The 90 individuals were accused of acting “in conspiracy with one another to attack, employ force, seriously intimidate or resist the 35 SAF commandos, who were uniformed police officers and, thus persons in authority.” CDG