Department of Justice. INQUIRER FILE PHOTO
The Department of Justice (DOJ) on Monday ordered the filing of the complex crime of direct assault with murder against five commanders and members of the Moro Islamic Liberation Front (MILF), Bangsamoro Islamic Freedom Fighters (BIFF) and private armed groups (PAGs) for the deaths of the 35 of 44 members of the elite Special Action Force (SAF) who were killed in Mamasapano, Maguindanao last year.
In a 55-page resolution, charged with direct assault with murder are Commanders Abdulrahman Abdulrakman Upan, Rakman (118TH MILF), Refy Guiaman, Anife and Haumves alias Haves, operation commander of the 105th MILF Base Command and 83 others.
READ: SAF killings: 90 slapped with murder raps
The DOJ panel upheld the testimony of eyewitness “Marathon” and 11 others who positively identified the accused.
“We find the statements of the witnesses communicated a credible account on the occurrences they perceived on that indelible day of Jan. 25, 2015. Their categorical statements augur well for a finding of probable cause for direct assault with murder,” the DOJ resolution stated.
Aside from the five commanders, others charged were Abdul Wahab, Maroks Nanding, Muslimin Gumanding Amilil aka Moslimen Amilil, Repi Gugu aka Riffi Gugu aka Riffi, Ustads Manan Saluwang, Abdul Wahab Kamsa, Aladin Sakal, Alex Ampatuan, Aljun Baklayan, Benjie Ampatuan, Bitol Guiaman, Boden Hadji Mao aka Sahabudin Kedza, Borgo Kasan, Borgo Kasnan,Hadji Abdulsalam, Hadji Mohammad aka Hadji Muhammad, Khalim Keda aka Kalem Keda, Kommedo Galib, Monnie B. Samal aka Manny Samal, Mustapha I. Tatak, Nasri Salik, Nasser Adam, Rixback Tongan, Roland Samal aka Blackmoro Sapal, Saiden Laguilom, Samantin Upam, Samsudin Alis Samsudin Salik, Samsudin Upam, Saudi Upam ala Sandi Upam, Sonny Pende, Toto Guiaman, Toto Sakal, Ustads Galib Rugioman, Waldo Hadji Abubakar, alias Campar, alias Gapor, alias Labnan Abu Halil, Abu Rusta, Badrudin Minidal Abdullah, Ben Tikaw, Datukan Sato Sabiwang Guibar Amil Diya aka Jabar, Hud Lamban Abdullah aka Hud Amilil, Kagi Abdul Salam, Kamar Duma, Kambal Sabpa, Lakiman Klid Dawaling, Makku Tikaw aka Maku, Mahmod Pidtub Amilil, Marops Kudos Omar aka Marup, Mer Amilil, Mohammad Ali Tambako, Morsid Awab, Muhamidin Abas Sinsuat, Musa Awab, Musib Kamot Hasim, Noel Sinsuat Ganoy, Pendatun Utek Makakua aka Otik Pendatun aka Otik Pindatun, Rasul Mendo aka Rasul Animbang aka Bisaya, Salik Kikok aka Salik Kikuk, Suweb Inday Balabagan, Tamano Esmail Sabpa, Teng Sabpa aka Theng Sabpa, Ustads Madiyan, Abdul Waab Sabpa Gapar Sinsuat, Joel Tatak, Resbak Salindatu, Ustads Gali, alias Diok, alias Johari, alias Juhari, alias Kalirin, alias Kutap, alias Moter, alias Mawiya, alias Ngods, alias Pakki, alias Ramos, alias Saudi, alias Sumba and alias Usah.
“Positive identification of a person being implicated in a crime, when categorical, resounding, consistent and without any ill motive on the part of the eyewitnesses testifying on the matter is given credence. Considering such positive identification of these respondents as direct participants in the commission of the crime of direct assault with murder, they should be indicted,” the DOJ resolution stated.
The witnesses said the 55th Special Action Company (SAC) maintained a defensive perimeter giving the armed men the option to continue the assault or to retreat.
But witnesses said the respondents still continued to fire shots at the SAF troopers despite knowing that they were police officers in a gun battle.
Witnesses said some of the respondents even bragged that the SAF men were no match to their fighting prowess. The troopers, Marathon said, already raised their arms in surrender but the armed men still shot them.
READ: DOJ report: Attackers shot SAF men even with hands up in surrender
Records from the Philippine National Police (PNP) Crime Laboratory Office showed that the victims sustained fatal shots in the neck, trunk, upper chest and lower abdomen with the use of high-powered firearms.
The DOJ, however, dismissed the complaint for theft without prejudice to the refiling of the same. It was remanded to the National Bureau of Investigation (NBI) for further investigation.
The case does not involve the deaths of 9 other SAF troopers in Barangay (village) Pidsandawan, Mamasapano on the same date which pertains to the raid on the hut of terrorist Zulkifli bin Hir aka “Marwan.”
The SAF troopers were on a mission to serve arrest warrants to Marwan and his alleged cohort Abdul Basit Usman.
The resolution was prepared by Senior Assistant State Prosecutors Roseanne Elepaño-Balauag, Rassendell Rex F. Gingoyon, Benito Oliver Sales III, Assistant State Prosecutors Aldrin P. Evangelista and Alexander Suarez. It was approved by Senior Deputy State Prosecutor Richard Anthony Fadullon and Prosecutor General Claro Arellano. RAM/rga