The Sandiganbayan’s Third Division would handle the graft and usurpation of authority charges filed by Office of the Ombudsman against former President Benigno S. Aquino III in connection with the 2015 Mamasapano incident.
The Sandiganbayan Third Division is chaired by Presiding Justice Amparo Cabotaje-Tang, who was appointed by Aquino himself.
According to Sandiganbayan Third Division clerk of court Dennis Pulma, by procedure, Aquino cannot post bail until the court finds probable cause in the complaint and issues the arrest order.
Last Wednesday, the Office of Ombudsman has filed graft and usurpation of authority charges against Aquino before the Sandiganbayan for the bungled operation of the Philippine National Police-Special Action Forces (PNP-SAF) at Tuknalipao, Mamasapano in Maguindanao last January 25, 2015.
Specifically, Ombudsman Conchita Carpio-Morales, an Aquino appointee, charged the former Chief Executive with violation of Section 3(a) of Republic Act 3109 or the Anti-Graft and Corrupt Practices Act and Article 177 of the Revised Penal Code (RPC), the provision on the usurpation of official functions.
The anti-graft body set the bail to P40,000 – P30,000 for the graft charge and P10,000 for the usurpation of authority charge.
Aquino was accused of conspiring with former PNP chief Alan Purisima, who was then under preventive suspension, and PNP-SAF chief Getulio Napeñas in implementing Oplan Exodus, which targeted terrorist Zulkifli bin Hir, alias Marwan.
Aquino case goes to Sandigan 3rd division chaired by Presiding Justice Amparo Tang (seated, in white). Photo by Nikko Dizon
The covert operation led to the death of 44 PNP-SAF commandos, who would later be remembered as SAF 44.
According to the charge sheet, Aquino “did there and then willfully, unlawfully cause Purisima to perform and/or exercise the function of the chief of the PNP over Oplan Exodus prior to and during its implementation […] despite having knowledge that Purisima was under preventive suspension.” /kga