Purisima, Napeñas found criminally liable

Relieved PNP SAF Chief Supt. Getulio Napenas and former PNP chief Alan Purisima during the Senate Committee on Public Order and Dangerous Drugs hearing on the January 25,2015 Mamasapano, Maguindanao alleged “misencounter” where 44 PNP SAF members were killed by MILF and BIFF rebels.
INQUIRER PHOTO/RAFFY LERMA

THE OMBUDSMAN found two former officials of the Philippine National Police criminally liable for the botched antiterrorist operation in January 2015, that has become known as the Mamasapano massacre.

Ombudsman Conchita Carpio Morales on Tuesday said that former PNP Chief Director General Alan Purisima and former Special Action Force (SAF) chief Director Getulio Napeñas will be criminally charged with graft and usurpation of authority for planning and carrying out the Mamasapano operation without the knowledge and approval of then PNP officer in charge (OIC) Deputy Director General Leonardo Espina.

The operation, which targeted wanted terrorists Zulkifli bin Hir, alias Marwan, and Basit Usman, resulted in a bloody clash between some 200 SAF commandos and rebels from the Moro Islamic Liberation Front (MILF) in Mamasapano, Maguindanao province, on Jan. 25, 2015.

Forty-four SAF commandos, 17 MILF rebels and five civilians were killed and scores wounded in the daylong clash.

Oplan Exodus

The Ombudsman said Purisima was liable for usurping official functions and violating the chain of command when he actively participated in the planning and execution of Oplan Exodus, despite being under preventive suspension from January to June 2015 for an anomalous courier contract.

Napeñas, on the other hand, was found liable for taking orders from Purisima without the knowledge of the PNP OIC, Espina.

Morales said the two also violated a provision in Republic Act No. 3019 that prohibits a public officer from persuading or influencing another officer to “perform an act constituting a violation of rules or regulations.”

The Ombudsman said Purisima and Napeñas were administratively liable for grave misconduct, gross neglect of duty and conduct prejudicial to the best interest of the service, charges that resulted in their being perpetually disqualified from government service and forfeiting their retirement benefits.

Purisima was dismissed from the service in June 2015, while Napeñas retired in July 2015 at the height of the controversy that eventually derailed the Bangsamoro Basic Law peace deal with the MILF.

Napeñas is now running for the Senate under the slate of Vice President Jejomar Binay.

Morales meanwhile cleared of liability nine other SAF officials, namely Fernando Mendez Jr., Noli Taliño, Richard dela Rosa, Edgar Monsalve, Abraham Abayari, Raymund Agustin Train, Michael John Mangahis, Rey Ariño and Recaredo Marasigan.

No authority

In her 40-page resolution, the Ombudsman noted that while under suspension, Purisima had “no authority to perform the duties and functions, much less supervise and/or participate in the conceptualization, mission planning and execution of a high-risk police operation.”

“In short, Purisima was sending the unwritten yet visible message that he was (supervising) albeit he was not authorized to act and function as chief PNP,” she said.

Morales added:  “If Purisima had an iota of respect for the PNP chain of command, he should have informed, at the very least,  OIC-PNP chief Espina of the details of Plan Exodus during the turnover of his duties and functions.”

As for Napeñas, Morales said that “taking orders from the suspended Purisima, can be construed as an act in agreement to commit the crime of usurpation of official functions with Purisima.”

Anomalous contract

She dismissed Napeñas’ excuse that he had to follow Purisima since he was President Aquino’s “most trusted man (who) was allowed by the President to participate in the planning and execution of (the Oplan).”

According to the Ombudsman’s investigation, the SAF presented Purisima in November 2014 a plan targeting Malaysian bomb expert Marwan, who was believed to have been killed in the Mamasapano operation.

But Purisima was suspended by the Ombudsman the following month over an anomalous service contract involving the delivery of firearms permit by courier.

“Despite his preventive suspension, Purisima and Napeñas coordinated a top level meeting with officers of the Armed Forces of the Philippine relative to Oplan Exodus,” Morales said.

Purisima and Napeñas briefed President Aquino on Jan. 9, 2015, about the operation, according to the Ombudsman’s investigation.  Four days later, Napeñas sought Purisima’s approval to launch the operation sometime between Jan. 23 and 26, 2015.

“The records reveal that Purisima gave the intelligence packet to Napeñas and tasked the SAF to conceptualize the Marwan operation. He also directed Napeñas to brief the President regarding Oplan Exodus,” the Ombudsman said.

“(Purisima) approved the final date of operation, constantly received preoperational updates from Napeñas; monitored events, and relayed crucial information to Napeñas during that fateful date, and sought updates on the ground situation,” the report added.