SC affirms dismissal of reckless imprudence resulting in homicide raps vs Aquino, others over Mamasapano

(Eagle News)–The Supreme Court has affirmed the Ombudsman’s dismissal of the charges for reckless imprudence resulting in homicide against former President Benigno Aquino III and two others over the Mamasapano incident in 2015.

In dismissing the petition for certiorari filed by the Volunteers Against Crime and Corruption, the SC, voting 15-0, ruled she did not commit grave abuse of discretion amounting to lack or excess of jurisdiction when the Ombudsman, then led by Conchita Carpio-Morales,  junked the complaints for 44 counts of reckless imprudence resulting in multiple homicide filed also against former Philippine National Police Chief Alan Purisima and former Special Action Force chief Getulio Napeñas.

Despite the Ombudsman’s dismissal of the charges in 2017, it found probable cause to indict Aquino’s group for graft and usurpation of authority.

But the Ombudsman, now led by Samuel Martires, moved to withdraw the charges before the Sandiganbayan in June.

The Sandiganbayan has already dropped the charges  but said this was “without prejudice to the filing of the appropriate charges against him.”

During the botched Mamasapano operation, 44 SAF members who were out to serve a warrant of arrest against terrorist Zulfikli Bin Hir were killed in a shootout with  members of the Bangsamoro Islamic Freedom Fighters, and the Moro Islamic Liberation Front.

 

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