SC gives green light for filing of new charges vs Aquino over ‘SAF 44’ massacre

Once the Sandiganbayan 4th Division allows the withdrawal of Information of Usurpation of Authority against Aquino, new criminal charges may be filed against him.

Since Aquino has not been arraigned, the principle of double jeopardy has not set in, sources said.

The case was formerly with the Supreme Court 1st Division, but the justices have decided to elevate it to the en banc.

The 1st division of the high tribunal on February 2018  issued the TRO against the Ombudsman, Sandiganbayan from indicting and trying Aquino.

In the same en banc ruling, the Supreme Court also stopped the Ombudsman from junking the crime of reckless imprudence resulting in multiple homicide against former PNP Chief Allan Purisima and Special Action Force (SAF) Director Getulio Napenas.

President Rodrigo Duterte himself slammed Morales for the “slap on the wrist” charges when it filed the case of Usurpation of Authority against Aquino for the death of the “SAF 44” and dismissed the charges of reckless imprudence resulting in multiple homicide.

He said that it was a “silly” charge against Aquino which seemed to have been designed to fail in court.

Aquino had consulted then suspended PNP chief Purisima about the execution of “Oplan Exodus,”  the operation against Malaysian bomb maker Zulkifli Bin-hir alias Marwan and Filipino bandit leader Basit Usman on Jan. 25, 2015.

The operation neutralized Marwan but also resulted in an encounter with members of the Moro Islamic Liberation Front and the Bangsamoro Islamic Freedom Fighters. Forty-four SAF troopers died as they were moving out of the area. Eighteen Moro fighters and five civilians also died in the encounter.

Aside from the TRO, the high court also ordered “to implead the Sandiganbayan as party respondent in these cases.”

“The Sandiganbayan are hereby Enjoined from proceeding with the Arraignment of private respondents in these cases” the document reads.