Fallen 44

The Mamasapano Fiasco and Questions of Accountability
By: Jordan B. Jalbuna, CPA
While passions are still smouldering, it will not be easy to sort out the
various issues that led to and resulted from the slaughter of 44 Philippine
National Police Special Action Force (PNP-SAF) commandoes in
Maguindanao.1
The Fallen 44 gave rise to a nation who has never been this inquisitive
before since the inception of the Noynoy Aquino administration.
A month after the January 25 incident, a number of investigations
been opened, deliberations on the Bangsamoro Basic Law have been
suspended, and the public has had differing opinions about whether the
government should continue its peace negotiations with the Moro Islamic
Liberation Front.2
President Aquino, meanwhile, took full responsibility for the deaths of the
44 elite SAF. In his second nationally televised address after the tragic
encounter, Aquino said that as Commander-in-chief, he carries the weight of
both the success and tragedy of the anti-terrorist operation.3
Former Senator Atty. Joey Lina Jr. commented that the Presidents view is in
line with the doctrine of qualified political agency which recognizes the
establishment of a single executive and states that all executive and
administrative organizations are adjuncts of the Executive Department, the
heads of the various executive departments are assistants and agents of the
Chief Executive the multifarious executive and administrative functions of
the Chief Executive are performed by and through the executive
1 Greg B. Macabenta, Adlib: The Charge of the Fallen 44. www.bworldonline.com.
February 10, 2015. Accessed February 20, 2015. Available from
http://www.bworldonline.com/content.php?section=Opinion&title=the-charge-of-thefallen-44&id=102500
2 Amita Legaspi, et.al. Infographic: A month after Mamasapano clash, More
questions than answers. www.gmanetwork.com. February 25, 2015. Accessed
February 28, 2015. Available from
http://www.gmanetwork.com/news/story/441914/news/specialreports/infographic-amonth-after-mamasapano-clash-more-questions-than-answers
3 Camille Diola. Aquino accepts responsibility for 44 Fallen SAF men.
www.philstar.com. February 6, 2015. Accessed February 28, 2015. Available from
http://www.philstar.com:8080/headlines/2015/02/06/1420896/aquino-acceptsresponsibility-44-fallen-saf-men
departments, and the acts of the secretaries of such departments,

performed and promulgated in the regular course of business, are, unless
disapproved or reprobated by the Chief Executive, presumptively the acts of
the Chief Executive. Under this doctrine, the PNP is an adjunct of the
executive department.4
Fury to the President

There is so much anger towards the President. Greg Macabenta, a
newspaper columnist, cited several reasons for this:
First was his delayed reaction to and condemnation of the
carnage. Second was his attempt to ward
off accountability for the
debacle and seeming attempt to pass on the blame to subordinates. Third
was the
unofficial involvement of suspended PNP head Alan Purisima.
Fourth was their decision to keep the
PNP Officer-in-Charge Leonardo
Espina and Interior Secretary Mar Roxas out of the loop.
Fifth was Aquinos equivocation over the accountability of the
MILF. Sixth was his inexplicable
decision not to meet the remains of the
fallen troopers when they arrived at Villamor Air Base.5
Senator Miriam Defensor Santiago corroborated this, saying that

anyone who thinks PNoy should assume command responsibility as
commander-in-chief of the military and the AFP may file a complaint in the
International Criminal Court. She said that under the ICC Rome Charter,
the military commander or person is criminally liable if he either knew or
should have known that his forces were about to commit such crimes and
the military commander or person failed to take all necessary and
reasonable measures to suppress the commission of the crime.
Senate President Franklin Drilon, however, said the Rome Statute was
inapplicable in the case of the Mamasapano incident as the SAF was there
to serve a warrant of arrest and not to commit any crime.6
4 Atty. Joey Lina Jr. Mamasapano debacle: Who can be accountable?
www.mb.com.ph. February 23, 2015. Accessed March 1, 2015. Available from
http://www.mb.com.ph/mamasapano-debacle-who-can-be-accountable/
5 Supra. Note 1
Senator Francis Escudero, albeit noting that resigned police chief should
not have been involved, believes that PNoy may not be held responsible for
the clash.7 The Senator said in a briefing that nothing in the Revised Penal
Code says that one would be liable if you speak to or ask questions of the
wrong person.8
Senator Grace Poe echoed Escuderos observation that resigned police chief
Alan Purisima gave Aquino inaccurate information. Purisima told Aquino
that the SAF troopers had artillery and mechanized support from the
military during the morning of the encounter on January 25.9 Meanwhile,
opposition Senator JV Ejercito believes that the PNP and AFP, and the
Cabinet security cluster are trying to cover up for Aquino, pointing out the
inconsistent answer of Purisima as regards when the president knew of the
encounter.10 On the other hand, Senator Ferdinand Marcos Jr. said it
remains unclear whether Aquino should be cleared of liability because it is
still uncertain what exactly were the reports given to him, and who gave
these reports.11
Assuming, if it is really not the President, who and what are to blame for
the deaths of the 44 elite troopers?
Purisima and Alleged Usurpation
The covert operation to take down international terrorist Zulkifli bin
Hir, alias Marwan, by the Philippine National Police Special Action Force
(PNP-SAF) was kept a secret among sacked SAF commander Getulio
Napeas Jr., President Benigno Aquino III and resigned PNP chief Director
General Alan Purisima.12
Napeas Jr. admitted during the Senate probe of the incident that it was
Purisima who gave him the go-signal to push through with the Mamasapano
6 Amita Legaspi. Miriam: PNoy may be held liable for deaths of fallen 44 of SAF
men. www.gmanetwork.com. Accessed February 28, 2015. Available from
http://www.gmanetwork.com/news/story/423206/news/nation/miriam-pnoy-may-beheld-liable-for-deaths-of-fallen-44-saf-men
7 Ryan Chua. PNoy not liable for Mamasapano clash. www.abs-cbnnews.com.
February 26, 2015. Accessed February 28, 2015. Available from http://www.abscbnnews.com/nation/02/26/15/chiz-pnoy-not-liable-mamasapano-bloodbath
8 Ibid.
9 Ibid.
10 Ibid.
11 Ibid.
operation on January 23 to 26.13 He also admitted that it was Purisima who

told him to keep Secretaries Mar Roxas and Voltaire Gazmin in the dark on
the Mamapasano operation.14
Meanwhile, Purisima denied this during the Senate investigation on the
incident, claiming that he did not give the order but only provided advice.15
Notably, Purisima allegedly gave these orders while he was suspended by
the Ombudsman over graft charges. Purisima has been under suspension
since December 2014.
With this, Senator Franklin Drilon believes that Purisima, could be
charged with usurpation of authority for playing an active role in the
operation despite his suspension.16 This was also the opinion of Ombudsman
Conchita Carpio-Morales who confirmed that it is conducting its own
investigation into the Mamasapano clash, with the focus of the involvement
of Purisima in the botched operation.17
Senator Escudero disagrees that Purisima could be charged of usurpation of
authority. He noted that the latter was suspended only as a PNP Chief and
not from the police force itself. He added that during the incident, Purisima
remained a suspended policeman with four stars on his shoulder.18
Bypassed?
12 Nestor Corrales. Napeas tells Cabinet officials he coordinated with Purisima,
Aquino. www.newsinfo.inquirer.net. February 28, 2015. Accessed March 1, 2015.
Available from http://newsinfo.inquirer.net/675962/napenas-tells-cabinet-officials-hecoordinated-with-purisima-aquino.
13 Amita O. Legaspi. Napeas admits Purisima gave go-signal on Mamasapano
operation. www.gmanetwork.com. February 23, 2015. Accessed February 28, 2015.
Available from
http://www.gmanetwork.com/news/story/441880/news/nation/napenas-admitspurisima-gave-go-signal-on-mamasapano-operation
14 Ibid.
15 Ibid.
16 Supra. Note 7
17 Ombudsman Morales: Purisima may face usurpation raps.
www.gmanetwork.com. February 11, 2015. Accessed February 28, 2015. Available
from http://www.gmanetwork.com/news/story/433370/news/nation/ombudsmanmorales-purisima-may-face-usurpation-raps
18 Supra. Note 7
Another question popped out of the incident, on whether or not DILG

Sec. Mar Roxas can be passed by the PNP Chief for a direct communication
with the president. Was there a violation of the chain of command?
Magdalo Rep. Gary Alejano said in a press conference that even an
advice from a higher officer becomes an order. And Napeas did not follow
a legal order if he took the order (which Purisima claimed to be just an
advice) from a suspended police chief. Alejanos view was supported by Sulu
Representative Tupay Loong, saying that Purisima directly advising is a
violation of the chain of command.19
Some espouse the view that the PNP chief can bypass the DILG secretary
and report directly to the President as commander-in-chief, just like the
Armed Forces Chief of Staff can bypass the secretary of Defense and deal
directly with the commander-in-chief. Another view claims there is no chainof-command in the PNP, unlike in the military, due to its civilian character.20
Former Senator Lina Jr. stressed that there is a line of authority in the PNP
that extends beyond the PNP chief all the way up to include the DILG
Secretary who is the alter ego of the President and is chairman of the
Napolcom, which has administrative control over the PNP and is tasked by
law to advise the President on all matters involving police functions and
administration.21
Who pulled the trigger?
Those who pulled the trigger and killed our police who where just
doing their jobs must be held liable and brought to justice.22
Beyond the issues on lapses on leadership and failed coordination amongst
military and government leaders, the people, who are reportedly Moro
Islamic Liberation Front members, Bangsamoro Islamic Freedom Fighters,
and some members of private armies, are ultimately the ones to be held
accountable for the deaths of the 44 elite troopers, 18 MILF members, and
at least five civilians.
19 Marc Jason Cayabyab. Purisima broke chain of command in Mamasapano

operation 2 solons. www.newsinfo.inquirer.net. February 10, 2015. Accessed
February 27, 2015. Accessed from http://newsinfo.inquirer.net/671989/purisimabroke-chain-of-command-in-mamasapano-operation-2-solons
20 Supra. Note 4
21 Supra. Note 4
22 Supra. Note 7
Despite claims that their combatants only acted in self-defense when

they were fired by the SAF troopers23, videos which went viral in the
internet, showed some SAF commandoes did not suffer legal wounds but
were still finished off and shot at close range. The killings were not an act of
war but cold-blooded murder.24
Indubitably, the deaths of the SAF commandoes were part of the price of
armed conflict. However, one thing is for sure: retribution should be
demanded by justice against those who denied children of their fathers,
wives of their husband, parents of their sons, comrades of other comrades,
and a country of courageous heroes.
23 Jaafar: MILF only acted in self-defense. www.anc.yahoo.com. February 21,

2015. Accessed March 1, 2015.Available from
http://newsinfo.inquirer.net/671989/purisima-broke-chain-of-command-inmamasapano-operation-2-solons
24 Supra. Note 1

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The Mamasapano Fiasco and Questions of Accountability

By: Jordan B. Jalbuna, CPA

departments, and the acts of the secretaries of such departments,

Fury to the President

Senator Miriam Defensor Santiago corroborated this, saying that

operation on January 23 to 26.13 He also admitted that it was Purisima who

Another question popped out of the incident, on whether or not DILG

19 Marc Jason Cayabyab. Purisima broke chain of command in Mamasapano

Despite claims that their combatants only acted in self-defense when

23 Jaafar: MILF only acted in self-defense. www.anc.yahoo.com. February 21,

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