‘President could have done more’

OPENING STATEMENT

Office of Sen. Grace Poe

Senator Grace Poe

After five public hearings, five executive sessions, and 73 hours of full discussion attended by 37 resource persons, and more than 4,300 documents, the Committees were able to ferret out answers to burning questions on the Mamasapano incident. But the inquiry has also provoked more thought on our values and priorities as a people.

Ang iniatang sa aming tungkuling ito ay ginawa namin nang may buong pagsusumikap na mailahad ang katotohanan—nang walang sinasanto at kinatatakutan—sa pagkalap ng mga ebidensiya, sa pinakamaagap na panahon, dahil alam ko gusto na ninyo ng kasagutan, ayon sa panawagan ng hustisya. Hindi ito nararapat patagalin pa.

Para sa bansa, para sa bawat Pilipino, para sa inyo, para sa bawat naulila at sa kanilang mga supling na hindi na muling masisilayan ang kanilang mga bayaning ama—ang report na ito ay matapat at marubdob naming isinulat.

Should Oplan Exodus be considered a failure or a success? The Mamasapano operation resulted in the neutralization of one of the targets—terrorist Zulkifli bin Hir aka Marwan—but at the cost of 44 SAF commandoes. Should the government prioritize neutralizing high value targets over the safety of our troops?

What should be the policy regarding US (or any other foreign entity) involvement in our local law enforcement operations?

If achieving peace in Mindanao is the priority, should we overlook the inadequacies of our partner in this process, the MILF, such as their lack of control over their ground forces and their disrespect for legitimate government operations?

Katarungan. Katotohanan. Kapayapaan. Ito ang naging layunin at gabay ng mga Senate Committee sa ating mga naging imbestigasyon ukol sa naganap sa Mamasapano, Maguindanao noong January 25, 2015. Ito rin ang hangarin sa paghanda ng aming committee report. Malinaw ang intensiyon ng komite sa ating naging mga pagdinig, at inaasahan ang ganito ring kalinawan sa paghahanda ng ating ulat.

The joint Senate committees, consisting of the (1) public order, (2) peace, unification and reconciliation, and (3) finance committees, have started to route the over 120-page committee report on the tragic Mamasapano incident to senators today (March 17).

Let us not forget also, that the main purpose of these hearings are for legislative guidance and functions.

This committee report highlights the following major findings:

1.   The Mamasapano incident is clearly a “massacre,” not simply a so-called “encounter” or “misencounter.”

2.   The concerned members of the MILF, BIFF, and other armed groups murdered and robbed the 44 PNP-SAF commandos.

3.   Former PNP Chief Alan Purisima committed “usurpation of authority or official functions,” violating Article 177 of the Revised Penal Code, and Section 36(b)(4) of PD 807 (The Civil Service Code).

In addition, an administrative complaint may be filed with the Ombudsman against Purisima for “grave misconduct” and “conduct prejudicial to the best interest of the service.” (Revised Rules on Administrative Cases in Civil Service.)

A petition to cite him in contempt may also be filed in the Ombudsman.

4.   Ex-SAF Chief Getulio Napenas committed “grave misconduct, inefficiency and incompetence in the performance of official duties and for conduct prejudicial to the best interest of service” under the Revised Rules on Administrative Cases in Civil Service.

5.   As to the President, he is ultimately responsible for the outcome of the Mamasapano mission.

Siya na po ang nagsabi noon, bilang Pangulo at Commander-in-Chief, “pasan ko naman po ang responsibilidad para sa anumang resulta, sa anumang tagumpay, pasakit o trahedya na maaari nating matamasa sa paghahangad ng pangmatagalang seguridad at kapayapaan.”

He assented to Purisima’s unlawful exercise of official functions, particularly the latter’s “usurpation of authority or official functions.” The President relied on and directly coordinated with the suspended PNP Chief, as it was shown that he continued to communicate with the latter on Oplan Exodus, based on testimonies and evidence presented in the public hearings.

6.   Likewise, there are indications that the planning and execution of the botched mission were not 100-percent Filipino-planned and implemented. US personnel played a role in the training for and monitoring of the said operation.

The Committees found that the United States substantially invested in the entirety of Oplan Exodus. They provided equipment, training and intelligence. However, this raises the question of whether the PNP leadership would have entered into such a risky and hazardous operation without the support of the United States and the $5 million reward offered for Marwan’s capture.

Call to the President

It is imperative that the President display unquestionable leadership, be forthright and candid with our people, accept the responsibility for decisions made, and mistakes perhaps, along the way. Nobody is infallible.

The President and other high-ranking government officials, could have done more under the circumstances to prevent or minimize the number of deaths that jolted the nation.

Maaring meron pa sana silang ginawa at yun po ang pinag-aaralan namin at pinag-aralan namin para hindi na maulit muli and ganitong klaseng trahedya.

Had the President and key security officials who were with him in Zamboanga City namely: Secretary Mar Roxas, Secretary Voltaire Gazmin, OIC Chief Espina, and also general Catapang, discussed the incident and shared information clearly and openly in the early stages of the tragic day, coordination between the Army and the PNP might have been hastened and fewer lives could have been lost.

Since he was familiar with the plan, the President might have stepped in and displayed stronger positioning leadership regarding the rescue operations if he was given the proper information.  In police and military operations, decisions are made by ground commanders. And this is clear, even in the BOI report, that the ground commander has the ultimate responsibility. However, in that instance, strong interagency coordination could have been easily ordered by the President. In his defense, the President said he was given inaccurate information, and I think we were able to validate that also with the texts made available to us. Even the President himself was asking, “if you say that there were only this many unfriendly forces or enemies, why are we retreating if we are not outnumbered? These are some of the legitimate questions that the President was not given information to. He was also led to believe that there was coordination with the AFP.

As Commander-in-Chief of the Armed Forces, the President wields great power and has vast resources at his disposal. The decision of the President and his men not to use those resources immediately to prevent the carnage must be explained.

The Pursuit of Justice and Peace

The peace that we seek must be based on justice, where the rule of law reigns supreme, and where violators are brought before the bar of justice. The blood and heroism of the SAF 44 must not be dis-honored. Our people will accept no less.

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