VACC filed a 15-page motion, stating that the Office of the Ombudsman has disregarded jurisprudence when it found no probable reason to charge homicide against ex-President Aquino and just settled on charges of graft and usurpation of authority.
The VACC argued that the Senate committee report, counter-affidavits, and testimonies of witnesses showed that Aquino was very much aware of the operation to pursue the wanted terrorist Zulkifli Bin Hir alias Marwan.
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"Finding of probable cause needs only to rest on evidence showing that more likely than not a crime has been committed.. Probable cause need not to be based on clear and convincing evidence of guilt, neither on evidence establishing guilt beyond reasonable doubt and definitely, not on evidence establishing absolute certainty of guilt," the VACC motion stated.
VACC founding chairman and legal counsel Ferdinand Topacio led the filing of the motion, along with five of the 44 families of the Special Action Force commandos that were killed in the Mamasapanao massacre in 2015.
In an interview, Topacio said that the current charges of graft and usurpation of authority are not enough to compensate the lives of the 44 slain SAF members during their pursuit of international terrorist Marwan together with around 350 other SAF members in an operation in the midnight of January 25, 2015.
"Para sa amin, hindi karapat-dapat 'yung graft because buhay po ang nawala dito. 44 lives were lost. How can you equate the lives of 44 sa graft? Hindi naman po pagnanakaw lamang sa kaban ng bayan, although that is already a big enough crime. Symbolically, hindi po makatarungan 'yan," Topacio said.
"Pangalawa po, hindi po commensurate 'yung penalty ng graft case sa 44 lives na ninakaw po ni Pangulong Aquino," Topacio added.
The motion filed by VACC to the Office of the Ombudsman also states to change the charges to murder for alleged involved former Philippine National Police chief Alan Purisima and former Special Action Force chief director Getulio Napenas.
In can be remembered that the Office of the Ombudsman originally filed charges of graft and usurpation of authority against Aquino, Napenas, and Purisima for pushing through with an allegedly flawed operation against Marwan.
Meanwhile, Jimenez and Topacio claimed that Ombudsman Morales is protecting Aquino who appointed her to position in 2011.
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| Photo from Inquirer |
"Gusto niya ipakita na kuno-kuno hindi siya biased by signing these cases. Akala niya malilinlang niya ang taong bayan. This is an ingenious attempt to have the best of both worlds," Jimenez added.
"We don't want her to just inhibit, we want her to resign because this is shameful. Most shameful," Topacio stated, in addition to Jimenez's statement.
Source: GMA News
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