Felicitas Nacino, mother of slain PO2 Nicky Nacino, breaks down as she urges Ombudsman Conchita Carpio Morales not to be “selective.” Photo: Vince F. Nonato.
“The SAF 44 were there due to the defective orders of a defective President, Respondent Aquino. He is thus the proximate cause [of their deaths].”
This was the argument of the relatives of the Special Action Forces commandos killed in the Jan. 25, 2015 Mamasapano clash, as they appealed the Ombudsman’s dismissal of the reckless imprudence complaint against former President Benigno Simeon Aquino III.
The bereaved relatives, together with the Volunteers Against Crime and Corruption, appealed on Wednesday the July 14 resolution, which approved Aquino’s indictment only for graft and usurpation of authority without directly holding him liable for the deaths.
Ombudsman Conchita Carpio Morales only found basis to charge Aquino for allowing his close friend, then-Philippine National Police Director-General Alan Purisima, to take the reins of the so-called Oplan Exodus, despite being suspended at the time pending a graft investigation.
In a 15-page motion for reconsideration, the complainants insisted there was probable cause to pursue charges for 44 counts of reckless imprudence resulting in homicide, which could carry a penalty totaling 176 years’ imprisonment.
The complainants disagreed with the Ombudsman’s finding that the “proximate legal cause” of the SAF’s deaths was the “intentional act of shooting by hostile forces.”
It explained that “proximate cause” refers to the first act that set off a chain of events that eventually resulted in the deaths.
“Who put the SAF 44 in the line of fire that made them easy targets for the guns of the hostile forces? Definitely not the MILF, the BIFF and the PAGs,” the appeal stated.