THE cases against former President Rodrigo Duterte over the botched 2015 Mamasapano operation that lead to the death of 44 elite policemen was weak, Justice Secretary Vitaliano Aguirre II said Wednesday.
The Office of the Ombudsman last week filed cases against Aquino for usurpation of authority under Article 177 of the Revised Penal Code and violation of Section 3 (a) of the Anti-Graft and Corrupt Practices Act.
The case for reckless imprudence resulting to homicide filed against Aquino was dismissed.
In a chance interview at the Department of Justice, Aguirre said these cases are weak and are both bailable offenses.
"Masyadong maliit nga 'yun. As a matter of fact, we know that those are bailable cases with imprisonment of probably less than six years," Aguirre said.
Aguirre, however, refused to answer directly when asked what cases should have been filed against the former President.
"I have not yet read the resolution of the Ombudsman. What I can only say is that by and large, the findings of fact of the Ombudsman are accurate. But when it comes to the application of these findings as to what cases really should be filed, I am not in the position to comment on that," the Justice Secretary said.
Aside from Aquino, also previously charged with the same violations before the Sandiganbayan are former Philippine National Police chief Alan Purisima and former PNP-SAF director Getulio Napeñas Jr.
Aguirre, who was the former lawyer of Napeñas, said the Ombudsman's findings that made Aquino liable for ordering Purisima to lead the operation amid his suspension vindicated his client.
"That was exactly his defense, that the liability was with the higher officials and he was only following their orders," Aguirre said.
Purisima and Napeñas were charged before the Sandiganbayan by Ombudsman on January 17 last year for their roles in the botched Mamasapano anti-terror operation aimed to arrest international terrorist Zulkifli Abdhr, alias Marwan. (VoxPop Philippines)
