The Department of Justice (DOJ) on Monday approved the filing of complex crime of direct assault with murder against 88 members of the Moro Islamic Liberation Front (MILF), Bangsamoro Islamic Freedom Fighters (BIFF) and private armed groups (PAGs) in connection to the Jan. 25 Mamasapano incident which led to the deaths of 44 members of the Special Action Force (SAF) along with international terrorist Zulkifli bin Hir, a.k.a. Marwan.
In a 55-page resolution, charged for direct assault with
murder are five Commanders Abdulrahman Abdulrakman Upan, Rakman (118TH MILF),
Refy Guiaman, Anife and Haumves alias Haves, operation commander of the 105th
MILF Base Command and 83 others.
The DOJ said the respondents conspired with each other to
engage and assault the PNP-SAF members who were trapped in a cornfield in
Tukanalipao.
“The respondents acted in conspiracy, waited for each other,
encircled the SAF, and shot them from all directions. Testimonial evidence
shows the MILF, BIFF and PAGs knew they were engaging the PNP-SAF as early as
8am,” the resolution said.
The resolution was prepared by Senior Assistant State
Prosecutors Roseanne Elepaño-Balauag, Rassendell Rex F. Gingoyon, Benito Oliver
Sales III, Assistant State Prosecutors Aldrin P. Evangelista and Alexander Suarez.
It was approved by Senior Deputy State Prosecutor Richard Anthony Fadullon and
Prosecutor General Claro Arellano.
The DOJ added that the respondents knew that the SAF members
were persons in authority who were in actual performance of their duties.
“The SAF men were in actual performance of their duty when
assaulted and atrociously killed,” it said.
The respondents were identified by a witness only known by
the code name 'Marathon ' who was currently
under the government’s Witness Protection Program and 11 others who positively
identified the accused.
“We find the statements of the witnesses communicated a
credible account on the occurrences they perceived on that indelible day of
Jan. 25, 2015. Their categorical statements augur well for a finding of probable
cause for direct assault with murder,” the DOJ resolution stated.
The witnesses said the 55th Special Action Company (SAC)
maintained a defensive perimeter giving the armed men the option to continue
the assault or to retreat.
But witnesses said the respondents still continued to fire
shots at the SAF troopers despite knowing that they were police officers in a
gun battle.
Witnesses said some of the respondents even bragged that the
SAF men were no match to their fighting prowess. The troopers, 'Marathon ' said already raised their arms in surrender but
the armed men still shot them.
Aside from the murder charges, the respondents are also
charged with theft for allegedly stealing the firearms, communications
equipment, night vision goggles, cellular phones and other personal belonging
of the slain SAF commandos.
But the DOJ remanded the theft charges to the National
Bureau of Investigation for further investigation.
http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=913963
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