THE Justice Department on Friday started its preliminary investigation on the criminal charges field against 90 commanders and members of the Moro Islamic Liberation Front, Bangsamoro Islamic Freedom Fighters, and private armed groups for the death of 44 Special Action Force commandos in a clash in Mamasapano in Maguindanao on Jan. 25.
But none of the respondents showed up before the department’s prosecutors despite the summons served to the MILF leadership and local officials last month.
“We notified them but I don’t know why they did not attend today’s hearing,” Assistant State Prosecutor Alexander Suarez said.
Nonetheless, Suarez said the prosecutors decided to give the respondents another time by scheduling another hearing on Dec. 17.
“If ever on December 17 these respondents do not again participate, then we will have the case against them submitted for resolution,” Suarez said.
Only two lawyers appeared before the panel on Friday and they represented only four of the 90 respondents.
Lawyer Ronald Hallid Torres appeared for Mustapha Tatak, a village chairman in Sapakan, Mamasapano, former teacher Khalim Keda and civilian Lakiman Dawaling, who is accused of being one of the field commanders of the MILF who is accused of involvement in the killing of 35 SAF men in Tukanalipao village.
“We’re really surprised how come their names were included as respondents,” Torres said.
Lawyer Carlos Valdez represented alleged MILF field commander Pendatun Utek Makakua. He said his client was not an MILF commander but a farmer.
The lawyers have not yet submitted the counter-affidavits of their respective clients as they have just received copies of the referral complaint and report of the department’s fact-finding team.
They were also given until the next hearing to answer the charges against their clients.
The families of the slain SAF men attended the hearing but refused to be interviewed.
The preliminary hearing will determine if there is probable cause to warrant the filing of the charges of direct assault with murder and theft against the respondents.
Facing the department’s probe are 13 commanders of the MILF and six commanders of the BIFF. But the names of the respondents were not made public to prevent them from evading possible prosecution.
They are accused of acting “in conspiracy with one another to attack, employ force, seriously intimidate or resist the 35 SAF commandos, who were uniformed police officers and thus persons in authority.”
The fact-finding team of prosecutors and National Bureau of Investigation agents based the report on the accounts of eyewitnesses”•including alias Marathon”•who identified the liable MILF and BIFF commanders and have been placed under the witness protection program.
The viral videos of the encounter that circulated in social media sites also helped in the investigation and their sources have been traced.
Based on the results of the probe, the killings of the SAF commandos appeared to be “spontaneous and not an institutional act of the MILF.”
.