Ricochet

"PNoy should really be packing his personal belongings."

Now, who has the last laugh?

The case filed by former Ombudsman Conchita Carpio-Morales against former President Benigno “Noynoy” Aquino, at the outset, was doomed for failure. The very purpose of the charges against Malacañang’s erstwhile resident bum was to immunize him from future cases arising from his uselessness as commander-in-chief with regard to the Mamasapano Operation, which he himself called for.

And that was what Volunteers Against Crime and Corruption legal counsel, lawyer Ferdinand Topacio, said yesterday at a news forum held at the Nanka Japanese Latin Restaurant in Quezon City.

Barely 24 hours after Aquino stepped down from office noon of June 30, 2016, VACC, through Topacio, filed 44 counts of cases of Reckless Imprudence Leading to Multiple Homicide against the former president. There was one case for each Special Action Force trooper killed in the ill-fated Mamasapano operation.

However, Carpio-Morales downgraded the charges against Aquino and instead filed Usurpation of Power and Graft charges against Aquino, then suspended Philippine National Police director General Alan Purisima and then SAF director, Getulio Napeñas.

Fortunately, Carpio-Morales’ successor, Ombudsman Samuel Martirez, last week, moved for the withdrawal of graft and usurpation cases against Aquino.

And while Martirez said that his move to drop the charges against Aquino stemmed from the fact he “found no sufficient ground and evidence” to charge Aquino with violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and usurpation of official functions under Article 177 of the Revised Penal Code, he was quick to stress that the withdrawal of the cases is without prejudice to the filing of appropriate charges once his office is finished conducting another investigation on the incident.

This means that chances of reverting to the original charges filed by Topacio and VACC against Aquino is still highly possible. Aquino could still face jail time, something which he could have escaped had the Ombudsman not withdrawn the case.

And Aquino has no one to blame but himself. Their gameplan backfired.

In his post in his social media account, former First Gentleman Jose Miguel Arroyo lauded Martirez for withdrawing the graft and usurpation of power raps against Aquino. These, he said, were only filed to ensure failure.

“That case was filed to fail. It was to save PNoy. It’s his own stupid fault he delayed his arraignment. Had he pleaded ‘not guilty’ right away in his arraignment instead of delaying it, PNoy would be free as a bird. That case was made to fail and thus acquit him,” said the former First Gentleman.

At the Nanka Forum, Topacio explained the implication of Noynoy entering a plea.

The lawyer said had Aquino entered a plea, and had the case been eventually dismissed, there would have been no chance of filing other cases arising from the same incident. That would entail double jeopardy.

“How can he be convicted of Usurpation of Power when as president of the Philippines, he has been vested with all the power, as Chief Executive, as Commander-In-Chief?” said Topacio.

“So, had the former president been able to enter a plea of not guilty in an arraignment, our hands would have been tied already as the Sandiganbayan would surely throw the case out of the window and we could no longer file charges against him,” the VACC legal counsel added.

And if ever he is convicted on all counts of Reckless Imprudence Leading to Multiple Homicide, Aquino would have to spend a total of 176 years noynoying all by himself inside his cell as each count carries a penalty of four years of imprisonment.

So, if he is partying now that the Ombudsman has dropped the charges against him, he should think all over again. Or better yet, he should start packing his personal belongings.

As the former First Gentleman puts it, this is no time to rejoice.

“Don’t be so happy PNoy. Your luck may run out when the appropriate charges are filed,” was Mr. Arroyo’s advice to Aquino.