A constitutionalist and two lawmakers took contrasting views on the January 25 firefight that led to the deaths of 44 Special Action Force policemen and 17 Moro combatants and several civilians in Mamasapano, Maguindanao.
Christian Monsod, former member of the 1986 Constitutional Commission, said the SAF illegally entered a ‘war zone’ for which President Aquino must be questioned.
But Senators Alan Peter Cayetano and Jose Estrada said the policemen went to Mamasapano to serve a valid warrant of arrest against two terrorists.
Monsod, at a news forum in Manila, put the blame on President Noynoy Aquino, who he said, should be questioned why he allowed the SAF troopers to operate in a war zone.
Monsod, also former chairman of the Commission on Election, said the law is there but the President could have been unaware about it.
“I don’t know what exactly was his feelings about it at this point. But maybe, that’s a good question to ask him,” said Monsod while referring to the President’s approval of Oplan Exodus in Mamasapano, Maguindanao.
“Since it is an armed conflict area, which means there is a potential for combat, the SAF operation was unlawful,” stressed Monsod.
Asked on the possible liability of the President, Monsod said: “His approval of it (operation) does not make it legal if its against the law.”
Detained senator Estrada said the death of the police commandos belies the claims of the MILF that it did not use excessive force during the Mamasapano clash.
He noted that the obliteration and execution of nearly all ground forces who entered Tukanalipao in lawful pursuit of terrorists Marwan and Basit Usman is indicative of a startling overkill by a group who is attempting to forge a peace pact with the government.
He said the MILF leadership failed to take charge and their members went trigger happy against the SAF policemen.
Cayetano, the Senate Majority Leader, described the MILF report as big deception and an insult to the intelligence of the Filipino people.
Aside from being full of lies, it is one-sided including its finding that PO2 Christopher Lalan, the lone survivor of the SAF 55th Special Action Company, is guilty of war crimes and human rights violations for shooting to death four “sleeping” Muslims inside a mosque in Mamasapano.
The MILF report recommended that Lalan be investigated and charged, but Cayetano insisted that the killing may be justified as self-defense “depending on the circumstances.”