THE fact-finding task force created by the Department of Justice has found 90 commanders and members of Moro Islamic Liberation Front, Bangsamoro Islamic Freedom Fighters and private armed groups liable for the death of police commandos in Mamasapano, Maguindanao last January 25.
Justice Secretary Leila de Lima said the task force, composed of DOJ prosecutors and National Bureau of Investigation agents, submitted its 224-page report recommending the prosecution of the 90 people who were identified by eyewitnesses and other evidence.
However, the contents of the report, including the names of those implicated, were not disclosed because De Lima has yet to review the report.
Nonetheless, De Lima only confirmed that a total of 90 members of MILF, BIFF and PAGs were endorsed for preliminary investigation on various criminal charges, which she also did not reveal pending her review.
The Justice Secretary also disclosed that a major eyewitness with the codename “Marathon” and other witnesses were key to the identification of the liable individuals.
“(Marathon) and other witnesses identified those who were in the clash in the cornfields in Tukanalipao. You will see later the discussion of the criminal liabilities of those who participated in the killing of the SAF members who died in the cornfields,” De Lima said.
“Our team was lucky to get these witnesses,” she said, adding that these witnesses are already under the government’s Witness Protection Program.
De Lima admitted that the report only covers the cases of 35 slain SAF men who belonged to the 55th SAF company that engaged the fighters in the cornfields of Barangay Tukanalipao.
She said the cases of the nine other slain commandos from the 84th SAF Company in Barangay Pidsandawan as well as the five civilians and 18 MILF fighters who were also killed during the clash would be subject of further investigation.
De Lima admitted that their probers were not able to secure witnesses on the other cases.
De Lima stressed that while the DOJ probe considered the findings in earlier reports of the Senate, Philippine National Police’s Board of Inquiry, MILF and International Monitoring Team, it gave premium to the statements of the eyewitnesses in focusing on the criminal aspects of the case.
Apart from determining the criminal liability of the rebels and armed groups, the DOJ report has also set legal framework as to how criminal proceedings against them would be conducted given the complexity caused by the ongoing peace process between the government and MILF.
De Lima also expressed hopes the MILF leadership would cooperate in the possible criminal proceedings against their commanders and members identified in the report.
“We certainly hope for the MILF’s cooperation not only on the possible proceedings against their members, but also in our continuing investigation on the cases of the slain civilians and their own fighters. We hope they now give us access to families to those killed from their camp,” she said.
As to the administrative liabilities of PNP officials, De Lima said the DOJ is leaving it up to the Ombudsman to determine.