THE Department of Justice on Thursday submitted for resolution the criminal charges against 90 commanders and members of the Moro Islamic Liberation Front, Bangsamoro Islamic Freedom Fighters, and private armed groups who are implicated in the death of 44 Special Action Force commandos during a clash in Mamasapano, Maguindanao, on Jan. 25 this year.
The department made its move after its prosecutors decided to conclude their preliminary investigation in which the respondents were given a chance to refute the allegations against them.
And as in the first hearing on Nov. 27, none of the respondents showed up despite the repeated summonses to the MILF leadership and local officials.
The department also summoned 30 members of the SAF commandos to the hearing, but only four PNP-SAF officials, led by Chief Supt. Noli Talino, appeared before the hearing to execute their affidavits.
Talino said the majority of the 30 members of the 84th Seaborne Company had already been transferred to another unit, and he suggested that they be sent subpoenas through the PNP Directorate for personnel and records.
Only two lawyers appeared before the hearing and they represented only three of the 90 respondents.
Lawyer Ronald Hallid Torres represented Mustapha Tatak, a village chairman in Sapakan, Mamasapano, and civilian Lakiman Dawaling, who is accused of being one of the field commanders of the MILF involved in the killing of 35 SAF men in Tukanalipao village.
Torres said his clients were not members of any rebel group as shown in their counter-affidavits.
Lawyer Carlos Valdez represented alleged MILF field commander Pendatun Utek Makakua, who denied the charges and claimed to be a farmer.
He submitted a certification from the MILF headquarters signed by Abdulwahid Tunduk to support Makakua’s claim.
Three other respondents wrote the department asking for copy of the criminal complaint.
The respondents are accused of acting “in conspiracy with one another to attack, employ force, seriously intimidate or resist the SAF commandos who were uniformed police officers and thus persons in authority.”