THE Justice Department on Monday approved the indictment of 88 members of the Moro Islamic Liberation Front, Bangsamoro Islamic Freedom Fighters, and private armed groups for murder in connection with the clash in Mamasapano, Maguindanao, in January 2015 that killed 44 members of the Philippine National Police-Special Action Force.
The department found probable cause to indict the 88 for conspiracy to engage and assault the PNP-SAF members who were cornered in a cornfield in Tukanalipao village in Mamasapano.
“The respondents acted in conspiracy, waited for each other, encircled the SAF and shot them from all directions,” the department said in a resolution.
“Testimonial evidence shows the MILF, BIFF and PAGs knew they were engaging the PNP-SAF as early as 8 a.m.”
Probers said the respondents knew that the SAF members were people in authority.
“The SAF men were in actual performance of their duty when assaulted and atrociously killed,” the resolution says.
The resolution covered only the deaths of 35 members of the 55th Special Action Company of the SAF.
The 55th SAC served as the blocking force for the 84th Seaborne, the main unit that attacked and killed wanted Jemaah Islamiyah leader and bomb maker Zulkifli bin Hir alias Marwan inside his hut in Pidsandawan, Mamasapano.
Only PO2 Christopher Lalan survived the day-long firefight with combined elements of the MILF, BIFF and PAGs.
But the department said no charges could be filed for the meantime for the death of the nine members of the 84th Seaborne due to the lack of witnesses.
The respondents were identified by a witness who is only known by the code name “Marathon.” He is now under the government’s Witness Protection Program.
Marathon, who identified some of the respondents, said the SAF commandos of the 55th SAC were already raising their hands to surrender but were still fired upon.
Aside from murder, the respondents are also liable for theft for allegedly stealing the firearms, communications equipment, night vision goggles, cellular phones and other personal belongings of the slain SAF commandos.
The release of the resolution was deliberately withheld by then acting Justice Secretary Emmanuel Caparas due to certain sensitivities, although he did not elaborate on it.
In February, Prosecutor General Claro Arellano, head of the National Prosecution Service, said the resolution of the preliminary investigation would probably be released in March after he reviewed the findings of the investigating panel led by Assistant State Prosecutor Alexander Suarez.