PNP-SAF men fired first shot at MILF fighters in Mamasapano — DOJ report

Police commandos from the Philippine National Police-Special Action Force 55th Special Action Company fired the first shot at Moro Islamic Liberation Front fighters in Mamasapano, Maguindanao on January 25, according to a report released on Tuesday by the Department of Justice.

 

The conclusion was taken from the statement of a principal eyewitness, codenamed Marathon, who said that it was members of the 55th SAC that started the firefight.

 

"MILF fighters who were crossing the Tukanalipao bridge, not knowing that 55th SAC was already in the cornfield across, were immediately shot. The MILF corroborates this fact and its report gives the names of those who died from being shot at while crossing the Tukanalipao Bridge as Ali Esmail and Omar Dagadas," read the report, whose investigation was conducted by a joint National Bureau of Investigation–National Prosecution Service Special Investigation Team.

 

The 55th SAC served as the blocking force for the 84th Special Action "Seaborne" Company, which was the main assault team in "Oplan Exodus" that sought to serve arrest warrants on several suspected terrorists.

Of the 36 members of the 55th SAC, only one commando, PO2 Christopher Lalan, survived the incident. More than 60 people, including a total of 44 SAF members, died in the encounter.

 

The report said it was sacked SAF Director Getulio Napeñas who told the 55th SAC to fire at the MILF fighters right away. 

 

When he heard the information from the radio in the tactical command post, Napeñas reportedly told radio operator PO3 Lloy Tano Ensoy to broadcast: "'Pag na-identify na kalaban at may dalang baril, huwag na palapitin at i-engage na."

 

Lalan had testified that the firefight started at around 5:30 a.m. But a text message from Napeñas at 4:38 a.m. to PNP Deputy Director General Leonardo Espina said that the 55th SAC had already engaged in a firefight by then. "The containment blocking force was engaged 2 kms east of Tukanalipao & SAP troops suffered casualties. Extraction is on-going & support from the AFP was requested," read the text message.

 

Criminal liability

 

The report said there was "no benefit" in determining which member of the 55th SAC fired the first shot, given that no one except Lalan is still alive.

 

"Criminal liability is extinguished by death. A lengthy discussion on the death of the MILF members, save those being attributed to PO2 Lalan, is similarly academic," said the report.

 

The initial firefight, according to the report, could not be used as clear basis for criminal liability, because it was unclear among the combatants who they were fighting against. The report said that MILF fighters, Bangsamoro Islamic Freedom Fighters (BIFF), and private armed groups (PAGs) were involved in "pintakasi" — a conspiracy to kill the 55th SAC members.

 

"The point where criminal liability clearly attached for the elements of the MILF, BIFF and PAGs involved was when all the latter learned that they were shooting it out with police officers. Based on an eyewitness' account, this happened at around 8:00 a.m., when he heard those involved say that they were shooting it out with police officers," the report said. 

 

"At that point, those involved in the firefight against the 55th SAC became liable for direct assault.

 

"And when the firefight degenerated into the killing of the 55th SAC even when its members already came out of the cornfield with their arms raised in surrender, the MILF, BIFF, and PAGs involved became liable for the complex crime of direct assault with murder."

 

The DOJ recommended charging 90 people for murder and theft in connection with the death of the 35 SAC men. — Trisha Macas/JST, GMA News