Senate summons text messages between PNoy, Purisima

By AMITA O. LEGASPI, GMA News

Published March 3, 2015 1:09pm

(Updated 5:03 p.m.) The Senate has summoned a telecommunication company to provide a copy of the Jan. 25 text messages between President Benigno Aquino III and resigned Philippine National Police chief Director General Alan Purisima.

The office of Senate President Franklin Drilon said Tuesday that a subpoena addressed to Smart Communications president and chief executive officer Napoleon Nazareno was signed Friday.

Text msgs mula sa mobile no. ni Purisima, hinihingi ng Senado mula sa Smart; subpoena naisilbi na. | via @nimfaravelo pic.twitter.com/8ipTEODNOx

— DZBB Super Radyo (@dzbb) March 3, 2015

In the subpoena duces tecum, the Senate ordered Nazareno to submit “immediately upon receipt” to the Senate panel the transcript of the text messages made from 5 a.m. to 7 p.m. of January 25.

It was Senator Loren Legarda who requested that a full transcript of the text messages be sent to the Senate.

“Not that I do not trust the sources of the text messages but I requested that the text messages from the telcos be subpoenaed,” she said during the hearing of the Senate committee on public order and dangerous drugs on February 23.

Purisima earlier submitted to the Senate a copy of the text messages between him and the President on January 25, 2015, the day the Oplan Exodus operation to neutralize Malaysian terrorist Zulkifli bin Hir alias Marwan and Filipino bomb-maker Basit Usman in Mamasapano, Maguindanao, was conducted.

The said operation was carried out by the PNP-Special Action Force (SAF). Forty-four SAF commandos died after an hours-long gunfight with the Moro Islamic Liberation Front and the Bangsamoro Islamic Freedom Fighters.

In Malacañang, Communications Secretary Herminio Coloma Jr. deferred comment on the Senate subpoena on the text exchanges between Aquino and Purisima, saying the executive wants to see the request first.

"Kailangang maunawaan natin kung ano ang kanilang nire-request. Mahirap magcomment kung hindi nakikita mismo kung ano ang nirerequest nila. It will be addressed appropriately as the request is made,” Coloma told reporters at a press briefing.

Privacy issues

Senator Grace Poe, chairperson of the committee on public order and illegal drugs which is leading the probe on the Mamasapano incident, said they are still waiting for the response of the telecommunication company on the subpoena.

“We are still waiting for the response of the telcos. We don’t know if they will agree with it or not. If there are any privacy issues that might be raised, then they need to address it,” Poe told reporters.

She believed that Purisima had already given his permission to make public his text messages during the hearing.

“When it comes to privacy issues, this was already weighed when it was presented by Gen. Purisima. When he said, ‘these are my texts.” You just have to verify the veracity of the text messages and also the time gaps. I think, I know that you wouldn’t have spoken without the go-signal of Malacañang so in a way, we can remove all other messages that have nothing to do with (the incident),” she said.

Poe said the telecoms can explain to the Senate panel their limitations in providing the text messages of their subscribers. “They can explain their privacy agreement to us at length. Hindi ko pa alam kung may capability sila na ilabas lahat ng conversations, how extensive it is. But we are asking just for the day itself, on the 25th.”

Poe said they “just want to be sure. Para hindi naman kami maakusahan na meron kaming pinagtatakpan dito.”

For his part, acting Minority Leader Vicente Sotto III said he believes the subpoena will not violate any law. "I don't think so because Gen. Purisima himself submitted it already. We are just confirming his submissions."

Confusion

In a transcript of text messages read during the hearing, Purisima showed that he sent Aquino his first text message on the Mamasapano operation at 5:45 a.m.

The exchange of text messages showed an apparent confusion between Purisima and Aquino, as the resigned PNP chief disclosed before the committee that the President asked him to "Review your earlier and latest texts. They differ as to which engaged first."

Purisima said he told Aquino that the SAF commandos were first able to neutralize M1, referring to Marwan, then the group of Usman "retaliated" some 100 meters away.

Aquino also asked Purisima why the SAF officers were not able to reach Usman if 160 SAF troopers "were directly involved in this operation," while they were dealing with 15 to 20 armed elements.

Reading the text message sent to him by the President, Purisima said Aquino told him: "If I remember correctly, 160 SAF troopers were directly involved in this operation. Plus provisions for other PNP and AFP units to assist. The terrain is flat and clear as opposed to upland forested or jungle terrain. Why could they not contain and/or overwhelm the 15- to 20-member opposing force? Are they still in contact with two other targets? If not, and the opposing forces escape, are we now back to square one?"

At 10:16 a.m., the President said: "Basit should not get away."

Purisima replied to him at 11:38 a.m. that he already gave advice on it, "but as of the moment the main effort is withdrawing and according to dir IG, we still have our contact with the (asset) and will hit them again."

The last text message in the exchange came from Purisima, who told the President at 6:20 p.m. that the operating elements "suffered heavy casualties" and "were reportedly overrun." — with Andreo Calonzo/KG/RSJ, GMA News

Tags: mamasapanoclash, benignoaquinoiii, alanpurisima, pnpsaf, milf