DOJ approves filing of direct assault, murder raps vs 88 MILF, BIFF, PAGs members in Mamasapano incident

MANILA -- The Department of Justice (DOJ) on Monday approved the filing of complex crime of direct assault with murder against 88 members of the Moro Islamic Liberation Front (MILF), Bangsamoro Islamic Freedom Fighters (BIFF) and private armed groups (PAGs) in connection to the Jan. 25 Mamasapano incident which led to the deaths of 44 members of the Special Action Force (SAF) along with international terrorist Zulkifli bin Hir, a.k.a. Marwan.In a 55-page resolution, charged for direct assault with murder are five Commanders Abdulrahman Abdulrakman Upan, Rakman (118TH MILF), Refy Guiaman, Anife and Haumves alias Haves, operation commander of the 105th MILF Base Command and 83 others.The DOJ said the respondents conspired with each other to engage and assault the PNP-SAF members who were trapped in a cornfield in Tukanalipao. The respondents acted in conspiracy, waited for each other, encircled the SAF, and shot them from all directions. Testimonial evidence shows the MILF, BIFF and PAGs knew they were engaging the PNP-SAF as early as 8am,” the resolution said.The resolution was prepared by Senior Assistant State Prosecutors Roseanne Elepaño-Balauag, Rassendell Rex F. Gingoyon, Benito Oliver Sales III, Assistant State Prosecutors Aldrin P. Evangelista and Alexander Suarez. It was approved by Senior Deputy State Prosecutor Richard Anthony Fadullon and Prosecutor General Claro Arellano.The DOJ added that the respondents knew that the SAF members were persons in authority who were in actual performance of their duties. The SAF men were in actual performance of their duty when assaulted and atrociously killed,” it said.The respondents were identified by a witness only known by the code name 'Marathon' who was currently under the government’s Witness Protection Program and 11 others who positively identified the accused. We find the statements of the witnesses communicated a credible account on the occurrences they perceived on that indelible day of Jan. 25, 2015. Their categorical statements augur well for a finding of probable cause for direct assault with murder,” the DOJ resolution stated.The witnesses said the 55th Special Action Company (SAC) maintained a defensive perimeter giving the armed men the option to continue the assault or to retreat.But witnesses said the respondents still continued to fire shots at the SAF troopers despite knowing that they were police officers in a gun battle.Witnesses said some of the respondents even bragged that the SAF men were no match to their fighting prowess. The troopers, 'Marathon' said already raised their arms in surrender but the armed men still shot them.Aside from the murder charges, the respondents are also charged with theft for allegedly stealing the firearms, communications equipment, night vision goggles, cellular phones and other personal belonging of the slain SAF commandos.But the DOJ remanded the theft charges to the National Bureau of Investigation for further investigation. (PNA)BNB/CLTC