Beruflich Dokumente
Kultur Dokumente
Date
Time
10:00 a.m.
Venue
Session Hall
2nd Floor, Senate of the Philippines
Financial Center, Roxas Blvd.
Pasay City
Agenda
ATTENDANCE
SENATORS PRESENT:
HON. GRACE POE
HON.
HON.
HON.
HON.
HON.
HON.
HON.
HON.
HON.
HON.
HON.
HON.
HON.
-Chairperson, Committee on
Public Order and Dangerous
Drugs
TEOFISTO L. GUINGONA III-Chairman, Committee on Peace
Unification and Reconciliation
FRANCIS G. ESCUDERO
-Chairman, Committee on Finance
GREGORIO B. HONASAN II-Vice Chair, Committee on
Public Order and Dangerous
Drugs
AQUILINO PIMENTEL III -Vice Chair, Committee on Peace
Unification and Reconciliation
SERGIO R. OSMEA III
-Vice Chair, Committee on
Finance
FERDINAND R. MARCOS JR.-Member
CYNTHIA A. VILLAR
-Member
LOREN LEGARDA
-Member
PIA S. CAYETANO
-Member
PAOLO BENIGNO BAM AQUINO IV-Member
ANTONIO SONNY F. TRILLANES IV-Member
SONNY ANGARA
-Member
MARIA LOURDES NANCY S. BINAY-Member
3
HON.
HON.
HON.
HON.
HON.
GUESTS/RESOURCE PERSONS:
Hon. Voltaire Gazmin
Hon. Mar Roxas
Hon. Leila De Lima
Hon. Teresita Quintos Deles
Hon. Natalio Ecarma III
Prof. Miriam Coronel-Ferrer
Mr. Rasid Ladiasan
Mr. Butch Malang
PDG Alan LM Purisima
PDDG Leonardo A. Espina
Chief Supt. Getulio P. Napeas
Chief Supt. Noli Talio
Gen. Pio P. Catapang Jr.
MGen. Edmundo R. Pangilinan
Mr. Benjamin B. Magalong
Hon. Mujiv Hataman
Lt/Gen. Rustico O. Guerrero
Mr. Yasser Ampatuan
Mr. Claro Arellano
-Secretary, Department of
National Defense (DND)
-Secretary, Department of the
Interior and Local Government
(DILG)
-Secretary, Department of
Justice (DOJ)
-Secretary, Presidential Adviser
on the Peace Process (OPAPP)
-Undersecretary, DND
-Chairperson, Government Peace
Negotiating Panel for Talks with
the MILF
-Chairman, MILF Coordinating
Committee on the Cessation
of Hostilities (CCCH)
-Head, MILF-CCCH Secretariat
-Chief, Philippine National
Police (PNP)
-Officer-in-Charge, PNP
-PNP-Special Action Force (SAF)
-Officer-in-Charge, PNP-SAF
-Chief of Staff, Armed Forces of
the Philippines (AFP)
-Commander, 6th Infantry
Division, Philippine Army
-Director, CIDG/BOI
-Governor, Autonomous Region
in Muslim Mindanao (ARMM)
-Commander, Western Mindanao
Command, AFP
-LGU
-DOJ
4
SENATORS STAFF:
Atty. Camille Sevilla
Ms. Aria Miguelle Alom
Atty. Roberto Valenzuela Jr.
Atty. Placido O. Garcia III
Ms. Gem Hernandez
Mr. Ron Gino
Atty. Mark Robert Dy
Ms. Judith Lee
Ms. Tanya Faye O. Ramiro
Mr. Alan Bobino
Ms. Hajilyn Javier
Atty. Valery Joy A. Brion-Dolojan
Mr. Ryan Martin T. Macalatan
Mr. Ronald F. Munsayac
Ms. Maila Carandang
Ms. Arlene Magtalas
Ms. Bernadeth Romero
Ms. Careen Sapallo
Mr. Christian Sanza
Ms. Ayn D. Nepomuceno
Ms. Sheryl Vargas
Ms. Joan Narvaez
Mr. Anthony Torres
Ms. Macel Jimenez
Ms. Cherry Dacanay
Ms. Patty. Tuga
-O/S Poe
-O/S Poe
-O/S Poe
-O/S Poe
-O/S Poe
-O/S Poe
-O/S Guingona
-O/S Guingona
-O/S Guingona
-O/S Guingona
-O/S Escudero
-O/S Pimentel
-O/S Pimentel
-O/S Pimentel
-O/S Trillanes
-O/S Trillanes
-O/S Trillanes
-O/S Trillanes
-O/S Ejercito
-O/S Ejercito
-O/S Ejercito
-O/S Ejercito
-OSP Drilon
-OSP Drilon
-O/S A. Cayetano
-O/S A. Cayetano
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-O/S
-O/S
-O/S
-O/S
-O/S
-O/S
-O/S
-O/S
-O/S
-O/S
-O/S
-O/S
-O/S
-O/S
-O/S
-O/S
-O/S
-O/S
-O/S
-O/S
-O/S
-O/S
-O/S
-O/S
-O/S
-O/S
Osmea
Osmea
Osmea
Recto
Recto
Recto
Recto
Recto
Legarda
Angara
Angara
Angara
Angara
Lapid
P. Cayetano
P. Cayetano
Sotto
Sotto
Sotto
Marcos
Marcos
Honasan
Honasan
Binay
Aquino
Aquino
SENATE SECRETARIAT:
Atty. Antonette B. Cordero
Ms. Suharni Candao
Ms. Helen S. Gayapa
Ms. Marivic H. Ulep
Ms. Cindell B. Gealan
Mr. Rommel P. Alger
Ms. Merlene J. Palaganas
Ms. Bathaluman H. Gonzales
Ms. Maribel P. Mendoza
Mr. Guillermo E. Sapinoso Jr.
Ms. Nida A. Mancol
-Committee Stenographer
-Assisting Clerk
-Assisting Clerk
-Assisting Clerk
-Assisting Clerk
-Assisting Clerk
-Assisting Clerk
-Legislative Committee Page
-Legislative Committee Page
-Legislative Committee Page
-Legislative Committee Page
-Legislative Committee Page
-Audio Operator
Magandang umaga po sa
inyong lahat.
The joint public hearing of the Committee on Public Order and
Dangerous
Drugs;
the
Committee
on
Peace,
Unification
and
[Silent Prayer]
pag-ibig
pa
ang
hihigit
kaya
sa
pagkadakila
at
Ang paglabas ng
the
operation?
Was
the
operation
cleared
by
the
PNP
It seems
who the target personality was, Marwan in this case, the Committees
would like to be apprised of such equally important matters as the
presence of who, what, where, and how many were the friendly and
hostile forces in the targeted area as well as in the areas of ingress
and egress to and from the target areas.
Alam natin na ang isang kawal o pulis kahit na may sapat na
pagsasanay ay sumusunod lamang sa mga utos o inuutos ng kanilang
mga pinuno. Sa pagkakataong ito, maaaring may sapat na intelligence
kung sino ang dapat dakpin sa bisa ng warrant of arrest na kailangang
ihain kay Marwan subalit sapat din kaya ang kaalaman ng mga pinuno
at ng mga pulis tungkol sa marami pang ibang bagay na gaya ng
nabanggit ko o hindi kaya ang kasalatan sa kinakailangang intel ang
siyang punot dulo ng kaawa-awang pagkasawi ng ating puwersa.
11
Another compelling
question that we seek answers to is this issue: Were the troops who
were deployed and utilized sufficiently trained for this type of warfare
and in that kind of environment and for that type of operation?
The Chair was informed that the operation which was undertaken
was a semi-conventional rural jungle operation involving mass enemy
forces. Wasnt there an evident mismatch of forces? If so, who is or
are responsible for the proper assignments and proper number of
assignees? Who decided which men and how many men was the right
fit for the operation?
12
magsimula
ang
mga
indibidual
na
katanungan
or
Secretary
Mar
Roxas
bilang
tagapamuno
ng
DILG
na
Iyong mga
14
15
17
18
hearing. But in this particular hearing, the order that was announced
by the Chairman, I think, is in order.
Thank you, Madam Chair.
SEN. MARCOS. Madam Chair, if I may?
Last procedural point, Madam Chair, if I may? Perhaps I would
like to suggest that for some of the testimony of the resource persons
that they might choose to request that they provide such testimony in
executive session, both for the reasons given by Senator Honasan and
for their own, I suppose, ability to be candid and speak openly. So as a
suggestion, perhaps maybe not these witnesses that we have here but
those that will be following.
THE CHAIRPERSON (SEN. POE). Yes, Senator Marcos, in the
appropriate time, we will determine that. As members of the
Committee, we will determine if there is reason for it to be in executive
session. And if so, if there's really a threat to national security or for
their person, before we can really authorize that
the information be
19
20
21
at katarungan
para sa lahat.
Mali iyan.
magresign. Now, more than ever, we need a leader that can navigate
us through these difficult times. Si Pangulong Noynoy Aquino ang ama
ng ating bayan at naniniwala ako na kasama natin siya at siya ay
tutulong sa paghahanap ng katotohanan.
Point number three, mayroon diyan sumisigaw na ang kailangan
na ngayon all-out war. Mali din iyan. Hindi iyan ang tamang landas.
Alam nating lahat, lalung-lalo na ang mga sundalo at mga pulis, na
pagdating sa digmaan walang panalo.
ang mga sibilyan, mga nanay, mga bata, mga pamilya. Pagdating ng
digmaan walang mananalo.
Iyon lang po. Magandang umaga sa lahat.
Assalamu alaikum.
Thank you, Madam Chairman.
THE CHAIRPERSON (SEN. POE). Thank you, Senator TG.
22
begging for answers. The truth, no matter how painful, must come out.
Lives were lost, we must find out why. But our search for that whys
and the hows must not be obscured by the blinding impulse or the
single minded purpose to merely find fault or to finger-point or lay the
blame for blames sake. For us to turn against each other now would
be nearly as tragic as the loss of 44 lives and that is exactly what the
enemies of peace would want to happen.
23
and Usmans are still out there and would mock us from afar. If that
were to happen, our heroes would have died in vain.
To those who now have the privilege of asking questions, to those
who now have the responsibility of giving answers, and to the millions
who deserve to know, let us, in this inquiry, find out what happened,
why, could we have done things differently, was it worth it? Lives were
lost.
and
mercilessness
of
terrorism.
This
evil
cannot
be
us
capabilities.
review
our
counterterrorism
protocol
and
security
do not stand in the way. Rather, show us the way. Now, more than
ever, we must show to our people that we both desire peace.
We already lost 44 lives. Let not peace and justice be the 45th.
Thank you very much, Madam Chair.
THE CHAIRPERSON (SEN. POE). Thank you, Senator Drilon.
We shall now begin with the opening statement or the testimony
of Secretary Mar Roxas as the head of the DILG and the PNP.
Before we begin, may we ask all the resource persons to please
stand up and take their oath before the body.
Secretariat.
THE COMMITTEE SECRETARY. May I request all the resource
persons to please stand up and raise your right hand.
Do you swear to tell the truth, and nothing but the truth in this
investigation in aid of legislation on the Mamasapano incident?
For the record, Madam Chair, all the resource persons gave their
affirmative answer.
Malang; Gen. Pio Catapang Jr.; Lt. Gen. Rustico Guerrero; MGen.
Edmundo Pangilinan; Usec. Natalio Ecarma III]
THE CHAIRPERSON (SEN. POE). Thank you.
Secretary Mar.
SEN. HONASAN. Madam Chair, please forgive me, colleagues,
for raising this issue again.
Before Secretary Roxas makes his briefing, may we put on record
that the information that will be contained in his briefing reflect
declassified information that will not impact on the ongoing operations
because, let me reiterate this, Madam Chair and the distinguished
colleagues, lives are involved.
impact on future operations and we will not achieve the purpose of this
briefing. So, Madam Chair, may I put that on record.
And as a final point, may we allow Secretary Roxas and Secretary
Gazmin, those who will initially provide information, to say so if the
information they will divulge as part of the briefing reflect classified
information so that we can manage this in a more secure and better
manner.
Thank you, Madam Chair.
SEN. MARCOS.
Yes.
on.
Just as a procedural matter.
THE CHAIRPERSON (SEN. POE). Duly noted, Senator Drilon.
If there are no other manifestations, we will now begin with our
presentation from the resource person of the DILG, Secretary Roxas.
MR. ROXAS. Thank you, Madam Chair.
27
28
MR. ROXAS.
sa ating lahat.
29
30
THE
CHAIRPERSON
(SEN.
POE).
Director
Benjamin
31
32
33
MR. MAGALONG.
Marwan and Usman are high value and priority targets whose arrest or
capture was rightfully and legitimately pursued by the State. The plan
spelled out the employment of 392 SAF troopers assigned
Yes, sir.
MR. ROXAS.
more minutes.
We will suspend session for one minute.
[THE HEARING WAS SUSPENDED AT 10:44 A.M.]
34
resume.
MR. MAGALONG.
The plan spelled out for the employment of 392 SAF troopers
assigned to 12 different operating groups for the mission. Their tasks
are shown in the slide. One group was assigned as the main effort;
four groups as support effortMy apologies, Madam Chair, we are
again encountering technical difficulty.
THE CHAIRPERSON (SEN. POE).
35
Yes, maam.
Immediatelyas soon as
you can.
MR. ROXAS.
Yes, maam.
Thank you.
36
MR. ROXAS.
Yes, maam.
The plan spelled out for the employment of 392 SAF troopers
assigned to 12 different operating groups for the mission. Their tasks
are shown in the slide. One group was assigned as the main effort;
four as support effort; two groups as blocking forces and two groups
37
area
Maguindanao.
of
operations
was
located
in
Mamasapano,
38
MR. MAGALONG.
39
the ACP, 43rd SAC serves as a containment force and route security for
the MSR.
The exit plan called for the support containment forces to
withdraw, provide cover and security for the Seaborne troops as they
withdraw along the plan route. As can be seen from the comparison
maps, there is a gap between the plan and the actual. Except for the
Seaborne unit, the other units did not reach their designated positions.
The movement of the Seaborne took about two hours longer than
planned.
Notwithstanding the
foregoing, the Seaborne was still able to reach its objective and
neutralize Marwan.
The bar graph is a schematic diagram reflecting the movement of
the various operating SAF groups toward their designated way points.
The green bar shows the plan positions while the blue bar shows the
actual positions of the operating groups. The numbers on the left side
of the graph shows the way points. Seaborne made its exit from the
target area under fire but still followed the plan route until way point
14.
40
based on the last radio communication from the unit to the advanced
command post.
Meanwhile, ACP and other units on the MSR or along the MSR
have been under fire since 0830.
mechanized
brigade
of
the
army
to
reinforce
SAF
were
41
At 0638, the
Their pursuers stopped firing only after the delivery of three white
phosphorous artillery rounds at around 1748. By the time they were
rescued before midnight, nine members of the Seaborne were killed in
action while 14 were wounded.
42
happened.
truth.
Magandang araw po sa inyo. Maraming salamat po.
THE CHAIRPERSON (SEN. POE).
43
55th
SAC
or
Special
Action
Company
as
all
36
were
mercilessly/mpm
44
MR. ESPINA. all 36 were mercilessly killed except for one who
was able to escape. Almost all were shot at close range in their heads
with high-powered rifles to see to it that they were dead. They were
stripped of their uniforms, clothes, firearms and personal belongings
and cellphones, even telling the wives of my men, Patay na ang
asawa mo, huwag ka nang tumawag.
Secondly, Your Honors, clearly embellished in the uniforms of my
men were Special Action Forces patches.
that they belong to government which the other party knows they
have continuing peace talks with.
Thirdly, Your Honors, after killing all my men in the 55th, they
maneuvered and joined other forces in the area to kill some more of
my men belonging to the Seaborne Company.
We respectfully
request to let them answer these questions, to let them answer for
these crimes and return all the firearms and equipment belonging to
us.
this inquiry so that all of us, in our collective effort to investigate and
seek justice for our fallen heroes.
45
statement.
I would like to acknowledge former PNP-SAF head, Getulio
Napeas, to please issue his statement.
MR. NAPEAS. Maraming salamat po, Madam Chairperson, the
Honorable Senator Grace Poe.
I salute our noble and gallant warriors.
To our Honorable
Senators, the officers, men and women of both the Philippine National
Police and the Armed Forces of the Philippines, and to everyone inside
this session hall as well as those who are watching in their respective
homes, magandang umaga po sa ating lahat.
First of all, I would like to introduce myself. Ako po si Getulio P.
Napeas, tubong Luna, La Union, 55 years old, married and a graduate
of the Philippine Military Academy, Class of 1982. I have been in the
government service since 1978 when I entered the military for more
than 36 years now. After graduation from the PMA, I was immediately
assigned in the 54th Philippine Constabulary Battalion stationed in
Parang, Maguindanao.
46
Action
Force
Ranger
Course
followed
by
the
Urban
Counter
Constabulary
Regional
assigned
with
the
Philippine
47
I am a recipient of two
48
we
all
know,
the
main
target
of
our
operations
in
49
Marwan was
neither admitted nor denied by the Philippine National Police, but the
fact, however, remains that there exists/jun
50
MR. NAPEAS.
And just a couple of days ago, there were reports that not less than 30
of Marwans students are roaming around Central Mindanao, ready and
willing and able to create widespread fear and terror, panic to our
countrymen through the use of explosivesimprovised explosives
device.
Our dear senators and fellow countrymen, these undeniable facts
and information clearly show the danger that this Malaysian terrorist,
Zulkifli Marwan Bin Hir poses to the public. That danger no longer
exists with his death on January 25, 2015. Thanks to our new breed of
44 heroes and the other members of the Special Action Force who
executed Oplan Exodus.
I would like to take this opportunity to thank our honorable
senators, especially the two chairpersons of the two committees of the
Senate, the Committee on Dangerous Drugs and Public Order and the
Committee on Peace, Unification and Reconciliation, and its respective
chairpersons, the Honorable Senator Grace Poe and the Honorable
Senator Teofisto Guingona III, for extending an invitation for me to
attend the day and tomorrows hearing in aid of legislation.
I felt vindicated since the day I received the invitation from these
two honorable committees of the Senate and told myself, Finally, I
51
at
koordinasyon
naganap
at
isinagawa
bago
52
Not by the
that
Marwan
was
hiding
somewhere
in
Mindanao.
53
Division,
Philippine
Army
withdrew
its
commitment
to
provide
54
It was also
level
of
operations
security
and
secrecy
are
of
utmost
importance.
55
provide us the route of the location since we did not know of any route
going to the given grid coordinates.
Also, we started intelligence preparation in the battlefield where
we found out that the location is high-risk because of the presence of
thousands of MILF and BIFF and the difficult terrain.
In the early part of November, one Sunday at around 10 oclock
in the evening, Police Director General Purisima, then the chief, PNP,
called up and instructed me to proceed to the White House in Camp
Crame, Quezon City. Upon arrival thereat, he instructed me to work
with
Police
Senior
Superintendent
Fernando
Mendez,
director,
56
57
MR. NAPEAS.
Seaborne Unit and the 5th Special Action Battalion commander were
also included in the mission planning. After which, an operation plan
was prepared which I, together with Police Chief Superintendent
Talio, the deputy director, SAF, Police Senior Superintendent Dela
Rosa, Police Superintendent Mangahis, and Police Superintendent Train
presented to Police Director General Purisima at the White House. In
response, Police Director General Purisima said, Go, but I have to tell
the President regarding this matter.
This operation which we called Oplan Terminator was launched
on November 29, 2014 but was aborted due to equipment failure while
the arresting force was en route to the target. The reason of the abort
of the mission was verbally reported to Police Director General
58
Mendez of the
59
were
Lieutenant
Guerrero,
Major
General
Senior Superintendent Mendez who was still on his way to the meeting
because his flight was delayed at that time and he has in his
possession
the
Superintendent
intelligence
packet.
This
made
Police
Senior
60
will
be
time-on-target
in
order
to
avoid
another
compromise.
His Excellency cited about the coordination with the AFP that he
had earlier stated in a press statement. After the update, Police Senior
Superintendent Mendez and myself went out while Police Director
General Purisima stayed behind.
That
61
same place will serve us as the tactical command post for the
operation. Civilian trucks were rented to be used to avoid compromise
in the entry of troops.
And on January 18, 2015, the chief intelligence, Police Senior
Superintendent Dela Rosa, the commanders of the 3rd Special Action
Battalion and the Rapid Deployment Battalion went to Zamboanga City
and linked up with the 84th Special Action Company, Seaborne, and
the 55th Special Action Company under the 5th Battalion for further
mission planning and finalize the preparations of the operations.
Rehearsals and exercises of movements at night to avoid detection
including live firing were undertaken.
from Zamboanga City, Davao del Sur, North Cotabato, Agusan Sur,
Cotabato City, and General Santos City moved to their respective
staging areas on January 21 to 23, 2015.
62
profession and we are ready to lose some lives but never our honor
and dignity.
63
And yes, madams and sirs, you heard it right, hindi po bababa sa
dalawang daan at limampung (250) katao ang naging casualties sa
mga naengkwentrong pinagsanib na puwersa ng MILF, BIFF at iba
pang private armed groups ng ating mga magigiting at matatapang na
bayani mula sa PNP Special Action Force.
To give you an example, Police Superintendent Train alone, the
overall commander of the assault force who took out Marwan was able
to shoot down somewhere between 25 to 30 of the attackers.
According to him, it is also safe to say that the entire assault force, the
84th Company was able to shoot down at least 150 of the enemies. I
also talked personally to PO2 Christopher Lalan, the lone survivor of
the 55th Company and he told me that at least 100 members of the
combined forces of the MILF and BIFF and private armed groups were
taken down by SAF troopers from his company.
SAF Companies which took part in Oplan Exodus also have two and six
snipers respectively under their unit.
64
65
CHAIRPERSON
(SEN.
POE).
Salamat
po,
Chief
66
67
join the nation in its aspiration for truth so that we may all learn from
the bitter and painful lesson.
In order to clarify the truth about the armed encounter
particularly on the specific details on the involvement and participation
of the AFP in said operation, we thank our honorable senators for this
privilege to present before this august assembly a briefing on the
pertinent facts and circumstances.
The Honorable Chairs, may we now request for your kind
indulgence for us to be able to present the AFP's report to be delivered
by Brigadier General de Leon, Deputy Chief of Staff for Operations.
Thank you.
THE CHAIRPERSON (SEN. POE). Go ahead, General de Leon.
MR. DE LEON. Thank you, ma'am.
To our Senate President, to the Honorable Members of the
Senate Committees on Public Order and Dangerous Drugs; and Peace,
Unification and Reconciliation; and Finance chaired by the Honorable
Grace Poe and the Honorable Teofisto Guingona III, ladies and
gentlemen, good morning.
I am Brigadier General de Leon, the Deputy Chief of Staff for
Operations, J3. And on behalf of the Chief of Staff, Armed Forces of the
68
and
be
followed
by
the
significant
events
and
69
ongoing to address the Abu Sayaff group and other lawless elements,
target hardening efforts to deter bombings and other violent actions.
Joint Task Force Zampelan for the 1st Infantry Division covers
Zamboanga Peninsula, Misamis Occidental, Lanao del Norte and parts
of Lanao del Sur. It is currently focusing on internal security operations
against lawless elements and the New People's Army in its area of
operation.
Joint Task Force Central or the 6th Infantry Division covers
Maguindanao, parts of North Cotabato, Sultan Kudarat, parts of Lanao
del Sur and the cities of Tacurong and Cotabato including Mamasapano
municipality and other areas of MILF communities. Lately, it has
conducted operations to secure North Cotabato, Maguindanao and
parts of Sultan Kudarat against the BIFF and the security of the power
transmission lines.
The area of incident. Before I proceed with my briefing, let me
first orient this august body about the prominent landmarks in the
general area which covers the area of incident.
On the far north is Cotabato City. Beside it, adjacent to the
headquarters of the 6th Infantry Division is the Cotabato City Airport,
and extending down south from Cotabato City is the Cotabato-Shariff
Aguak Road towards the Municipality of Isulan parallel to the Pan-
70
Philippine
Highway
that
passes
along
Tacurong
City
at
the
southernmost portion.
The area of incident is generally a flat area in Mamasapano,
Maguindanao. It is 43 kilometers.../mhu
71
It is subdivided
72
firearms camp in the area as shown. The 105th Base Command of the
MILF with 162 fighters and an equal number of firearms under Ustad
Zacaria Guma is also located at the vicinity of the Mamasapano area
and so with the 106th Base Command of the MILF with 132 fighters and
112 firearms. In the same area is based the 118th Base Command of
the MILF with 112 fighters and an equal number of firearms.
In totality, the vicinity of Mamasapano is a lair to 631 fighters
with 626 firearms from four different groups which coexist in that
complex.
On coordinating mechanisms.
The
first
coordinating
mechanism
is
governed
by
the
Article 2,
73
the MILF forces shall be avoided by prior coordination with the latter.
These actions include, but are limited to the following: peacekeeping
and police actions, and defensive or protective actions of the GRP and
MILF to ensure the security of its forces, facilities, installations,
equipment and lines of communication, and the safety and tranquility
of civil government and population.
The next document is the implementing guidelines of the Joint
Communique of 16 May 2002 and part of the document are the
mechanics of implementation.
AHJAG shall coordinate with the Armed Forces of the Philippines and
the Philippine National Police and the MILF and BIAF to effect the
apprehension and arrest of suspected criminal elements; to avoid the
necessary armed confrontations, the displacement of communities and
damage to properties, the tactical operations center of tactical
command posts of the government operating forces and with MILF
forces in the area shall work and coordinate closely with the Ad Hoc
Joint Action Group and vice versa; and except for operations against
high priority targets, a list of which shall be provided by the GPH Peace
Panel to the MILF panel, the AHJAG shall inform the GRP and the MILF
CCCH at least 24 hours prior to the conduct of AFP/PNP operations in
74
75
information
regarding
the
PNP-SAF
law
enforcement
76
77
Napeas
enforcement
at
5:06
operation
at
a.m.
regarding
Barangay
the
conduct
Tukanalipao,
of
law
Mamasapano,
Maguindanao. The text says, I quote: Ed, good am. For your info, on
January 25, 2015, at about 0230, PNP-SAF supported by Maguindanao
Police
Provincial
Office,
Police
Regional
Office-ARMM
shall
be
in
Mamasapano,
Maguindanao.
Troops
are
underway.
78
around
6:07
a.m.,
Commander
WESTMINCOM
called
79
80
around
6:18
a.m.,
Police
Director
Napeas
forwarded
Commander 6ID with the following SMS, For Chief-PNP, from Director
SAF- Na-engage SAF troops doon malapit ilog two kms east of
Barangay Tukanalipao, GC 6798365714, bandang gitna going to
target, sir.
Commander 6ID replied, Copy.
At around 6:19 a.m., Commander 1st Mechanized Brigade
forwarded a copy of an SMS to Commander 6th ID, quote: Sir, I
checked my cell with this text from General Talio at about 5:20 a.m.,
Gener, good am, sorry to disturb you at this early morning. Andito
kami General Napeas sa area. For your info on January 25, 2015 at
about 0230 PNP-SAF supported by Maguindanao PPO, PRO-ARMM shall
be conducting law enforcement operation and serve warrant of arrest
against high-value targets in Mamasapano, Maguindanao. Troops are
underway. Coordination is being made with Division Commander 6ID.
At around 6:30 a.m., Commander 1st Mechanized Brigade
informed Commander 6th ID via SMS, quote: Sir, may sporadic fires at
81
Brigade
to
be
prepared
to
provide
reinforcement.
around
6:39
a.m.,
Commander
601
Brigade
directed
82
around
7:27
a.m.,
Chief
Superintendent
Talio
and
83
that he called the phone of Atty. Datayab but still cannot make
connection.
At around 7:28 a.m/Rommel.
84
MR. DE LEON.
85
from
GPH-CCCH,
MILF-CCCH,
Joint
Ceasefire
86
with Ustadz Zacaria Guma, the Base Commander of the 105th Base
Command, BIAF-MILF abd Ustadz Wahid Tundok, Base Commander of
118th Base Command, BIAF-MILF.
At around 9:20 a.m., troops of the 23rd Mechanized Company,
14th Mechanized Company and the 62nd DRC tried to link up with the
elements of the 55th SAC but failed because there is no contact and
communication to them and it was an open field.
At around 9:30 a.m., Commander of the 6ID called Chairman,
GPH-CCCH and Chairman, GPH-AHJAG and invited them to join the
meeting with his battle staff.
At around 10:40 a.m., combined troops of the 23rd Mechanized
Company, 62nd DRC and the PNP-SAF while trying to link up with the
55th SAC were fired-upon. The troops held their ground.
At around 10:52 a.m., two UH1H helis arrived at TOG12 Awang,
Datu Odin Sinsuat, Maguindanao from the Headquarters of the 1st
Infantry Division, Philippine Army, which was directed by Commander,
Western Mindanao Command for possible casualty evacuation.
At around 10:54 a.m., Commander, 6ID forwarded a message to
Police Director Napeas the message from Chairman, GPH-CCCH: Sir,
lumagpas na sa Talayan sila Butch Malang with our ceasefire
87
around
11:31
a.m.,
Commander,
45IB
called
Police
88
support and the latter replied that they cannot yet determine their
requirements from the AFP.
At around 11:45 a.m., the JCCT conducted an emergency
dialogue with Ustadz Guma, 105th Base Command Commander, Wahid
Tundok,
118th
Base
Command
Commander,
Municipal
Mayor
89
area. He reported that they cannot withdraw yet as the SAF troops are
still subjected to heavy fires.
At around 1:10 p.m., the JCCT arrived at TCP of 4th SAF Battalion
at at Brgy. Tuka, Mamasapano and talked to Police Superintendent
Mangaldan. However, the TCP was harassed resulting to the disabling
of front wheel tires of 3 Simba armored vehicles. During that time,
Chairman,
GPH-CCH
and
Chairman,
GPH-AHJAG
joined
the
Commander, 6ID and his battle staff for a meeting. They then
discussed on how to facilitate the resolution of the crisis.
At around 1:45 p.m., Commander, 6ID instructed Commander,
45Ib to proceed to the encounter area to provide command and control
to
all
Army
units
deployed
in
the
incident
area.
Thereafter,
90
91
MR. DE LEON.
At that time,
was still subjected to intense volume of fire. It was the first time that
the 6th Infantry Division and coordinating ceasefire mechanisms
learned that there is another engaged SAF group which was the 84th
SAC.
MILF-CCCH responded that MILF forces have already pulled out and
that the 84th SAC is in the BIFF-controlled area.
At around 5:30 p.m., combined troops started to move for the
rescue/extrication operations; combined elements of Bravo Company
45th IB, 62nd DRC, 61st DRC and one section of the 46th SAC crossed
the line of departure to augment the 45th SAC.
Likewise, joint
92
were not delivered due to danger close as advised by his fire support
officer.
While delivering fires, the joint Army and PNP elements are
of
around 12:46 p.m., all belonging to the 55th SAC. One survivor from
the 55th SAC was rescued by Bravo Company of 45th IB at around 2:10
p.m. A total of 43 recovered KIAs were brought to Headquarters 6th
ID, while the WIAs were taken to nearby hospitals.
93
detailed, hourly almost, presentation of the events from the 25th until
the 26th, Brigadier General De Leon.
We will now allow the individual interpellations of our members
to our resource persons.
94
SEN. A. CAYETANO.
Madam Chair, of course, were very thankful that all the highlevel officials in the PNP, military and peace panel are here.
May I
know if we invited any high-level official that can speak for the MILF
and if they have, in fact, sent any of their officials?
THE CHAIRPERSON (SEN. POE).
Madam Chair.
Originally po, I was sent by the leadership to appear as a part of
the Joint CCCH working for the ceasefire. But yesterday po, I was told
by the leadership that in case Ill be asked of some questions or the
95
MILF be asked of some questions, then Ill have to answer to the best
of my competence.
Thank you, Madam Chair.
SEN. A. CAYETANO.
PNP and AFP have submitted their report, the MILF has announced in
the media that they also have a report.
special
investigation
committee
or
commission
has
been
And they
96
emphasized that we are both into coming out with the truth and to
account for whatever is needed.
Thank you po.
SEN. A. CAYETANO.
request that, through the representatives, and I thank you for being
here, sir, that a copy be given right away to the Senate.
I am
uncomfortable, to tell you the truth, that the PNP and AFP have already
submitted their report and the MI have not because the MI have been
flip-flopping in the reports in the media from having said that Marwan
was in their territory, then the BIFF, then they were not fighting with
the BIFF and then theyre fighting with the BIFF. And the reports now
of the two AFP and PNP clearly put at issue these facts.
So may I respectfully ask that you communicate to your higherups, to the leadership of the MILF so that the sooner they submit their
factual report, the morenot only credibility, but the more we can
compare and the idea of a cover-up or trying to navigate the reports
here in order to show that the peace process should continue. Bottom
line, sir, were all after the truth, as you said. And if we dont have all
the three reports here, magkakaroon talaga ng notion na nire-repair
iyong report.
97
objective and they want to save their peace agreement, they should
have full cooperation here.
should have done this much faster than the PNP and AFP that have to
go there and check. But again, thank you for the representatives.
Thank you, Madam Chair.
THE
CHAIRPERSON
(SEN.
POE).
Your
concerns
and
Who
98
personally here when we sent him the invitation? Did he give a letter
stating the reasons why he is sending you as his representative?
MR. LADIASAN. I have no idea po.
THE CHAIRPERSON (SEN. POE). Have you taken your oath,
sir?
MR. LADIASAN. Opo, maam.
THE CHAIRPERSON (SEN. POE). Okay.
THE SENATE PRESIDENT. Madam Chair, can we ask Mr. Iqbal
to honor this Committee with his appearance before the Senate? If the
Secretary of Interior and Local Government, the AFP high ranking
99
officials, both Secretary Gazmin are here, can we have the honor of
having Mr. Iqbal present?
SEN. A. CAYETANO.
recommendation of the Senate President. And may I just put into the
record, the House of Representatives in the hearing for the BBL wrote
the leadership of MILF and asked them to be present in the hearing
becauseof course, the House believed that this is a two-way
negotiation, this is a two-way peace process. But we were all shocked
by the answer of the MILF. I have here a letter dated December 29,
2014, signed by Chairman Al Haj Murad Ibrahim and, Madam Chair, let
me read just this one paragraph in his letter, As such, the MILF
negotiated its peace agreement with the understanding that it was
negotiating with the totality of the Philippine government or whole of
government especially since after other reasons, the commander-inchief powers of the President allows him to bind the whole government
including its different branches.
So let me point out that there is a misunderstanding here. The
President cannot bind the Supreme Court nor the Congress of the
Philippines.
Secondly, Madam Chair, in his letter in the back it just said that
he is preoccupied, together with the other MILF leaders in forming
100
They will be
CHAIRPERSON
(SEN.
POE).
Thank
you,
Senator
Cayetano.
I would also like to put on record that a letter was sent to our
office on January 29 from the chairman of the MILF Peace Panel, Mr.
Iqbal, and he mentioned that for the said invitation he will have to get
101
Apparently
there has been some information that reached you about the fighting
and that you may have also gotten in touch with several key leaders
on the ground. If you have any presentation, we would welcome that
or any statements.
Atty. Ferrer.
MS. CORONEL-FERRER.
Yes, good
102
note from the report of the AFP, the information was very, very much
incomplete and I had responded and my first question was, Any
casualty?
PNP or is it under the national command? And I got the answer that
the SAF operation is under the national command. As far as casualties
are concerned, nothing definite yet. That was at around seven
THE
CHAIRPERSON
(SEN.
POE).
Who
sent
you
this
information, maam?
MS. CORONEL-FERRER. This was texted to me by the chair of
our Ceasefire Committee who is General Galvez, Carlito Galvez.
In any case, Your Honors, we do have our report to submit to
this Committee. It has been submitted to your Committee complete
with the timeline, focusing on the activities of our mechanisms, the
two mechanismsthe AHJAG mechanism and the ceasefire mechanism
together with the cooperation of the MILF-CCCH, the MILF-AHJAG, as
well as the international monitoring team that comprise the joint
103
ceasefire crisis team that was able to effect the ceasefire in the course
of the day.
THE CHAIRPERSON (SEN. POE). At any point during the time
that you were informed from 7:00 a.m., was there any request from
the ground commanders to please call for a ceasefire or to get in touch
with the MILF?
I know that you have a thorough presentation but these are
nagging questions about it.
MS. CORONEL-FERRER.
that our Ceasefire Committee was not aware of the incident that it was
actually Mr. Rashid Ladiasan here who called our ceasefire chair and
requesting for immediate ceasefire, that was about 6:30 a.m. Because
our Ceasefire Committee was travelling from Iligan City from a visit in
Camp Busra together with Mr. Ladiasan, in fact, and the members of
the independent decommissioning body where they visited another
MILF camp in Lanao province in order to determine possible sites in
relation to the decommissioning process. So actually the information
came from the MILF-CCCH that there was trouble in the area and he
was requesting efforts of the committee that they can undertake to
immediately effect the ceasefire.
104
Okay.
105
106
that General Purisima is the focal person who is constantly being asked
by the President as to the mission. This was manifested by the fact
that when we were presenting the mission update, he is being
constantly consulted by the President.
THE SENATE PRESIDENT. Just one.
Sino iyong dalawa?
mentioned that.
SEN. TRILLANES. Yes, I was going there.
THE SENATE PRESIDENT. Sorry.
107
SEN. TRILLANES.
Director Napeas?
MR. NAPEAS.
Napeas?
MR. NAPEAS. It is the OIC of the Philippine National Police.
SEN. TRILLANES.
108
Yes.
109
SEN. TRILLANES.
During the
whole operation, who was in command? Who was giving the orders?
MR. NAPEAS.
command post.
commander of the 4th Battalion while at the tactical level, it was the
company commanders who were involved in the operation.
SEN. TRILLANES. Okay, thank you.
What about si General Purisima, was there any instance na
nagbigay siya ng utos during the whole operation, sir?
MR. NAPEAS. It is not an order.
Iyong mga
110
MR. NAPEAS. Yes, I was the one handling and directing the
operations in Maguindanao area, sir.
SEN. TRILLANES.
pag-conduct ng operations?
MR. NAPEAS. Your Honor, hindi po nakagulo, nakatulong po
iyong mga impormasyon na ibinibigay niya sa amin.
SEN. TRILLANES. Nakatulong, okay. Then ito, just, again, to
be clear, mayroon bang sinabi sa inyomay order sa inyo si President
Aquino na huwag reinforce-an iyong mga tropang naiipit? Just for the
record.
MR. NAPEAS. Your Honor, there was no order from us not to
reinforce the troops inside the area of operation. There was no order
given to me regarding that.
SEN. TRILLANES. Okay. So as far as you are concerned, the
only statement you got from the President was for you to coordinate
with the armed forces in relation to this mission?
MR. NAPEAS. Yes, Your Honor.
SEN. TRILLANES. Okay. Then, dito kay General Purisima, sir.
Ill just ask General PurisimaGeneral Espina. Sorry, sir.
General Espina, sir.
MR. ESPINA. Good afternoon, sir.
111
SEN. TRILLANES.
Okay.
Just for
the record.
MR. ESPINA. Sa report po, sir, wala.
SEN. TRILLANES.
Wala, okay.
Na
kung uulitin niyo itong operation na ito, ano iyong babaguhin niyo, sir?
MR. NAPEAS. Your Honor, we would like really to work very
closely with the Armed Forces of the Philippines on regards to this
matter because this was already discussed after the Butig operation
sometime in July 14 to 16 noong 2012.
Nagkaroon po ng meeting
112
And on
June 10, 2014, nag-conduct ng raid iyong 6th Infantry Division at saka
iyong mechanized brigade without our knowledge/jun
113
Pangilinan.
Sir, just for the record, may utos ba sa inyo si Presidente Aquino
na huwag kayong mag-reinforce?
MR. PANGILINAN. Your Honor, Major General Pangilinan po.
There was none.
Okay.
114
dito kasi Ive been through the other oplans and I was comfortable
with them, it was always with the Armed Forces of the Philippines. We
have the equipment, we have the mechanized infantry brigades, et
cetera, and the assets. Pagka ganito ho kasi ang scale, it has to be
with the armed forces.
SEN. TRILLANES. Maraming salamat.
MR. ESPINA. Opo.
SEN. TRILLANES. Thats all for the first round, Mr. Chairman.
SEN. LEGARDA.
115
SEN. LEGARDA.
may. Since most of his questions were directed to General Espina and
General Lapea
THE CHAIRMAN (SEN. GUINGONA). Madam Senator, we just
wait for our turn.
116
Senator Escudero is
recognized.
THE
CHAIRMAN
(SEN.
ESCUDERO).
Thank
you,
Mr.
Chairman.
Kay General Napeas.
Maraming
salamat
po,
Your
Honor,
at
Is this an
statement ng ating kapulisan na na-involve doon sa operations at nagsurvive. Iniisa-isa po namin sila na kinunan ng salita kung ilan talaga
117
CHAIRMAN
katanungan,
sabi
nyo
(SEN.
ESCUDERO).
protektado
ng
Sunod
MILF,
kung
ko
tama
pong
ang
po
Forces of the
Philippines sa
118
ninyo doon?
MR. NAPEAS. Hindi po iyong director ng IG iyong nabanggit
ko kanina, Your Honor.
119
Chair, that he be invited as well to shed light just on this specific point.
Is he here? Is he here, sir?
MR. NAPEAS. No, sir, hes not here.
THE CHAIRMAN (SEN. ESCUDERO). May we just ask that he
be invited, Madam Chair?
MR. NAPEAS.
report din, sir, and the statement of Lalan na narinig na lang nila
pinapuputukan niya isa-isa iyong mga naengkuwentro doon sa field.
120
THE
CHAIRMAN
(SEN.
ESCUDERO).
Ilan
po
iyong
There is no way of
Pag
Napeas
and
General
Pangilinan,
noticed
youre
121
122
MR. ESPINA.
the point, sir. The question actually is, is there interoperability with the
communication equipment of the PNP and the AFP, either at the
national command or in the field? At your level, General Espina, is
there such a thing?
MR. ESPINA.
PANGILINAN.
Your
Honor,
wala
pong
radio
ng
kasunduan
kung
magkakaroon
ng
kasunduan
124
here?
MR. PANGILINAN.
In this particular
incident it was not done? At any point in time, sir? During the entire
incident, this was not done?
MR. PANGILINAN.
Madam Chairman.
Sinabi rin po, General Pangilinan, dito sa presentation ninyo na
kayo po ba ang binabanggit dito--hindi ninyo pinayagan iyong number
125
three option. Pinayagan ninyo iyong one and two. Iyong number three
option is to utilize the 105th Artillery. Referring to you, sir?
MR. PANGILINAN. Yes, sir, Your Honor. Totoo po iyon.
Nagprisinta po ang aking brigade commander, si Colonel del Rosario,
about the concept of reinforcement and extrication of the SAF. He gave
three courses of action. The first one is to provide support by
mechanized infantry; second is the insertion of the division recon
company; and third is the firing of the artillery. I said on the first two,
its Go, but on the third I said, Hold. Because we dont have a
complete information of the actual situation that is happening on the
ground, Your Honor.
THE CHAIRMAN (SEN. ESCUDERO).
hindi
ba,
pag
nagpasabog
kayo
doon
ng
white
Parang lumiliyab po ba
siya?
126
MR. GAZMIN.
once you fire it, totoo po ba na it can provide some sort of at least
leeway and time on the part of our troops dahil medyo aatras yung
kalaban? By experience.
MR. GAZMIN.
reference point? Thats what is used to exactly know and find out
where our troops are in relation to their enemies?
MR. GAZMIN.
sir, we did not know that and we only found out about that at 5:30
P.M.?
MR. PANGILINAN.
ng hinahanap ninyong impormasyon, nakuha ninyo lamang ng alas5:00, alas-5:30 kaya doon pa lamang kayo nakapagpaputok ng white
phosphorous?
MR. PANGILINAN. Your Honor, sa katunayan po doon lamang
namin nalaman na mayroon pa palang isang grupo ng SAF that is
operating. Noong una po, noong umaga, ang alam namin ay isa
lamang pong grupo na which later we found out that is the 55th SAC.
Hindi po namin alam na mayroon pa rin po palang 84th SAC. Nalaman
lang po namin iyan noong ako, personally, went to the tactical
command post of my brigade at the Old Capitol, Shariff Aguak
building, Your Honor.
THE CHAIRMAN (SEN. ESCUDERO).
And he is representing
pong
counterpart
ay
pinapa-check
ko
po
kung
ano
ang
129
SAF
could
have
easily
called
up
their
units,
may
radio
communication naman at cell phone at Tigil. But why did it take six
to seven hours before the MILF/jadc
130
before the MILF could instruct and order their men on the field to stop
fighting?
already dead.
MR. LADIASAN.
namin sa counterpart with the government is paano ho namin isiceasefire. And umabot na nga po sa point na we organized iyong task
force and moved to the area. Relayed na po iyong mga information sa
grounds pero iyong pag-e-execute noong ceasefire ay hindi madali
considering iyong situation sa ground at iyong mga communication na
constraints,
nahirapan.
THE CHAIRMAN (SEN. ESCUDERO). But, sir, my question is,
we have ongoing peace talks between the two of us, meaning
government and MILF.
government forces iyon, hindi pala sila nilusob ng BIFF, hindi pala Abu
Sayyaf iyon, hindi pala ibang lawless elements iyon, gobyerno ito.
Hindi
131
shouldnt that be the immediate reaction? The AFP clearly played its
role insofar as their commitment is concerned.
clarification.
They sought
sana, Your Honor, ise-separate namin kaagad, isi-ceasefire, iseseparate namin, idi-disengage ang situation sa ground. Kaya lang po
iyong coordination ang naging problema. Unang-una ho wala kaming
natanggap na coordination but still we wanted to coordinate our efforts
to really effect the ceasefire as soon as possible. And nang tinawagan
po namin ang mga ground
132
meaning
hindi
na
in
self-defense,
charges
can
be
filed
133
agreement.
MS. DE LIMA. Yes, Your Honors, it does not, it cannot suspend
the authority of the state to enforce its laws.
THE CHAIRMAN (SEN. ESCUDERO). May I know, maam, by
way of a parallel question, do you remember the Al-Barka incident
wherein 24 or so of our soldiers, very much like this incident
supposedly stepped on the line, nag-stepping on the line daw sila,
lumampas at pumasok sa territory ng MILF and they were killed. In
fact some of them were beheaded.
Im sorry, I dont
know the status of the criminal cases filed if there have been criminal
charges or criminal cases filed with respect to that incident.
134
just one question on that. Ano pong status noon? Naalala ninyo pa
iyon, I am sure. That is difficult to forget as well.
MR. CATAPANG.
punishment for the officers who were commanding and that caused his
going down to the--about 25 files and he not being recommended for
promotion.
THE CHAIRMAN (SEN. ESCUDERO).
I think--
General Espina that indeed criminal cases have been filed against 100
or so accused.
135
although there had been several or there are several John Does in that
particular criminal information. So, there are cases filed, Your Honors.
THE CHAIRMAN (SEN. ESCUDERO). One last question on that
point, Madam Chair, and I will yield.
Secretary Deles, are you aware of this and what is the
government panel that is supposed to be protecting the side of the
government doing about these things?
MS. DELES. May I be clarified, sir, about which-THE CHAIRMAN (SEN. ESCUDERO). Warrants of arrest were
issued according to them and that particular encounter involved the
MILF. Is that even being talked about? Is government even insisting
on that?
MS. DELES. Yes, Your Honor, if our justice department or any
other department in government says that certain things have to
happen, then certainly that is communicated to the MILF.
THE CHAIRMAN (SEN. ESCUDERO).
maam?
MS. DELES.
Barka, Your Honor, I understand that it was not seen that OPAPP
needed to play a role here.
THE CHAIRMAN (SEN. ESCUDERO). It was not, maam?
136
MS. DELES. I think it was not seen that OPAPP needed to have
a role here because the security forces took over the investigation.
The DOJ has its role with-THE CHAIRMAN (SEN. ESCUDERO). Maam, there are already
warrants of arrest. Arent you discussing or taking this up even with
your counterparts to cooperate? I bring this up, maam, because this
might fall under the same category again and I would want to avoid
that situation.
MS. DELES. Your Honor, we have at every point including now
very strongly expressed the need for cooperation and accountability of
the MILF, Your Honor.
THE CHAIRMAN (SEN. ESCUDERO).
Chair.
Thank you, Secretary Deles.
THE SENATE PRESIDENT.
137
SENATE
PRESIDENT.
Whether
military
or
police,
pamahalaan.
MR. LADIASAN. Opo, sir.
THE SENATE PRESIDENT.
Now, so nag-request ka ng
Ang sinabi ko po sa
All right.
138
139
140
141
142
SEN. SOTTO. All right. Just one more question. To clear also
some of the reports, perhaps Secretary Roxas may be able to give us a
reaction.
There was a statement by the assistant director in charge of the
FBI Los Angeles, David Bowdich, and part of his statement reads,
"Although the results of the DNA examinations do not provide absolute
identification, the results do support that the biological sample provided
by Philippine authorities came from Marwan."
What is your comment on this, Secretary Roxas?
MR. ROXAS. Thank you, sir.
Sir, that phrase is embodied sa sulat na pinadala noong FBI at
opisyal na natanggap ng PNP. At sa aking pagkaunawa po, iyong DNA
testing is never 100 percent. What they have are degrees of
probability.
Ang pagkaunawa ko po is that iyong kapatid ni Marwan ay bihag
din doon sa Amerika or in one of their prisons. So, kinumpara iyong
DNA ni Marwan doon sa record ng DNA ng kanyang kapatid na
nagpapakita na very high ang overlap. In short, parehas ang magulang
nito, parang iyon ang sinasabi.
SEN. SOTTO. Ang degree, so are they practically sure, are they
somewhat sure, are they sure?
144
Marwan may DNA at itong si Marwan may DNA at iyon ang ipinagcompare.
SEN. SOTTO. For the record also, siguro, General Benjie, ano
bang finger ang pinutol? Iyong kausap namin ni Senator Honasan na
isa sa mga survivors doon sa 13 na pumasok, ang sinesenyas sa akin
iyong thumb. Ano ba ang dinala nila?
MR. MAGALONG. Your Honor, it's the index finger.
SEN. SOTTO. So itong index finger?
MR. MAGALONG. Yes, ang totoo po.
SEN. SOTTO. So, maaaring noong kaguluhan, medyo nalilito na
sila noong pinanood nilang pinuputol or something like that. You are
100 percent sure. Do you have pictures of the actual finger?
MR. MAGALONG. None, Your Honor, wala po kaming pictures.
SEN. SOTTO. Secretary Roxas.
145
MR. ROXAS.
finding out, perhaps the SAF commander can know because which of
his men--That sample did not pass through the PNP. I don't know. I
think the SAF provided it and eventually it got to the FBI. So, they
would be in the best position to know kanino nila binigay--iyong
operatives, kanino nila binigay iyong sample na iyon.
SEN. SOTTO. Sige, General Napeas. Kasi ang pagkakaalam
namin, pinutol, dala-dala noong team leader, napatay iyong team
leader, kinuha noong mga kasama, naitawid ng ilog, sino iyon at kanino
ibinigay?
MR. NAPEAS. Tama po iyon, Your Honor. Ang pumutol
doon.../mhu
146
MR. NAPEAS.
Police
Senior
Inspector
Tabdi.
Naipasa
niya
iyon
kay
Police
Honor.
SEN. SOTTO.
dinala?
MR. NAPEAS. Yes, Your Honor.
147
SEN. SOTTO.
Wala
Benjie?
MR. MAGALONG. Your Honor, the finger was actually around
that was Tuesday or Wednesday kasi, sir, hinahanap ko rin iyong
specimen. Ang sabi sa akin ni Raymond Train, Sir, on the way na po
iyong tao po natin papunta po sa GenSan dahil nandoon na po iyong
dalawang FBI agents. We have the name of the, sir, iyong mga FBI
agents. Doon na tinanggap iyong specimen and properly received, sir,
with the right receipt.
SEN. SOTTO.
I will terminate my
148
inyong teritoryo?
MR. LADIASAN. Iyong area po ng information naminhindi ko
po
masabi
kung
saan,
for
security
concernay
its
civilian
149
Very
economic,
may
religious
pa
nga
po,
implications
ito,
at
Opo.
150
In other words, pag may duda pag may sitwasyon, when you invoke
the right to life, lahat ho ng konsiderasyon tabi na bastat buhay ang
pinag-uusapan.
MS. DE LIMA.
That is correct.
one right.
SEN. HONASAN. Yes, maam. Maraming salamat po.
Pangalawa po, Madam Chair, sa aking pananaw po hanggang sa
puntong ito ang pinanggagalingan ng ating impormasyon ay news
reports. Ang news report po ay news. Nasasagot minsan iyong what,
when, where, who. Paminsan-minsan po, pahapyaw nasasagot iyong
why pero a news report is a news report.
official report.
Secretary Roxas, may I
MR. ROXAS. Yes, sir.
SEN. HONASAN.
official report?
MR. ROXAS. Thats correct, sir.
SEN. HONASAN. Okay. So I will go to that later.
Now let me address Police Director General OIC Espina.
151
warrants of arrest.
MR. ESPINA. Yes, sir.
SEN. HONASAN.
Okay.
for
two
things:
the
welfare
of
his
men
and
the
Okay.
Superintendent Napeas.
Leo, from an old soldier to a young and better soldier, I think,
the only way you can honor our fallen brothers in arms, the so-called
152
heroes, is to tell the truth and to stay the course whatever the
consequences are. Okay.
Alam mo rin, Leo, as a commander of a special unit like the
SAFIm not downgrading lives herein training or in actual combat,
there is an acceptable casualty rate as long as you are able to balance
the accomplishment of the mission which is primary, and the welfare
and safety of your men.
Hindi
puwedeng puro misyon lang, baka wala ka nang taong pangaccomplish ng mission. Hindi rin puwedeng puro welfare of the men,
dahil who will attend to the mission. Is this an accurate recollection?
MR. NAPEAS. Yes, sir. That is very true.
SEN. HONASAN.
the
legally
authorized
armed
groups,
in
our
democratic
society/cbg
153
SEN. HONASAN.
natin na kasama iyan. Our job description tells us almost literally that
in the performance of duty, you must be willing to die or you must be
willing to do what is necessary to accomplish your mission.
MR. NAPEAS. Yes, Your Honor. Nabanggit ko na nga po diyan
sa opening statement ko kanina that we knew the high risk of our
chosen profession that we may lose our lives in doing so, Your Honor.
SEN. HONASAN. Thank you, Superintendent Napeas.
Madam Chair, my next questions will be answerable by yes or no
because I direct this again to Director General OIC Dindo Espina.
Nagsisimula po ito sa intelligence report, iyong referred to kanina as
an intelligence packet. Is this correct?
MR. ESPINA. Yes, sir.
SEN. HONASAN. Can you furnish the Committee a copy of this,
subject to security requirements, classification.
MR. ESPINA. We will comply, sir.
SEN. HONASAN. After an intelligence report, we move into a
project proposal.
MR. ESPINA. Yes, sir.
SEN. HONASAN. That exists?
154
warranted, accountability.
MR. ESPINA. Yes, sir.
155
here.
MR. ESPINA. Yes, sir.
SEN. HONASAN.
explain to the Committee, through the Chair, why you cannot submit
such a document?
MR. ESPINA. Yes, sir.
SEN. HONASAN. Okay. Now, coordination, Madam Chair, ladies
and gentlemen has been mentioned here. Coordination is not an
abstract term. Coordination is a written and documented ingredient of
an operations plan. In fact, whether you are talking about the ceasefire
mechanisms or the planning stage or the project proposal, coordination
in fact, considering the many dimensions of this cannot be verbal. It
cannot be a text message. In fact, it is proactive because as we now
156
warned that I have one minute, although Senator Sotto has donated
some of his time to me.
Madam Chair, may I respectfully submit through the Chair of the
Committee and this is a request to both Secretary Gazmin and
Secretary Roxas that we instruct our subordinates within the chain of
command to refrain from making public statements that will not reflect
the accuracy, the complete picture of what happened prematurely until
a terminal report or a consolidated report is given to the Committee.
Why? Because every name that we mention, every unit that we
mention implies that perceptions. Baka ho magkaroon ng idea iyong
mga kababayan natin na mayroon tayong inaabsuwelto o inaakusa at
pinagbibintangan at hinuhusgahan.
In fact po, Madam Chair, as a final statement before I close my
remarks and my questions for this round, ito hong sinasabingthere
are about six to eight agencies investigating this. This is not accurate,
157
CHAIRPERSON
(SEN.
POE).
Thank
you,
Senator
Honasan.
This is in line also with the question of Senator Honasan and
then also the question of Senator Guingona. Are you familiar, sir--I
know youre with the PNP but are you familiar, Chief Superintendent
158
iyon, for the record, I would like for you to submit that.
MR. NAPEAS. We will submit, Your Honor.
THE CHAIRPERSON (SEN. POE). Kasi po inako ninyo from the
very beginning na inyo pong judgment call ito and this will lead to your
question, Senator Guingona. Inyong judgment call po ito. Tama po ba?
MR. NAPEAS. Iyong sinabi ko kanina, iyong judgment call po
iyong pagsasabi kay OIC-PNP, si Police Deputy Director General Espina
na nandodoon na iyong tropa na sasabihan ko siya, Your Honor.
THE CHAIRPERSON (SEN. POE). Opo. So, ang ibig sabihin po
kasi
alam
ninyo
naman
pong
may
suspension
order
iyong
159
Chair.
General Purisima, anong nasa utak po ninyo noong in-order-an
mo si General Napeas na huwag nang sabihin sa dalawa? So, in
effect, kasi ano, in-order-an mo siya not to follow the chain of
command because the immediate superior of General Napeas is
General Espina. Ano po ang nasa utak ninyo? Anong motivation ninyo
para sabihin iyan?
160
MR. PURISIMA.
preventive suspension/rommel
161
MR. PURISIMA.
a suggestion. I mean, come on, let us not play around with words
here.
MR. PURISIMA.
Advice!
162
also saying that, you also impliedly told him not to follow an
agreement?
General Napeas, did you inform the AHJAG of the police action?
Yes or no lang po.
MR. NAPEAS.
agreement
with
the
MILF
says
prior
coordination.
Prior
CHAIRMAN
(SEN.
GUINGONA).
Read
the
1997
163
that area for the Terminator 2, I was still the Chief of the Philippine
National Police and I supervised the operation.
THE CHAIRMAN (SEN. GUINGONA).
Wolverine.
MR. PURISIMA.
Your Honor
there?
MR. PURISIMA.
Director Napeas informed me that they already jumped off, that was
already in the morning.
164
So who knew?
Napeas by himself?
General Napeas, you by your lonesome knew about it? General
Espina, General Purisima did not know about it and you, by your
lonesome knew about it? I dont think that is very credible. I mean
I am sorry.
Go ahead, answer, General Napeas.
MR. NAPEAS.
From whom?
Go ahead.
165
So General Purisima
Terminator 1, Terminator 3
THE CHAIRMAN (SEN. GUINGONA).
166
Honor.
THE CHAIRMAN (SEN. GUINGONA).
So you decided by
167
inform everybody, time on target. And I was just following their plan,
Your Honor.
THE CHAIRMAN (SEN. GUINGONA).
General, come on. You were following their plan by giving the
advice not to tell the chief, PNP and the secretary of the DILG?
Come on, General. Let us be reasonable here.
MR. PURISIMA.
give me rules. I am asking about your motivation, iyong nasa loob mo.
Bakit mo ginawa iyon?
MR. PURISIMA.
just following what was written in their plan that they will give the
information, time on target. And that included me, Your Honor.
168
Madam Chair,
That is just what was written in the plan and I agreed with that plan,
Your Honor.
THE CHAIRMAN (SEN. GUINGONA).
Well, I think it is
[Off-mike, Inaudible]
Yes.
operations meetings were held in the white house where you are
supposed to reside. Is that correct?
MR. PURISIMA.
meetings were held in the white house. This was after December 4,
2014.
MR. PURISIMA.
169
MR. PURISIMA.
the White House notwithstanding the fact that you were already
suspended.
MR. PURISIMA.
You mean
Honor.
THE SENATE PRESIDENT.
meetings?
MR. PURISIMA.
Your Honor.
THE SENATE PRESIDENT.
listening.../mjp
170
by simply listening.
Kaya nga.
anything.
MR. PURISIMA.
last?
MR. PURISIMA.
Thirty minutes.
So in those two
171
What
specifically
was
the
observation?
MR. PURISIMA.
All right.
Thats an advice.
Okay.
172
I see.
Special Action Force where we did most of the mission and planning,
including in Zamboanga.
THE SENATE PRESIDENT.
I see.
Thank you.
I just wanted to supplement Senator Guingonas question.
THE CHAIRPERSON (SEN. POE).
173
MR. NAPEAS.
174
responsibilidadhindi
po.
Pinapaalala
ko
lang
po
na
ang
Ang nag-provide ng
So magkano po lumalabas,
175
MR. NAPEAS.
matugis natin kung saansa pagsusunod kung saan galing iyong pera
na iyan dahil imposibleng 100,000 lang iyan.
Maaari
Iyan ba ay
176
mismo
sa
area,
katulad
ng
sinabi
ko
kanina,
that
is
kilometers away from where the drone was supposed to have been
flown.
MR. NAPEAS.
So kayo ngayonkasi
cooperation, halimbawa.
177
MR. NAPEAS.
Sige po.
Siguro mas
178
po iyong mga puwedeng isumite, isumite pero siguro kung magreredact, bigyan ng option ang mga senador na tanungin kung ano ba
iyon.
General Catapang, as
General Purisima said, Ako nang bahala kay Catapang, when were
you informed by General Purisima of the Mamasapano operations?
And what was the nature of the informationbrhg
179
CATAPANG.
We
were
informed
during
the
actual
operation, sir.
THE CHAIRMAN (SEN. GUINGONA). On the day itself?
MR. CATAPANG. Yes, sir.
THE CHAIRMAN (SEN. GUINGONA).
On the larger
180
picture, the government has violated the 1997 agreement where there
should be prior coordination with the MILF with regard to anti-criminal
activities in MILF areas. That was not followed. That will be my next
line of questioning. Why did they not follow the agreement?
On the other side naman, the question for the MILF really is, why
were there terrorists in their respective areas?
But I guess my time has run out and I will reserve it for round
two.
Thank you, Madam Chair.
THE
CHAIRPERSON
(SEN.
POE).
Thank
you,
Senator
Guingona.
Very quickly I would like to ask Superintendent Napeas.
Papaano po ninyo nalaman na si Marwan ay nanduon nga sa
Mamasapano?
MR. NAPEAS. Based doon sa intelligence packet na ibinigay
po sa aming
THE CHAIRPERSON (SEN. POE).
181
MR. NAPEAS.
Siya
iyong sa intelligence?
MR. NAPEAS.
182
Papatawag
ginastos. Well, siguro nabili na nga iyong mga kagamitan. Pero siguro
sa ganito kalaking operasyon, alam naman natin na this would entail
millions.
Gusto ko lang malaman, Chief Superintendent Napeas, ito ba
talagang sinabi ninyo ay nanggaling lang sa SAF funds, wala bang
183
MR. NAPEAS.
previous operation umaabot ng 400,000 dahil mas matagal iyong pagstay ng tropa. Dito, sandali lang sila. Ito ay ginasto po namin doon sa
pagkain at saka iyong sa pagrerenta ng sasakyan, Your Honor.
SEN.
EJERCITO.
Pero
marami
pang
ano
itotulad
ng
184
signal mismo, ito ay isa sa mga mainit na issue, hindi ninyo po hinintay
sa higher ups iyan, kayo na mismo ang nag-decide na itutuloy na
iyong exodus?
MR. NAPEAS. Yes, Your Honor. Given the premise na sinabi
ko nga, ang window na ipinadala is 23 to 26, at any time of those
185
paglalahad
ng
ating
OIC,
Leonardo
Espina,
syempre
186
187
Ito po ay naganap
coordinate mga kalaban and tuloy pa rin heavy firefight. Baka pwede
hingi artillery support.
Sinagot ako ni Chief Superintendent Noli Talio, Sir, as of now,
nega daw muna artillery at baka may mga CVs at mga bata.
Nag-
188
immediately,
Mechanized Brigade.
I went to
the
headquarters of the
1st
189
directed
Superintendent
Mangahis
to
go
with
the
190
191
fire that they were receiving from the MILF and BIFF forces at
sophisticated din daw ang kanila pong mga kagamitan. Ito poy totoo?
MR. NAPEAS. Hindi natin po inaasahan na ganoon kadali sa
umagang iyon, Your Honor, kasi iyon naman mga MILF, hindi naman
sila nasa isang lugar, sa kampo na iyon, manggagaling sa ibat-ibang
lugar pa.
Kay
Kanina,
Brigade.
Ang
192
alam na nga po namin kalaban, alam na rin po namin kung saan iyong
mga tropa, nagkaroon pa po ng friendly fire. So hindi po kami kaagad
makabigay ng artillery fire because of those circumstances, Your
Honor.
SEN. EJERCITO. Naalala ko rin kasi, General Catapang, na in
one of the earlier interviews niyo noong nangyari itong incident, you
said that you wereparang, because of the peace process, the AFP
cannot lend support outright.
193
po,
kayo
po.
General
Galvez,
kayo
po
yata
ang
representative.
MR. GALVEZ. Yes, Your Honor, Madam Chair,
THE CHAIRPERSON (SEN. POE).
Sumumpa na po ba
kayo?/jun
194
195
But just to
196
MR. NAPEAS.
Honor.
THE CHAIRPERSON (SEN. POE).
Walang na-wounded.
So,
At
volume ng fire at saka open field iyong dadaanan kaya hindi sila
makapasok doon sa lugar para tulungan iyong 55th Company.
THE CHAIRPERSON (SEN. POE).
Siyempre, dapat
naman iisipin din natin naiiwan natin iyong mga kasamahan natin sa
loob.
197
198
How far
were you?
MR. NAPEAS.
Yes.
Telepono ba o
commander
ayIkaw
kasi
iyong
overall,
ano,
diyan
sa
199
sapagkat
marami
pa
pong
mga
senador
ang
hindi
Sotto,
may
nakakapagtanong.
SEN. SOTTO. Question.
THE
CHAIRPERSON
(SEN.
POE).
Senator
idadagdag po kayo?
SEN. SOTTO.
Is it necessary to have
the Senate President and, yes, perhaps we can invite them back
tomorrow.
And for the recordYes, Secretary Roxas.
MR. ROXAS. Maam, were happy to come back, maam, except
that the Indonesian president is here.
200
Of course.
Actually,
So, perhaps, for instance, the telcos would submit or you yourself
before we actually get it from the different telco companies.
201
202
SEN. MARCOS. but also all the other oplans that have been
shown in the all of the oplans for the missions or operations against
Marwan, the approval sheet of the operation, so that we know, again,
how the chain of command functioned, the intelligence package, the
PNP-SAF after operations report and the communication net annex
which is, again, this might fall under the classified but as much as
possible we request that they be provided.
And wed like to request also to issue the subpoena for the
following personalities: this is in my letter--team leader of 84th Special
Action Company, the assistant team leader of 84th Special Action
Company and PO2 Christopher Lalan, the sole survivor. I would like to
reiterate my request that I gave to the Committee last week, Madam
Chair.
THE CHAIRPERSON (SEN. POE). Duly noted, Senator Marcos.
Secretary Roxas.
MR. ROXAS. Thank you, Madam Chair.
Madam Chair, I wonder if Senator Marcos would consider instead
of submitting the particular previous oplans, a briefing instead. This is
the concern, if I may, Madam Chair. Even if these oplans were aborted
or did not continue, the reason for its noncontinuance is important
information to the hostiles. They will know what our limitations are
203
204
go/no go point; who gave the Go, Go order; and then also, this is in
accordance with the coordination with the AHJAG and the CCCH of both
the MILF and the republic.
So I do not think that any of those are classified. I will be happy
to have a briefing by any of the officers who are able to give that
briefing but as you can well imagine, my concern here is more about
command and control and the coordination. Because we hear from the
first response of the MILF after this was reported was that the SAF did
not coordinate and the military did not coordinate with the MILF. And
that we have to study that very, very closely. We are in the midst of
hearings on the BBL and the Bangsamoro Basic Law must contain all
the safeguards so that we can guarantee that this does not happen
again. The only way to know that is to find out, to ferret out what
happened kayat hindi nagkaroon ng coordination between the two
sides and that is what I am after. Not so much the operational details.
So the operational security is something that I understand very clearly.
I do not want to cause any problems or to reveal any of our SOPs. In
fact, todays hearing already made me very uncomfortable. And that
we were talking about details that we really should not, in my view,
maybe we should not have talked about in public. But anyway, there it
is.
205
206
SEN. LEGARDA.
LEGARDA.
Purisima-Napeas,
Napeas-Pangilinan
including Catapang. In fact, all texts and calls within the area of
operation from 2:00 a.m. of January 25 to 11:00 p.m. of January 25.
And the NBI can do a forensic authentication of those messages.
Thank you.
THE CHAIRPERSON (SEN. POE). Noted. Thank you.
So for now, our meeting is suspended until tomorrow at 10:00
a.m.
207
208