THE Sandiganbayan Fourth Division will wait until the Supreme Court lifts the temporary restraining order (TRO) on the graft and usurpation cases against former President Benigno C. Aquino III before it can hear Ombudsman Samuel R. Martires’ motion to withdraw the cases.

The cases revolve around the former president’s role in the deaths of 44 special action force (SAF) personnel in the 2015 Mamasapano Clash.

Sandiganbayan Associate Justice Alex Quiroz made the call on Friday, July 5. “We will have to await the Supreme Court order,” said Mr. Quiroz.

Last year, the SC’s First Division issued a TRO on court proceedings on the graft and usurpation of official function case against Mr. Aquino, former Philippine National Police (PNP) chief Alan Purisima, and former PNP-Special Action Force director Getulio P. Napeñas, Jr.

The petitioners wanted the Ombudsman to file homicide charges against Mr. Aquino, Mr. Purisima, and Mr. Napeñas.

However, Ombudsman Samuel R. Martires said that former president could not be charged for usurpation of power as he was the chief executive.

“The President cannot be charged for inducing something. He can call any official,” said Mr. Martires.

In a later interview, the Ombudsman added: “Presidente ng Pilipinas ’yun…. So paanong ’yung Presidente ay magyu-usurp ng powers ng kahit police? Siya ang commander-in-chief.” (He is the President of the Philippines… So how can he usurp his powers over the police? He is the commander-in-chief.)

The Office of the Ombudsman moved for the withdrawal of graft and usurpation of authority cases filed against the former president at the Sandiganbayan. — Vince Angelo C. Ferreras

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