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De Lima sees no legal basis in the BOI report to file criminal complaint vs. President Aquino

Posted on March 16, 2015

By Perfecto T. Raymundo

MANILA, March 16 (PNA) — Department of Justice (DOJ) Secretary Leila M. De Lima on Monday said she is sees no legal basis on the report of the Board of Inquiry (BOI) in the Mamasapano incident to file a criminal complaint against President Benigno S. Aquino III.

De Lima added that the President has “immunity from suit”, meaning that, the complaint against him can be pursued only through an impeachment complaint.

However, as far as the “facts of the case” are concerned, De Lima said she is does not see any legal basis on the BOI report that can be used to include the President in the criminal liability.

De Lima said the DOJ-National Bureau of Investigation (DOJ-NBI) investigating team will determine what criminal complaint can be filed in connection with the encounter in Mamasapano, Maguindanao wherein 44 members of the Philippine National Police-Special Action Force (PNP-SAF) and 18 Moro Islamic Liberation Front (MILF) fighters were killed and five civilians were injured on January 25.

Likewise, De Lima clarified that she has no intention to “cover up” for the President because she is just explaining that because the PNP is a civilian agency, President Aquino cannot be considered as the “commander-in-chief” of the national police, but rather, the “Chief Executive.”

De Lima expounded that the premise of the BOI in their report was incorrect that President Aquino is covered by the “chain of command” structure of the PNP because the principle of “chain of command” is applicable only in the ranks of the military. (PNA)

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