By Czarina Nicole Ong
Former president Benigno Aquino III is asking the Sandiganbayan Fourth Division to suspend the proceedings of his case pending the resolution of his motion to quash.
Former President Benigno Aquino III. (ALI VICOY / MANILA BULLETIN)
Aquino also appealed to the court to give him until February 10 to submit his pre-trial brief, without prejudice to his pending motion to quash. Due to the voluminous documents involved in the case, his lawyers need more time to prepare for it.
"Aquino believes that the filing of a pre-trial brief is premature. If the motion to quash information is granted, all incidents and proceedings taken up in the meantime will be rendered moot," his manifestation read.
Aquino was formally charged for violating Section 3(a) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act as well as Article 177 of the Revised Penal Code before the anti-graft court on Wednesday due to his involvement in the botched Oplan Exodus which led to the deaths of 44 SAF troopers in Mamasapano, Maguindanao.
His arraignment has earlier been set on February 15, although the court has yet to decide on his 39-page motion to quash where Aquino argued that the facts charged against him do not constitute an offense. He added that the Ombudsman had no authority to file the Information against him.
Aquino stressed that his actions, as indicated in his charge sheets, do not constitute the felony of usurpation because he did not act with "deliberate use of a falsehood." He was charged with usurpation for coordinating with former Philippine National Police (PNP) Chief Director Alan Purisima to execute Oplan Exodus even though the latter has been suspended.
At the same time, the Information does not state what pretenses, devices, fraud or deception employed by Aquino in "causing" Purisima to act as PNP Chief during the planning and implementation of Oplan Exodus.
As for his graft charge, Aquino said his actions do not really constitute the offense of "persuading, inducing, or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter."
He said his actions all fall within a president's prerogative as Chief Executive under Article VII of the Constitution. This gives him power of control over all executive heads, departments, bureaus, and offices.
Assuming that he did persuade or induce Purisima to violate the PNP Chain of Command, his motion stated that it could not have "resulted in any offense committed by Aquino. As former president and 'leader of the country's police forces'... could very well bypass the Chain of Command."