SIXTEENTH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES Second Regular Session "15 MAR 18 P6 :58 SENATE Committee Report No. 120 I\I·;CEIH.IJ HY:"'r" Submitted jointly by the Committees on Public Order and Dangerous Drugs; Peace, Unification and Reconciliation; and Finance on MAR 1 0 2015 ...... Re: Proposed Senate Resolution Nos. 1133, 1134, 1135, 1136, 1137, 1138, and 1146; Senate Bill No. 2603; and the privilege speech of Sen. Teofisto L. Guingona III delivered on February 2, 2015, entitled "Tiwala" Recommending the adoption of the recommendations as contained in this Report and for its full and immediate implementation. Sponsors: Senators Grace Poe, Teofisto L. Guingona III, Francis "Chiz" G. Escudero, Vicente C. Sotto III, Jinggoy Ejercito-Estrada, Joseph Victor G. Ejercito, Miriam Defensor-Santiago, Paolo Benigno Aquino IV, Aquilino "Koko" Pimentel III, Cynthia A. Villar ~ Mr. President: The Committees on Public Order, Dangerous Drugs; Peace, Unification and Reconciliation; and Finance, to which were referred Proposed Senate Resolution No. 1133, introduced by Sen. Sotto entitled: "RESOLUTION DIRECTING THE PROPER SENATE COMMITTEE TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE FACTS AND CIRCUMSTANCES SURROUNDING THE DEATH OF AT LEAST 43 MEMBERS OF THE PHILIPPINE NATIONAL POLICE IN AN ENCOUNTER WITH THE MORO ISLAMIC LIBERATION FRONT (MILF) AND THE BANGSAMORO ISLAMIC FREEDOM FIGHTERS (BIFF)" Page 1 Proposed Senate Resolution No. 1134, introduced by Sen. Ejercito-Estrada entitled: "RESOLUTION URGING THE SENATE COMMITTEES ON PUBLIC ORDER AND DANGEROUS DRUGS; PEACE, UNIFICATION AND RECONCILIATION; LOCAL GOVERNMENT, AND OTHER APPROPRIATE COMMITTEES TO CONDUCT AN INVESTIGATION, IN AID OF LEGISLATION, ON THE DEATH OF AT LEAST FIFTY (50) MEMBERS OF THE PHILIPPINE NATIONAL POLICE- SPECIAL ACTION FORCE (SAF) IN A CLASH WITH THE MORO ISLAMIC LIBERATION FRONT (MILF) AND OTHER ELEMENTS IN MAMASAP ANO, MAGUINDANAO ON JANUARY 25, 2015" Proposed Senate Resolution No. 1135, introduced by Sen. Poe entitled: "RESOLUTION URGING THE SENATE COMMITTEE ON PUBLIC ORDER AND DANGEROUS DRUGS TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE KILLINGS OF MEMBERS OF THE SPECIAL ACTION FORCE (SAF) OF THE PHILIPPINE NATIONAL POLICE (PNP) IN MAMASAPANO, MAGUINDANAO IN RELATION TO THE PROPOSED PNP MODERNIZATION PROGRAM" Proposed Senate Resolution No. 1136, introduced by Sen. Guingona III entitled: "RESOLUTION DIRECTING THE PROPER COMMITTEE TO CONDUCT AN INQUIRY IN AID OF LEGISLATION ON THE POLICE OPERATION IN MAMASAPANO, MAGUINDANAO WHICH RESULTED IN THE DEATH OF FORTY FOUR POLICE OFFICERS AND EIGHT MEMBERS OF THE MORO ISLAMIC LIBERATION FRONT (MILF) AND THE BANGSAMORO ISLAMIC FREEDOM FIGHTERS (BIFF) AND INJURIES TO OTHERS" Page 2 Proposed Senate Resolution No. 1137, introduced by Sen. Ejercito entitled: "RESOLUTION URGING THE PROPER SENATE COMMITTEE TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE ALLEGED ATTACK OF PHILIPPINE NATIONAL POLICE IN MAGUINDANAO MILF CONTROLLED AREA WITHOUT PROPER COORDINATION WITH THE SPECIAL ACTION FORCES CAUSING THE DEATH OF 44 SAF MEMBERS AND 12 WOUNDED IN ACTION" Proposed Senate Resolution No. 1138, introduced by Sen. Defensor-Santiago entitled: "RESOLUTION DIRECTING THE PROPER SENATE COMMITTEE TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE FIREFIGHT BETWEEN GOVERNMENT AND REBEL FORCES THAT LEFT 44 POLICE COMMANDOS DEAD IN MAGUINDANAO" Proposed Senate Resolution No. 1146, introduced by Sen. Legarda entitled: "RESOLUTION COMMENDING THE BRAVERY AND HEROISM OF THE PHILIPPINE NATIONAL SPECIAL ACTION FORCE (PNP-SAF) OPERATIVES WHO WERE KILLED AND WOUNDED IN MAMASAPANO, MAGUINDANAO AND DIRECTING THE APPROPRIATE SENATE COMMITTEE TO CONDUCT AN INVESTIGATION, IN AID OF LEGISLATION, TO DETERMINE POSSIBLE LAPSES IN THE PLANNING AND IMPLEMENTATION OF THE SAID OPERATION AS WELL AS OTHER CONTRIBUTING FACTORS THAT LED TO IT'S UNFAVORABLE OUTCOME" Page 3 Senate Bill No. 2603, introduced by Sens. Guingona III, Aquino IV, Pimentel III and Villar entitled: "AN ACT CREATING A FACT-FINDING COMMISSION, TO BE CALLED THE "MAMASAPANO TRUTH COMMISSION," WITH PLENARY POWERS TO INVESTIGATE AND REPORT UPON THE DEATHS AND INJURIES OF MEMBERS OF THE SPECIAL ACTION FORCE UNIT OF THE PHILIPPINE NATIONAL POLICE IN MAMASAPANO, MAGUINDANAO" and the Privilege Speech of Senator Teofisto Guingona III entitled "Tiwala" delivered on February 2, 2015 and the interpellations thereon (Journal for Session No. 47, pages 890-895) have considered the same and have the honor to submit its report on its inquiry back to the Senate, recommending adoption of the recommendations as contained in this Report and for its full and immediate implementation. Page 4 RESPECTFULLY SUBMITTED: /F8V111fV~_­ Vl'H.r>.CEPOE Chairperson Committee on P blic Order and Dangerous Drugs FRANCIS "CHIZ" G. ESCUDERO TEOFISTO L. GUINGONA III Chairperson Chairperson Committee on Finance Committee on Peace, Unification and Reconciliation Vice Chairpersons: AC:V\~-r AQUILINb "KOKO" PIMENTEL III J} jAt"ll1 1/1/' SEiGiO R. OSMENA III ,.' Page 5 Members: ND R7MARCOS, JR. ANTONIO "SONNY" F. TRILLANES IV MANUEL "LITO" LAPID r,r,H~,1 VfIIi.,J~~ MIRIAM DEFENSOR-SANTIAGO NG" REVILLA, JR. JOSEPH VICTOR EJERCITO Page 6 RESPECTFULLY SUBMITTED: Ad' ,tLL-- ;tiL-- "G ACE POE hairperson Committee on pue ic Order and Dangerous Drugs RESPECTFULLY SUBMITTED: il/ J1.901---­ , CEPOE j' hairperson Committee on Pub ic Order and Dangerous Drugs RESPECTFULLY SUBMITTED: 1//~ CEPOE 4ian-person Committee on Public Order and Dangerous Drugs Y EJERCITO-ESTRADA lAr)"U ~'t. ~.u~ ~r~ r Minority Leader Majority Leader ~~~ ~V~ ----~ - --- -,=:::> RA H9 ~TO Senate respnt Pro-Tempore FRANKLIN M. DRILON Senate President Page 7 THE COMMITTEE REPORT ON THE MAMASAPANO INCIDENT I. SUMMARY Close to midnight of January 24th of this year, after several failed and abOlied attempts in the past, almost 400 highly trained commandos belonging to the elite Special Action Force (SAF) of the Philippine National Police (PNP) unilaterally launched OPLAN EXODUS to serve standing warrants of arrest against 2 internationally wanted terrorists and mass murderers, namely, ZULKIFLI BIN HIR @ Marwan ("Marwan") and AHMAD AKMAD BATABOL USMAN @ Basit Usman ("Us man") in Mamasapano, Maguindanao ("Mamasapano"). A few minutes after 4:00 a.m. the following day, 25 January 2015, the 84 th Seaborne Special Action Company of the PNP­ SAF ("Seaborne") was able to neutralize Marwan, but Usman slipped away. In the ensuing firefight that lasted for several hours thereafter against hostile forces that included members of the Moro Islamic Liberation Front (MILF), the Bangsamoro Islamic Freedom Fighters (BIFF) and other Private Armed Groups (PAGs) in the area, 44 SAF troopers fell, 15 others were wounded, at least 18 MILF members were officially declared dead, and 5 non-combatants were fatally caught in the crossfire. An undetermined number of other combatants from the BIFF and other P AGs could have been killed or wounded in the incident. Pursuant to Senate Resolution Nos. 1133, 1134, 1135, 1136, 1137, 1138 and 1146 filed by Senators Sotto, Ejercito-Estrada, Poe, Guingona, Ejercito, Defensor-Santiago and Legarda, respectively, calling for an investigation regarding the Mamasapano incident on 25 January 2015, as well as Senate Bill No. 2603 introduced by Senators Guingona, Aquino, Pimentel and Villar regarding the creation of a "Mamasapano Truth Commission", the Committees on Public Order and Dangerous Drugs, Peace, Unification and Reconciliation, and Finance (the "Committees") jointly held 5 public hearings and 5 executive sessions over a span of 3 weeks. A total of 37 resource persons and/or witnesses appeared before the Committees and testified under oath. While the Committees would have preferred to personally hear from President Benigno Aquino III (the "President") on the facts relating to this incident as personally known to him, the Committees had chosen not to seek the President's attendance at its hearings out of respect for the head of a co-equal branch of the government. The Committees have thus relied on public statements made personally by the President in its attempt to determine the facts relating to Opian Exodus as personally known to him. This Committee Report is presented without prejudice to the submission of a supplemental report after the Committees shall have received the repOlis on the separate investigations on the incident conducted by the National Bureau of Investigation (NBI) and the MILF, should the submission of such supplemental report be warranted. 2 II. BACKDROP/FRAMEWORK A. Mindanao and the Bangsamoro Peace Process. Maguindanao is one of the poorest provinces in the Philippines. Poverty incidence in the province is pegged at 54.5% (as of December 2013), which is more than twice the national average of 19.7%. I Other social development indicators for Maguindanao have consistently been dismal: literacy rate is very low (66.27%); maternal and child m0l1ality rates are very high; and life expectancy (62 years for males and 64 years for females) are among the lowest in the country.2 It has been argued that the underdevelopment of Mindanao has been largely due to neglect by the national government. This has spUlTed the separatist movement to continue their struggle for self-determination. The conflict and violence have, in turn, become obstacles to development. The Moro secessionist movement traces its beginnings in 1969 when Nur Misuari, together with other Muslim dissidents like Hashim Salamat, formed the Moro National Liberation