MANILA – A Hold Departure Order (HDO) was issued to Former PNP Chief Alan Purisima and Former SAF Commander Getulio Napeñas which bars them from leaving the country without acquiring a special permission granted by the court.
The order was issued by the Fourth Division of the Sandiganbayan and signed by Associate Alex Quiroz and Associate Justices Reynaldo Cruz and Zaldy Trespeses. Purisima and Napeñas face charges of graft and corruption and usurpation of public function for their involvement in the Mamasapano raid.
Both were already found guilty of the administrative offenses of grave misconduct, gross neglect of duty and conduct prejudicial to the best interest of service in the Office of the Ombudsman and was also declared criminally liable.
Napeñas and Purisima are now facing criminal charges for graft and corruption and in the Sandiganbayan under the violation of Article 177 of the Revised Penal Code and section three of the Anti-Graft Law.
Article 177 indicates that here must be a clear showing that the person being charged had performed an act pertaining to any person in authority or public officer of the Philippine government, under pretense of official position, and without lawfully being entitles to do so.
Section 3 of the Anti-Graft law considers a public officer to perform an act constituting a violation of rules and regulations.
Ombudsman Conchita Carpio Morals had found probably because against the two even though accountability from Former President Benigno Aquino III was absolved despite the fact that he allowed Purisima, who was already suspended at the time to participate in the execution of the operation.