SAF 44 kin’s case against Aquino brass await ruling

LA TRINIDAD, Benguet — A court here is set to rule on a civil suit filed by the family of a slain Special Action Force commando against former Philippine National Police chief Director General Alan Purisima, former SAF chief Director Getulio Napeñas and three other Philippine Army generals. 

Purisima, Napeñas and Philippine Army Maj. Gen. Edmundo Pangilinan, who at that time was commander of the 8th Infantry Division, Lt. Gen. Rustico Guerrero, who was area commander of the Armed Forces Western Mindanao Command, and Col. Gener Del Rosario, brigade commander of the 1st Mechanized Infantry Brigade, were asked to pay P12 million for the death of Senior Insp. Getnad Tabdi during the botched Mamasapano operation.

The case filed last year was submitted for resolution Nov. 3.

Judge Danilo Camacho of Branch 62 of the Regional Trial Court, La Trinidad, said both parties through their lawyers have agreed to submit  pending motions and incidents pertaining to the case for resolution.

The next hearing for the case was set on Feb. 16, 2017.

Lhea Tabdi, wife of the slain SAF officer, and parents Edna and Garcia Tabdi, Jr. filed a civil case asking for P11,368,500 for compensatory damages.  

This was supposed to be the income that Tabdi would have earned if he was not killed during the Mamasapano operation. 

Tabdi, at the time of his death, was receiving a monthly salary of P44,730.

The complainants also demanded P500,000 moral damages, P200,000  exemplary damages and for respondents to pay their lawyer’s fee.

Tabdi’s wife and parents said in their complaint that they have lost not only a husband and a son but also a “material provider.”

“The death of PSI Tabdi caused sleepless nights to plaintiffs, anguish, anxieties and mental torture for which plaintiffs should be paid moral damages,” the complaint said.

 “To set an example to other public officials to act on matters that need their assistance, exemplary damages should ascribe as adjudged against the defendants,” it added.

 The Tabdi family accused Purisima of failure to ensure artillery support for the Mamasapano operation arrived on time.

They also accused Napeñas of negligence for reporting and receiving orders from Purisima who was at the time suspended.

Armed Forces officials were blamed for not providing aid to SAF troopers at the Mamasapano operations.

Tabdi was among the 44 SAF commandos who died in the botched operation on Jan. 25, 2015.