Explained: BS Aquino is quilty of malfeasance, misfeasance, nonfeasance over SAF 44

Tuesday February 14, 2017 ()
SAF 44

I was despondent like the widows, parents and children of the martyred SAF 44, because of President Duterte's decision to defer his plan to appoint a special commission to investigate the massacre, and hold former President Benigno Aquino III to account.

Kris Aquino, it appears, caused the change of plan. She got the inspired idea of texting President Duterte to plead with him to refrain from sending Noynoy to jail. Voila! DU30 reconsidered his plan for the commission.

But wait. As a bunch of us were ruing that Aquino III would get off scot-free in the Mamasapano tragedy, a lawyer told us, hold your horses! It's not over. The special panel will eventually be formed. It will surely find Aquino guilty of malfeasance, misfeasance or nonfeasance - at least one feasance. Maybe all.

Wow. Eagerly, we listened to him explain one by one these pyrotechnics of the law.

Malfeasance, he explained, is "the performance by a public official of an act that is legally unjustifiable, harmful, or contrary to law. Malfeasance applies especially to an act that is in violation of a public trust."

Misfeasance, he continued, "is the wrongful performance of a normally lawful act."

Nonfeasance, finally, "is the omission of an act that ought to have been performed."

The word feasance means the performance of an act.

Aquino did so many things wrong in the Mamasapano operation, he transgressed every feasance in the law books.

By the time the lawyer was finished, we were all hooked.

In assigning a suspended PNP general to organize Oplan Exodus, Aquino III was surely guilty of malfeasance.

In failing to order the rescue of the SAF 44, he clearly committed a "nonfeasance" because it is his duty as commander in chief to save the lives of his men. He is responsible.

But what about misfeasance? The entire Mamasapano operation was a misfeasance. Aquino did a lawful act as Commander in Chief in ordering the Mamasapano mission, but he did it in a way that was injurious and fatal to the SAF commandos. He virtually fed them to the lions.

Sources:

  1. Weekend in Davao; which feasance did Aquino transgress? by Yen Makabenta, February 14, 2017, The Manila Times

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