MANILA, SEPTEMBER 30, 2010 (STAR) By Delon Porcalla - Results of the review conducted by the legal team of President Aquino on the incident investigation and review committee (IIRC) regarding the Aug. 23 hostage crisis may be sent to China after all, Executive Secretary Paquito Ochoa Jr. hinted yesterday.
In an interview at the Ninoy Aquino International Airport during the arrival of Mr. Aquino, Ochoa refused to disclose to reporters the recommendations he and Chief Presidential Legal Counsel Eduardo de Mesa made, but said this may be furnished to China.
"Probably yes," was his reply when asked if the review would be attached to the IIRC report submitted by panel head and Justice Secretary Leila de Lima, who recommended the filing of charges, both criminal and administrative, against 13 persons and three institutions.
"Let's not discuss this yet because we might preempt the President," he said.
Ochoa confirmed they have already finished the review and are awaiting instructions, or probably questions, from Mr. Aquino regarding the De Lima report, where they will either adopt, reject or alter some of the recommendations.
"As far as we are concerned tapos na (it's finished), but the President might have some questions later," he explained.
"We have yet to present this to the President, and depending on his reaction to whatever we will be presenting, (it's possible there will still be) discussions, so it's an open ended thing," Ochoa added.
The first part of the review are the "factual scenarios" while the second dealt with recommendations that have been simplified.
The President said he wants to know whether there is enough evidence against those liable.
"We're prepared for whatever questions, we anticipate the President might be asking about the report," he said.
Ochoa could not say, however, when the IIRC report and their review will be made public.
"It would depend on the discussions. In fact, we are not even sure if we will be able to discuss it today, as you can see the President might (still) have jet lag," he added.
"So I think the seriousness and sensitivities involved in this report, it would be better that he has a clearer mind before he makes any decision," Ochoa stressed.
Presidential spokesman Edwin Lacierda earlier said the review of Ochoa and De Mesa on the De Lima report will not form part of the documents that the Philippine delegation will hand over to China.
"(This is) for Philippine consumption (only). We have no instructions to forward it to China and it will all be up to the President (if that will be the) decision. But right now, let me emphasize (there's no discussion)," he said.
At this point, what the Philippine government furnished the Chinese embassy was the IRRC report of De Lima furnished the President, along with the voluminous annexes that were attached to it.
"What we have given to the Chinese government is the report itself as well as the 12 volumes of annexes. As far as our obligation to the Chinese government is concerned, that has been complied with," Lacierda said.
But as to whether the review being undertaken by the legal team will be furnished as well is another story, because there had been no instructions yet if Vice President Jejomar Binay, the head of delegation, would bring along a copy.
Lacierda reiterated that the De Lima report was only "recommendatory in nature," which means Malacañang can either adopt or reject it totally, or make some modifications, depending on the degree of culpability for every individual.
"The mandate of the IIRC is purely recommendatory so the President has the right, through the Office of the Executive Secretary and the Chief Presidential Legal Counsel, whom he has appointed to review, to do (uphold or reject) so," he said.
Lacierda said President Aquino's decision to have the De Lima report assessed is because he wants to afford everybody due process, so that he will be doubly sure that indictments or sanctions will only be for those who deserve it.
"He decided on his own because he wanted to give due process as well to those people named," he said.
He said there will be no whitewash of the case.
"When you speak of whitewash, you're going to change the report itself – no, we're not," he said.
"We're not going to change the recommendations. The recommendations would be published alongside the study."
Judge rejects Mendoza's motion
A Manila judge rejected yesterday the motion of Senior Police Officer 2 Gregorio Mendoza, brother of hostage-taker Rolando Mendoza, to quash charges of serious disobedience against him.
Judge J. Ermin Ernest Louie Miguel of the Manila Metropolitan Trial Court Branch 11 said all evidence support the charges against Gregorio Mendoza.
Miguel gave the defense led by lawyers from the Public Attorney's Office time to submit a motion for reconsideration and the prosecutors led by Assistant City Prosecutor Rocille Tambasacan to submit a Reply to the motion for reconsideration. They were each given 10 days.
Miguel set the arraignment of Mendoza on Oct. 26.
In denying the motion to quash, Miguel said a full blown trial is needed.
However, Mendoza said the decision to dismiss his motion to quash is not yet final as his lawyers would still file a motion for reconsideration.
Fr. Robert Reyes, who was present during the hearing, said Mendoza is "a small fry" in the case.
"Because it is easy to manufacture charges against anybody," he said.
"I don't really think he is guilty of insubordination or disobedience. And during the morning, everybody saw him walking back and forth helping the negotiation process.
"And suddenly, the tables are turned against him, suddenly he is an accomplice."
Reyes said Mendoza was disarmed and ordered arrested.
"Then the mayor (Lim) said he did not order his arrest," he said.
"He (Mendoza) was only asked to be handcuffed and brought to the precinct. Obviously, it is so easy to push around an SPO2, an ordinary officer, when the others charged are very high ranking officials. This is what we have to watch now."
Reyes said the public has to watch whether influential government officials would be let off the hook and Mendoza will end up being the scapegoat.
Meanwhile, Manila Mayor Alfredo Lim said China is not fully convinced that he has any liability in the Aug. 23 hostage crisis.
Lim said he received an invitation from Chinese Ambassador Liu Jianchao to grace the celebration of China's 61st founding anniversary,
scheduled at 6:30 p.m. yesterday at the Makati Shangri-La Hotel in Makati City.
Lim has confirmed his attendance at the reception. —Sandy Araneta
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