NOY ORDERED FILING OF RAPS VS 8 TOP OFFICIALS, MAYOR LIM IN HOSTAGE FIASCO
[PHOTO AT LEFT - The eight officials recommended for administrative and other charges: (top row, left to right) Lim, Santiago, Pascual, Magtibay, (bottom row, left to right) Yebra, Mendoza, Gutierrez and Gonzales]
MANILA, OCTOBER 12, 2010 (STAR) By Delon Porcalla - President Aquino ordered yesterday the filing of charges against top officials, including Manila's former police chief, in connection with the Aug. 23 hostage-taking incident, but cleared close friend Interior and Local Government Undersecretary Rico Puno.
In a press conference, the President also called for administrative charges against Manila Mayor Alfredo Lim, Deputy Ombudsman Emilio Gonzalez III and four police officers. Mr. Aquino made the announcement as he released officially the report of the incident investigation and review committee (IIRC) on its investigation into the hostage crisis.
"The message has to be sent... when you accept the perks and privileges of the office, the duties and responsibilities are equally accepted by you. You are responsible for your failure," he said, referring to the policemen.
The hostage drama, in which dismissed police officer Rolando Mendoza took over a tourist bus and killed eight Hong Kong tourists, tarnished relations with Hong Kong and Beijing and proved an embarrassment for the President in his first months in office. The bungled rescue attempt was played out live on television.
Malacañang's legal team headed by Executive Secretary Paquito Ochoa Jr. referred to the House of Representatives "for appropriate action" the case of Ombudsman Merceditas Gutierrez. The hostage taker was reportedly enraged by Gutierrez's not being clear about acting on his demand for reinstatement in the police force.
Aside from Puno, the others absolved were retired police chief Jesus Verzosa and Manila Vice Mayor Isko Moreno.
"The participation of Moreno appears to be limited to being the liaison between the negotiators/CMC and the Office of the Ombudsman. It does not appear that he was officially one of the decision makers of the CMC and, hence, it is not clear if he had any obligation to remain in the Luneta PCP (police community precinct)," said the Palace review.
TV-5 anchor and RMN reporter Erwin Tulfo and reporter/anchor Mike Rogas have also been cleared but were reprimanded for reportedly interfering in police work.
"We expect this kind of unprofessional behavior not to be repeated again, or we could be compelled to ask Congress for appropriate regulations to protect the safety of the public, our security forces and media itself," Aquino said.
"We really value the sense of freedom, but despite the previous Manila Peninsula incident it seems many have forgotten the guidelines. In future instances, when you are at risk, our police powers are very broad," Aquino said, referring to the November 2007 siege of the Manila Peninsula hotel by mutinous soldiers, the retaking of which was complicated by the presence of dozens of mediamen in the hotel.
"Rogas interfered in the negotiations and effectively aided and supported the hostage taker by giving him a platform to air his demands. Tulfo, by his own admission, violated police instructions. Their behavior was irresponsible bordering on the criminal," he said.
Mr. Aquino has also instructed Justice Secretary Leila de Lima to initiate criminal and administrative proceedings against SPO2 Gregorio Mendoza, brother of the slain hostage taker.
Mendoza was held administratively liable for "serious disobedience and conspiracy in illegal detention cases" and criminally accountable for "illegal possession of firearms" and "serious illegal detention."
Also recommended for administrative sanctions are former MPD chief Supt. Rodolfo Magtibay for gross incompetence and serious neglect of duty; NCRPO chief Leocadio Santiago Jr. for grave neglect of duty; Supt. Orlando Yebra also for neglect of duty; and Chief Inspector Santiago Pascual III for gross incompetence.
Their cases have been referred to the National Police Commission.
Lim, an ally of Mr. Aquino in the Liberal Party who served as NBI director during the time of his mother in the late 80s and early 90s, was held administratively liable for "misconduct in office and simple neglect."
"General Verzosa is retired. There also has to be specific laws that he violated, and the manual does not contain a provision when a local crisis management committee is convened into a national one," he said in defending the clearing of the former PNP chief.
"Chief PNP Verzosa's decision to leave management of the incident to Magtibay is consistent with the provision of the Crisis Management Manual that says a crisis should be handled at the lowest level. Furthermore, the hostage-taking was determined as a local incident. The order to use the SAF (Special Action Force) instead of the SWAT was given to Magtibay and not Verzosa," said the Palace review.
"Did he commit any violation? After a review of the facts, we cannot find the same. There is no law that we can see that would warrant a sanction for them," the President said, referring to Puno's case.
"All of us are people, none of us is perfect," he said, explaining the lack of charges against the two.
To assuage the outrage in China, Hong Kong and the Philippines, Aquino created the IIRC to look into the incident and recommend who should face charges.
The panel in late September recommended charges be laid against a dozen people including Puno, Verzosa, Lim and many of the policemen involved and two broadcasters.
Yesterday, Aquino said he ordered charges to be filed only in cases where he was confident of a court conviction.
IIRC respects review, Noy's decision By Edu Punay (The Philippine Star) Updated October 12, 2010 12:00 AM Comments (26) View comments
MANILA, Philippines - Panel members of the incident investigation and review committee (IIRC) said they respect the decision of President Aquino to modify their recommendations against officials found liable for the hostage-taking incident in Manila's Rizal Park that resulted in the death of eight Hong Kong tourists on Aug. 23.
Justice Secretary Leila de Lima, IIRC chair, said she could only defer to the President's decision.
IIRC members issued a statement yesterday saying that their findings and recommendations were "well-considered and respected" by the Palace legal team that reviewed the 83-page IIRC report.
"The IIRC noted that the findings of facts remain unchanged in the review process and its recommendations substantially adopted, indicating that the IIRC position was well-considered and respected. As such, the IIRC fully respects the Palace review process," the IIRC members said.
They stressed that they were aware that their report was just recommendatory in nature and would still be subjected to the prerogative of Mr. Aquino: "The President exercised his executive prerogatives judiciously."
"The IIRC believes that the action plan of the President will result in the imposition of the appropriate sanctions against those culpable.
"The IIRC trusts that the Palace action plan will put closure to the issue of accountability for the hostage-taking incident," they added.
The IIRC recommended the filing of appropriate charges against Interior Undersecretary Rico Puno, retired Philippine National Police chief Jesus Verzosa, National Capital Region Police Office chief Director Leocadio Santiago, Manila Police District director Chief Superintendent Rodolfo Magtibay, chief negotiator Superintendent Orlando Yebra Jr., and Chief Inspector Santiago Pascual, head of the MPD Special Weapons and Tactics (SWAT) unit.
Also included were Ombudsman Merceditas Gutierrez and Deputy Ombudsman Emilio Gonzales, Manila Mayor Alfredo Lim and Vice Mayor Isko Moreno.
The panel also recommended the filing of charges against broadcasters Erwin Tulfo and Mike Rogas of RMN/dzXL, and the station manager of dzXL.
The IIRC also found liable executives of the country's three biggest television networks - ABS-CBN Channel 2, GMA-7 and ABC TV-5.
The IIRC had also recommended the initiation of criminal actions against six officials, but the President made no mention of any criminal charges in his action plan.
"The IIRC thought they could still be charged, but unfortunately the presidential legal team - as sustained by the President - did not agree because they only looked into what's in the manual and protocol. The IIRC had a different view," De Lima lamented.
De Lima said she could only respect the presidential legal team in not finding ample basis from the factual findings to pursue any criminal proceedings against those found liable in the botched operations, which also left dead the hostage taker.
"That is their view, and we respect the result of the evaluation," she stressed.
"If you noticed, our report is very open ended. We did not specify criminal cases or charges in our recommendations because we felt there is really a need for a closer look at the facts to determine what should really be filed," she added.
De Lima also admitted that it was even stated in the IIRC report submitted to the Palace that lapses on the part of those three were not covered by any manual or rules.
Another IIRC member, lawyer Roan Libarios of the Integrated Bar of the Philippines, could not help but express dismay over the Palace review.
He said that while they respect the decision of the President, the IIRC would stand by its earlier recommendations that include filing of criminal charges against some officials.
"Since we already said that we stand by our recommendations, so the conclusion is that we are not convinced on the outcome of the review process. But we respect the position of the President and we respect the outcome of the process, of the outcome of the review process conducted by Palace," Libarios said in a TV interview.
The Manila police chief earlier went on leave while five other police officers were relieved because of their hesitation and lapses during the assault on the tourist bus where dismissed policeman Senior Inspector Rolando Mendoza held the Hong Kong tourists hostage.
Mendoza, who was dismissed from the police force last year for extortion, commandeered last Aug. 23 a Hong Thai Travel tourist bus in Intramuros and held hostage 21 Hong Kong tourists and four Filipino guides for several hours in front of the Quirino Grandstand at Rizal Park.
The suspect, armed with an M16 rifle and a pistol, had released several hostages before the SWAT team assaulted the bus resulting in the death of the hostage taker and eight tourists.
Police hostage negotiators said Mendoza turned violent due to frustrations after failing to get his demand to be reinstated to the police force.
Mendoza also started shooting the hostages when he saw on the television inside the bus live footage of his brother, Senior Police Officer 2 Gregorio Mendoza, being arrested.
Gregorio was accosted for failing to help in the negotiation.
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