Charo, Willie, Eusebio face raps for Ultra stampede

The National Bureau of Investigation (NBI) recommended to the Department of Justice (DOJ) yesterday that criminal charges be filed against 17 people, including executives of broadcast giant ABS-CBN and organizers of the game show "Wowowee," for the Feb. 4 stampede at the Philsports Arena in Pasig City in which 72 people were killed.

Administrative charges were also recommended against Pasig City Mayor Vicente Eusebio for granting a permit despite the lack of a security plan from the show’s organizers to prevent such a stampede.

Among those facing possible charges of reckless imprudence resulting in multiple homicide and multiple physical injuries are ABS-CBN top executive Charo Santos-Concio, "Wowowee" host Willie Revillame, ABS-CBN security chief Rene Luspo and several of the show’s organizers and staffers.

In a statement commenting on the NBI recommendation, ABS-CBN said it had fully cooperated with the investigation.

"However, we deplore the manner by which the NBI has arrived at its conclusions and recommendations in seeking to charge ABS-CBN officials and employees perceived to be liable without factual or legal basis, as well as whitewashing the clear liabilities of others responsible," the one-page statement said.

ABS-CBN emphasized it would cooperate with "any preliminary investigation conducted by the DOJ with standard legal procedure."

"We are concerned, however, regarding the selective manner in which the NBI conducted the investigation, particularly in not charging members of the (Philippine National Police) and overlooking and disregarding their negligence and culpabilities by not performing their duties under the law. The DOJ and not the NBI should be the proper authority to decide in this preliminary investigation," it added.

"Significantly, no other complaints have as yet been filed and yet the NBI chose to lodge those unfounded recommendations. We maintain our confidence in the justice system and will see the NBI and the DOJ in the courts," the network giant said.

NBI regional director Ruel Lasala blamed lack of foresight on the part of the show’s organizers for the tragedy that killed 72 people and injured over 900 others. Many of those killed were elderly women.

"Their system of security was lacking. They should have had a comprehensive security plan and crowd management control," he said.

ABS-CBN and the show’s organizers were liable because they invited people to the show, which was celebrating its first anniversary.

As for Eusebio, Lasala said the mayor should have asked ABS-CBN to submit a crowd control plan before granting the permit.

In their Jan. 17 letter to Eusebio, the show’s organizers asked the Pasig City government for police assistance, saying they expected an audience turnout beyond the capacity of the show’s venue, Philsports Arena in Pasig, and noting that a stampede was possible.

"They should have thought about it before granting a permit," Lasala said.

The Department of the Interior and Local Government (DILG) will decide what sanctions to slap on Eusebio. Interior Secretary Ronaldo Puno declined to comment until he has seen the NBI recommendations.

"Based on the merit, the DILG will act on the case," he said.

Lasala noted the behavior of the crowd during the stampede. "The people were indifferent to the three- to four-feet-high pileup of people who had stumbled in front of them, but... continued to ask for entrance tickets. I think this is the most terrible and bizarre detail."

Also recommended for prosecution are ABS-CBN senior vice president Maria Socorro Vidanes, manager and business unit head Marilou Almaden, executive producer and manager Morly Stewart Nueva, "Wowowee" associate producer for sets and technical Harold James Nueva, "Wowowee" director Norbert Vidanes, assistant location manager and security coordinator Rey Cayabyab, location manager Francisco Rivera, assistant director Mel Feliciano and floor director Jean Owel Garcia.

Also charged were engineer Jess Velardo and Erlinda Reis, building administrator and booking and events officer of Philsports Arena (formerly Ultra), respectively.

Three officials of Goldlink Security Agency, which was hired by ABS-CBN, were also included, namely director for operations Rosenbar Viloria, security officers-in-charge Wilfron Onanad and Chito Payumo.

Earlier, a panel of prosecutors from the DOJ recommended that Eusebio, Pasig City police officials, Metro Manila Development Authority (MMDA) chief Bayani Fernando, officials of the Philippine Sports Commission — which manages the stadium — and local barangay officials be investigated for possible liability aside from ABS-CBN and the show’s organizers.

During a radio interview last month, President Arroyo blamed the organizers of "Wowowee" for the stampede. ABS-CBN said Mrs. Arroyo’s statement was premature, pointing out the NBI was still in the midst of its investigation.

Eusebio, who had also blamed the show’s organizers for the tragedy, earlier said he was ready to face any investigation.

Fernando, on the other hand, was surprised at his agency’s inclusion, saying the "main concern of the MMDA is traffic and garbage, and not crowd control."

Lasala said neither the PNP nor the MMDA were named as respondents because the organizers of "Wowowee" assumed responsibility of maintaining crowd control outside the stadium, while Philsports’ security personnel took charge of security inside the venue.

The DOJ prosecutors based their recommendations on the report submitted by a fact-finding inquiry formed by the DILG to investigate the tragedy.

The DILG inquiry — which included Eusebio — concluded that the show’s organizers and ABS-CBN had failed to provide adequate security for fans and could be held criminally liable for the tragedy.

The panel cited at least three unnamed ABS-CBN executives for negligence.

Aside from possible criminal charges from the Department of Justice, ABS-CBN is facing a possible class-action suit from stampede survivors and families of the victims.

The Volunteers Against Crime and Corruption, an anti-crime watchdog group helping file the class suit, said ABS-CBN chief executive Eugenio Lopez III should likewise be charged as well as Eusebio.

ABS-CBN demanded another "impartial investigation" into the stampede, noting that members of the DILG panel included police officials whom ABS-CBN believes should also share in the blame for the tragedy.

Network officials maintained that the show’s organizers did all they could to ensure safety.

Some 30,000 people had massed outside Philsports Arena to get into the live broadcast of "Wowowee," during which huge prizes were to be offered to the audience. But the stadium could only accommodate 17,000 people.

The crowd broke through a metal gate, trampling upon one another in the rush for tickets.

Fans had hoped to win jeepneys or houses or even the top prize of P1 million, a special offering on the show’s first anniversary.

Around 40 percent of Filipinos live on about P100 a day, and game shows like "Wowowee" that offer substantial prizes have a huge following.

To avoid a repeat of the tragedy, the NBI suggested that game show organizers discourage large crowds from gathering outside the venue.

"It would be better that they would distribute all the entrance tickets, first come first serve, and just tell them to return to the venue on the day of the program, rather than gathering them first then give out the tickets," Lasala said. — With Cecille Suerte Felipe, Sandy Araneta