DOJ clears Willie in Ultra tragedy

The Department of Justice (DOJ) has cleared television host Willy Revillame of any criminal liability in the Feb. 4, 2006 stampede that occurred during the jampacked first anniversary show of ABS-CBN Channel 2’s noontime show “Wowowee.”

The stampede resulted in the death of 71 people and injured hundreds at the ULTRA stadium in Pasig City.

In a resolution dated Aug. 22, the DOJ resolved the petition for review of the resolution of the panel of prosecutors which found probable cause for reckless imprudence resulting in multiple homicide and physical injuries against Revillame, ABS-CBN executive vice president for entertainment Ma. Rosario “Charo” Santos-Concio, Maria Socorro Vidanes, senior vice president for television production; Marilou Almaden, executive producer; Cipriano Luspo, assistant vice president and head of security of ABS-CBN; Morly Stewart Nueva, Wowowee executive producer and manager; Harold James Nueva, associate producer for sets and technical; Norberto Vidanes, Wowowee director; Rey Cayabyab, assistant location manager and security coordinator; Francisco Rivera, ABS-CBN location manager; Mel Feliciano, the show’s assistant director; and Jean Owen Ercia, floor director.

Also facing the same charges are engineer Jess Belardo, ULTRA building administrator; Erlinda Reis, ULTRA booking and events coordinator; Rosenbar Viloria, staff director for operations of Goldlink Security and Allied Services Inc.; and Wilfron Onanad and Chito Payumo, both security-in-charge of Goldlink.

The first anniversary show of Wowowee was allegedly given maximum publicity by ABS-CBN as early as a month before the celebration.

A week before the scheduled presentation, the promotion of the show was intensified, with Revillame repeatedly announcing that free tickets will be given on a “first come first served basis.” The prizes would then be raffled and lucky winners will receive cash prizes, jeepneys, taxicabs, tricycles and even a house and lot.

On Jan. 30, 2006, people started trooping to the ULTRA in Pasig City. On the morning of Feb. 4, 2006, an estimated 30,000 fans had gathered outside ULTRA, prompting deployment of additional security guards and local barangay security men to assist in controlling the huge crowd.

A portion of the crowd gathered at the ULTRA gate along St. Martin Street while the rest massed in front of the LRP gate along Capt. Javier Street. The LRP gate serves as an exit route for vehicles but it had always been used as an entrance for the audience in previous events.

The LRP gate was manned by 23 Goldlink security guards, four crowd control officers, 10 members of the Pasig City Traffic and Parking Management Office, five members of the Barangay Security Force and two policemen.

Between 3 a.m. and 4 a.m. of that morning, the Wowowee production staff allegedly made repeated announcements that only 17,000 people will be allowed to enter the venue.

At around 6 a.m. the LRP gate was opened and people began to enter smoothly. However, another announcement that tickets would be given on a first come-first served basis with priority given to those in the official queue began to agitate the crowd, which then started jostling and became uncontrollable. The guards manning the LRP gate then hurriedly closed the gate but this did not stop the crowd.

A mad rush towards the entrance occurred and people surged forward, down the uneven sloping terrain of the LRP entrance, causing many to tumble and fall.

Several fans were pinned down and crushed by the oncoming wave of people. Several victims were pinned to death while others were seriously injured.

An investigation was later conducted by the National Bureau of Investigation, which recommended to the DOJ that Revillame and the other officers of ABS-CBN be charged with reckless imprudence resulting in multiple homicide and serious physical injuries.

The NBI accused Revillame of being responsible for “enthralling the people with fabulous prizes and raising their hopes in winning the prizes at stake and without which no crowd could have gathered outside ULTRA.” Revillame’s utterances, said the NBI, were allegedly made recklessly, “without regard to the safety of the crowd as he was supposedly aware of the buildup but did nothing to prevent the same.”

The NBI’s investigation report was treated as a formal complaint affidavit by the DOJ’s panel of investigators and the respondents were then ordered to file their respective counter-affidavits.

In his counter-affidavit, Revillame denied the NBI’s allegation and insisted that he hosted the show in accordance with the script and format set by the show’s creative and production staff.

Revillame also insisted that his act of inviting the public to attend the show’s first anniversary could not have been the proximate cause of the multiple deaths and injuries, as his invitation to the public was made in good faith in the performance of his duty as the show’s host.

He also stressed that the three shows aired prior to the Feb. 4, 2006 anniversary show where he allegedly invited the public in a reckless manner, were pre-taped and could not have caused the stampede.

The assailed resolution asserted that Revillame’s invitation was the primary cause of the crowd congestion that eventually resulted in the stampede.

But the DOJ said that upon careful reconsideration of the facts and evidence on record, it concluded that there was a “misapprehension of facts” and that there are findings “not grounded on what actually transpired, but upon conjectures.”

“Contrary to the conclusions arrived at in the assailed resolution, it is quite manifest that Revillame’s acts of inviting the public to watch the first anniversary celebration was not the proximate cause of the stampede. The invitation was not, so to speak, the spark that eventually led to the explosion,” the DOJ said.

“The assailed resolution should have taken into consideration that in respondent-appellant’s (Revillame) counter-affidavit, he alleged that the three shows prior to the scheduled anniversary celebration were all pre-taped. This circumstance effectively negated the resolution’s conclusion that Revillame, despite knowledge of the crowd congestion outside the ULTRA, recklessly continued to invite more people to the venue, and thereby contributed to the tragic consequences,” the DOJ said.

“At the time Revillame uttered the supposedly reckless statements, a crowd was yet to gather outside the venue; hence, he could not have recklessly invited more people to join the already restless throng,” the DOJ added.