Noy finds 8 liable for hostage fiasco

MANILA, Philippines - 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.