A panel of prosecutors from the Department of Justice recommended last Wednesday that Fernando, Pasig City Mayor Vicente Eusebio and other officials be investigated for possible liability aside from "Wowowee" broadcaster ABS-CBN and the show’s organizers.
Eusebio, who had earlier blamed the show’s organizers for the tragedy, said he was ready to face any investigation while Fernando expressed surprise at his agency’s inclusion.
"It is hard to understand why we’ve been dragged into this and become one of those to be investigated. The main concern of the MMDA is traffic and garbage, and not crowd control," he said in an interview.
Fernando added that MMDA personnel rushed to the scene to help upon learning about the tragedy. He refused to make any further comment until being furnished with a copy of the complaint against his agency.
Aside from Fernando and Eusebio, a four-member panel of state prosecutors said Philippine Sports Commission (PSC) Chairman William Ramirez, Pasig police chief Senior Superintendent Raul Medina and local barangay officials may also be held directly or indirectly responsible.
Two security agencies providing security at the show’s venue, Philsports Arena, are also to be investigated. The PSC was included because it manages the stadium.
The National Bureau of Investigation (NBI), which is currently conducting a probe to determine if anyone should be held liable and charged, has summoned 10 ABS-CBN executives and organizers of the show, including host Willie Revillame, for questioning next week.
"We invited them to shed light. We believe that ABS-CBN would be willing to cooperate," said agent Rosauro Bautista.
The panel of prosecutors based its recommendations on the report submitted by a fact-finding inquiry formed by the Department of the Interior and Local Government (DILG) to investigate the tragedy.
Earlier, the DILG inquiry — which included Eusebio and Medina — concluded that the show’s organizers and ABS-CBN 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.
ABS-CBN had earlier demanded another "impartial investigation" of the stampede, noting that members of the DILG panel included police officials who ABS-CBN claimed should share blame for the tragedy.
Network officials maintained that organizers of "Wowowee" did all they could to ensure safety.
They point to their Jan. 17 letter to Mayor Eusebio seeking a permit for the show, saying they sought security assistance from local authorities because a stampede for tickets was a possibility. They sent a copy of their letter to the local police.
Eusebio, however, blamed the show’s organizers for not coordinating with the police.
Some 30,000 people had massed outside Philsports Arena to get into the live broadcast of "Wowowee" in 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. — Rhodina Villanueva, Christina Mendez, Evelyn Macairan