Senate to probe Iloilo capitol assault; DILG justifies use of force

The Senate will investigate whether police commandos used excessive force when they stormed the Iloilo provincial capitol on Wednesday to drive out Gov. Niel Tupas, who had been dismissed on orders of the Office of the Ombudsman.

In a statement, Sen. Franklin Drilon said television footage showed heavily armed police commandos in combat gear manhandling unarmed civilians inside the capitol.

"The use of excessive force against unarmed civilians, including women, is completely unjustified," he said. "This fiasco at the Iloilo capitol has given the Arroyo government another black eye before the international community."

Drilon is chairman of the Senate committee on public order, and the committee on local governments.

Sen. Ralph Recto also condemned the attack on the Iloilo provincial capitol, where police commandos smashed the glass doors to gain entry into the barricaded building.

"The firepower of 200 cops to serve an order of dismissal is an abusive use of force," he said.

Recto said there is a "very thin line" that divides reasonable force from excessive force.

"We need to warn police officers against use of excessive force," he said.

"A cop may have the right to use force as is reasonably necessary in the performance of his duties, but his right is limited by a citizen’s right, and that includes Governor Tupas, to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures."

Despite these criticisms, Interior Secretary Ronaldo Puno lauded yesterday the police commandos who assaulted the Iloilo provincial capitol on Wednesday.

"All the members of that group deserve commendation," he said.

"Obviously, the mission was accomplished and there was no casualty, no one was hospitalized. But to the extent that some people violated the instructions of the regional director and pointed firearms at individuals, which I understand they were specifically told not to do, the PNP chief will take the necessary actions on those who did not follow the police procedure for that particular operation."

Speaking to reporters at Camp Crame in Quezon City, Puno said "there were very disturbing footage of the clearing operations" and instructed PNP chief Director General Oscar Calderon to look into the reported gun-poking incident.

"Let me just say, whenever there is a clearing operation it is not a pleasant experience," he said.

"Whether the PNP is clearing a demo in an unauthorized place… whether they are clearing any kind of place where people who are not supposed to be there are there, there will always be pushing and shoving etc."

Puno said he was told by Undersecretary Wencelito Andanar, who personally went to Iloilo, that "the initial report was not very reassuring."

"When our regional director went into the capitol, provincial jail guards were in the premises apparently armed, and they were following instructions of the governor," he said.

Tupas has asked the Senate and the National Police Commission to probe Wednesday’s attack on the capitol by police commandos who had come to arrest him.

Independent probe

Commission on Human Rights Chairwoman Purificacion Quisumbing ordered yesterday CHR regional director Dave Bermudo to conduct an "independent investigation" on the incident.

"The graphic pictures of what happened (Wednesday) were very shocking," she said. "Police were acting like soldiers in a conflict area."

Quisumbing said police commandos abused their authority when they smashed the capitol’s glass doors and manhandled civilians with the unnecessary use of long firearms.

"There are ways of dealing with it under the law that is appropriate," she said. 

"If someone committed a violation of the law, the police can arrest him or her in a proper manner that is in unity with the law and not like an attack."

Quisumbing said the actions of authorities should always be within the bounds of the law, including international treaties on human rights.

"The PNP should look into this incident," she said." If they don’t then I think there is something wrong with authorities. If they would stand by the actions of some of the policemen there by saying that the actions were within their rules, we would question their rules."

The CHR is gathering information regarding the assault on the Iloilo provincial capitol last Wednesday, Quisumbing said.

Meanwhile, Iloilo provincial officials demanded yesterday that the officers and members of the 6th Regional Mobile Group who participated in assaulting the capitol be taken out of Western Visayas.

The Provincial Legal Office is mulling filing cases against the Western Visayas police headed by Chief Superintendent Wilfredo Dulay Sr.

Dulay was reported to have apologized to Tupas for assaulting the capitol.

Provincial Administrator Manuel Mejorada said they will make Dulay pay for the damages to the capitol’s steel fence and glass doors, which were destroyed as police commandos stormed the building.

On the other hand, Vice Gov. Roberto Armada, who was earlier sworn in as Iloilo governor, said it was "necessary" for the police to storm the capitol because Tupas refused to leave his post.

They will ask the Court of Appeals to lift the temporary restraining order issued Wednesday afternoon, a few minutes before police commandos were able to force their way into the office of Tupas, he added.

Lawyer Ma. Rita Bascos-Sarabia, Armada’s spokeswoman, said nobody has the right to "seize and take control" of the capitol.

"Look at what they did, they turned the capitol into their residence," she said.

Sarabia said that they will immediately ask the CA to lift the TRO once they receive a true copy of it.

Armada and Emmanuel Gallar have already taken their oath, assumed office and discharged their functions as governor and vice governor, respectively, she added.

Sarabia said the act sought to be restrained by the TRO has already been rendered "moot and academic."

They will proceed with the filing of a sedition case against Tupas, Mejorada, Board Members Niel Tupas Jr., Domingo Oso and Iloilo Rehabilitation Center warden Juan Mabugat for preventing Armada and Gallar from entering the capitol, she added.

Board Member Tupas said that Drilon, and Senators Rodolfo Biazon, Pia Cayetano and Francis Pangilinan assured them that the Senate will look into Wednesday’s incident.

The board member, his sister Niellete, and some of their supporters were also bodily assaulted by police commandos.

An estimated 300 policemen, including two truckloads of heavily-armed commandos seized the capitol on Wednesday to arrest Tupas.

Tupas and his supporters have been encamped at the capitol since Sunday afternoon, defying the Office of the Ombudsman’s order for his dismissal.

Tupas and Board Members Oso and Cecilia Capadosa were ordered dismissed by Ombudsman Merceditas Gutierrez in connection with the governor’s financial assistance to a board members’ convention in the absence of an appropriation.

Andanar swore into office Monday Armada as governor and Gallar as vice governor. — With Cecille Suerte Felipe, Ronilo Ladrido Pamonag, Mike Frialde, Katherine Adraneda, Helen Flores