Lawyer files charges vs DILG chief over Iloilo capitol assault

Interior Secretary Ronaldo Puno was sued before the Ombudsman for the violent assault on the Iloilo capitol by elite policemen enforcing a dismissal order on Gov. Niel Tupas.

Puno is accused of violating the Code of Conduct for Public Officials for allegedly ordering and abetting "the illegal, unjust and oppressive, if aborted, eviction from the Iloilo capitol" of Tupas.

"Consequently, innocent and helpless civilians were unnecessarily intimidated with the use of armalites, glass walls were unnecessarily smashed and excessive military forces were employed," lawyer Oliver Lozano said in a two-page affidavit.

"Every blow upon person and property in Iloilo was a blow upon the Constitution, freedom, justice, democracy and decency," he said.

Lozano said it was Puno himself who ordered the assault and thus should be made to answer for human rights violations and damage to property.

Thirty heavily armed policemen belonging to the elite Special Action Force were involved in the assault on Jan. 17.

Asked for comment, Puno said he is prepared to defend his action in court.

"I wish him good luck for his senatorial bid," he said. Lozano will run for senator in May. Puno said he was just following a court order, and that he could be charged with dereliction of duty if he did not enforce the dismissal order.

He also said he wanted to know the names of the 200 local officials facing suspension or dismissal before the Ombudsman so that he could inform them and give them time to prepare. "We do not want another Iloilo," Puno said.

Lozano said that under the Ombudsman Act, a private citizen can file a complaint against erring public officials. Violation of the code of conduct for public officials is punishable by imprisonment and disqualification from public office, Lozano said.

Lozano said he was wondering why Puno was more restrained in enforcing a suspension order on Makati Mayor Jejomar Binay.

"In the case of Mayor Binay, he (Puno) did not use force when he (Binay) refused to vacate. That could have been done in the case of Governor Tupas," he said.

Tupas was at the Senate yesterday for the start of the investigation of the Iloilo assault.

"I am here today to support the Senate investigation to identify those responsible for the blatant display of police brutalilty and excessive force during the infamous siege of Iloilo capitol. I am here to support truth and justice," Tupas said. He was accompanied by his wife and son, who is also an Iloilo board member.

"Bear in mind that in the end, you will be answerable to the sovereign Filipino people and not to whoever is currently in power," Tupas said.

Senators Franklin Drilon, chairman of the committee of public order, and Alfredo Lim, also condemned the Iloilo siege in separate privilege speeches.

Drilon described the incident as a "deliberate attempt to silence dissenting voices in the local governments."

He called for the resignation of Puno, Justice Secretary Raul Gonzalez, Chief Superintendent Wilfredo Dulay and the members of the Regional Mobile Group.

"The public consensus cannot go wrong, all rights were desecrated by those men in uniform all of whom failed to remember that only legal orders must be followed, no more, no less," Lim said in his speech.

PNP chief takes charge

Philippine National Police (PNP) Director General Oscar Calderon is set to fly to Iloilo to take over the investigation of the Iloilo siege. But he stressed his decision was not prompted by dissatisfaction with the initial investigation by the Criminal Investigation and Detection Group (CIDG) Director Edgar Doramal.

"We will consult the community (in Iloilo) to determine the real score in the raid," Calderon said.

Tupas will talk about the "triumph of democracy and justice" in his State of the Province address today.

Provincial Administrator Manuel Mejorada said the governor will also denounce the human rights violations committed by the policemen involved in the capitol siege.

Meanwhile, the Union of Local Authorities of the Philippines (ULAP) called for a moratorium on the issuance of suspension and dismissal orders on local officials by the Ombudsman.

ULAP spokesman and Eastern Samar Gov. Ben Evardone said a moratorium could help "ease the tension on the political front and avoid possible conflagration as we enter the campaign season.

"We expect the political atmosphere to heat up to the run-up to the May 14 polls," Evardone said. "Lest we be accused of interfering in the judicial processes, ours is just an appeal."

He said the suspension and dismissal orders are "causing fear and jitters among local government units."

Evardone said ULAP will meet with President Arroyo on Feb. 2 to discuss the matter.

Administration mayors last week said Mrs. Arroyo vowed to look into the alleged lack of due process in the enforcement of suspension and dismissal orders against local officials.

"I will look into that," League of Cities of the Philippines president and Iloilo City Mayor Jerry Trenas quoted Mrs. Arroyo as telling him during a brief meeting with the President on the sidelines of the 1st LCP national convention at the Manila Hotel. — With reports from Cecille Suerte Felipe, Christina Mendez, Ronilo Ladrido Pamonag, and Paolo Romero