Senate censures Puno, Gonzalez over Iloilo capitol assault

The Senate has censured Interior Secretary Ronaldo Puno for the police assault on the Iloilo Provincial Capitol on Jan. 17, and Justice Secretary Raul Gonzalez for his "unwarranted interference" in the investigation of the graft case against Iloilo Gov. Niel Tupas Sr.

During a late night session on Wednesday, the Senate adopted the report of its committee on public order and illegal drugs, and committee on local government that Puno and Interior Undersecretary Wencelito Andanar be censured for "prematurely enforcing" the Office of the Ombudsman’s order dismissing Tupas and Provincial Board Members Domingo Oso Jr. and Cecilia Capadosa.

In recommending the censure of Gonzalez, the two Senate committees reported: "As can be shown from the testimonies in the Senate hearing, the DOJ Secretary was shown to have an unwarranted interest in the case of Governor Tupas because he was even the one who announced on air from Jan. 14 to 15, that the dismissal order against Governor Tupas was forthcoming.

"What is even more revolting is the fact that although it is not his mandate to investigate anti-graft complaints, he assumed the investigation of these cases. And even more repulsive is his vigorous denial of his involvement."

On the police assault, the report said: "Some of the members of the Regional Mobile Group have acted beyond what they should have done in a crowd control situation in this Jan. 17, 2007 incident at the Provincial Capitol.

"They went on a rampage breaking doors, smashing glass panels and even pointing their guns to Board Member Niel Tupas Jr. and his companions, who were on the floor, all unarmed. These acts were downright unwarranted and uncalled for. These deserve condemnation from the Joint Committees."

The report said only the courts, not the Office of the Ombudsman can order the dismissal of a local chief executive who was elected to office.

"It is clear in our findings that the Office of the Ombudsman is vested only with investigatory and recommendatory function," read the report.

"As envisioned in the Constitution, the Ombudsman cannot directly discipline an erring public officer or employee. Its authority is to direct the proper disciplining authority to take appropriate disciplinary action against the erring officer or employee and to recommend his or her dismissal or suspension or prosecution."

The report said there was an unwarranted use by police commandos who committed "highly offensive acts" against civilians during the assault on the provincial capitol.

"It is evident that the PNP clearly did not adhere to its own Operational Procedures and Rules of Engagement as there was excessive use of force and violent enforcement of the dismissal orders for Governor Tupas as graphically captured on video and TV," read the report.

Speaking on ANC Television, Sen. Franklin Drilon, Senate committee on public order and illegal drugs chairman, said censure by the Senate was a "main consideration" during the scrutiny of the appointments of the two Cabinet officials at the Commission on Appointments.

"It’s (censure) an admonition that they were not prudent in the performance of their functions," he said.

"It is obviously an overkill. The DILG should have known that the order is not yet final and they used excessive force to enforce what appears to be a patently illegal order."

The committee on local government is chaired by Sen. Alfredo Lim.

Drilon sought for the reassignment of Western Visayas police director Chief Superintendent Wilfredo Dulay as a result of the Senate investigation.

"We in the Senate, ask that they be reassigned so that the witnesses not be intimidated and there can be an impartial investigation," he said.

The Senate investigation has determined that the police commando team that assaulted the Iloilo Provincial Capitol violated the rules of engagement of the Philippine National Police and used "excessive force" against unarmed civilians, he added.

Meanwhile, Puno said his directive to the PNP to enforce the dismissal order of the Office of the Ombudsman against Tupas prevented the deterioration of peace and order at the Provincial Capitol.

"While we respect the findings of the Senate committees that investigated the Iloilo incident, we would like to make it clear that the DILG had not acted prematurely in enforcing the Ombudsman’s order against Governor Tupas," he said.

"The department acted within the confines of the law."

The DILG had merely carried out the orders of the Office of the Ombudsman when he instructed police to "restore normal government operations" at the Iloilo Provincial Capitol three weeks ago, he added.

He might be vulnerable to charges of dereliction of duty had he failed to implement this directive coming from a higher, competent authority, Puno said. – With Cecille Suerte Felipe