Leaked draft of Palace review clears Puno, Isko

MANILA, Philippines - President Aquino wanted Interior and Local Government Undersecretary Rico Puno held liable for the Aug. 23 hostage crisis but a draft of the Palace review of the incident investigation and review committee (IIRC) report circulating as of yesterday showed that his legal team decided to absolve his controversial friend from any charges.

“The President believes that Usec. Puno should be held accountable for his judgment and performance as an official of the DILG and his continued tenure as DILG official is subject to the President’s review,” read the action plan/statement of the draft.

The STAR earlier reported that Puno and Interior Secretary Jesse Robredo would be spared from any charges. 

The draft has confirmed what sources had relayed to The STAR but the Palace said nothing would be official until the President himself releases the final report. 

ABS-CBN ran a copy of the draft that also showed the Palace legal team recommending charges of reckless imprudence against two media practitioners – Erwin Tulfo and Michael Rogas of radio station dzXL for interfering in the negotiations.

In the IIRC report, their cases were referred to the Kapisanan ng mga Brodkaster ng Pilipinas.

Puno earlier said he had offered to resign but was asked to stay on by Aquino.

Presidential spokesman Edwin Lacierda denied that parts of the review were being leaked to the media as a trial balloon. 

Chief Presidential Legal Counsel Eduardo de Mesa, on the other hand, said the report might already come out on Monday and that there might be additional people who would be charged.

Executive Secretary Paquito Ochoa Jr., for his part, said it would be best to wait for the release of the review. 

There were reports that Ochoa and De Mesa allegedly had different opinions on whether or not to charge certain people.

Lacierda said he was not aware of the source of the draft review and that he would check whether the President indeed ordered an investigation into the leakage.

He added that the President no longer included the hostage issue in his report on his 100 days in office because the review would be out by next week.

Based on the Palace legal team’s recommendations stated in the draft review, those who will be charged are Manila Mayor Alfredo Lim, Chief Superintendent Rodolfo Magtibay who was then Manila Police District director and ground commander of all security forces during the crisis, National Capital Region Police Office Director Leocadio Santiago, chief hostage negotiator Superintendent Orlando Yebra, the commander of the police Special Weapons and Tactics (SWAT) team Chief Inspector Santiago Pascual III, Deputy Ombudsman Emilio Gonzales III and Senior Police Officer 2 Gregorio Mendoza, brother of the hostage taker.

The Palace legal team did not recommend any charges for retired Philippine National Police chief Jesus Verzosa, Manila Vice Mayor Isko Moreno, the station manager of dzXL and media networks.

The case against Ombudsman Merceditas Gutierrez was recommended referred to the House of Representatives, where an impeachment complaint has been filed against her.

P-Noy wants leak investigated

Meanwhile, President Aquino has already ordered his aides to conduct an investigation on how copies of the review have been leaked to several media entities.

“We’re actually tracing it already, who were given copies of the report, where was it, who would have copies of the many revisions that were done,” he told reporters in Isabela when asked how a TV network managed to get a copy of the review when he has yet to make it public. 

Conflicting reports have been coming out from sources in the two warring factions of the Aquino Cabinet, which may have included the President himself, who had hinted to a journalist that some personalities will be facing sanctions. 

Mr. Aquino nonetheless took the opportunity to justify why his supposed announcement was delayed for another week, citing the vagueness of some of the recommendations made by the IIRC panel, specifically that of Justice Secretary Leila de Lima. 

“I had a long discourse with my lawyers. They were explaining the fundamentals. To be a criminal offense there has to be a crime that has been committed that is based on a particular law,” the President pointed out.

“So the legal review took a little time. The political dimension took also a little time. But more importantly, the messages have to be sent, they should be very clear so that these laws have to be followed,” he added. 

Mr. Aquino also asked the public to give him until this weekend to make his decision on the IIRC report and the review done by his legal team headed by Ochoa because he will make the announcement on Monday.

Puno on the way out?

The President also disclosed that his latest meeting with Puno was no longer smooth sailing, as he had pointed out to him several errors he committed during his attendance at the Senate hearing on the illegal numbers game jueteng. 

The President hinted that Puno, a very close friend and shooting buddy, also had skills other than firing, which could mean a transfer of assignment. 

Puno is a product of UP Los Baños where he obtained his degree in agriculture.

De Lima – who wanted the purported leak of the full IIRC report probed but wanted it released in full at the same time – said they are in the process of finishing the final phase of the report, which will focus on institutional reforms. The justice secretary stressed that the second phase is equally important since its aim is to prevent the occurrence of such an incident in the future. 

“The IIRC will be issuing requests to various agencies for the production of certain documents. Likewise, similar requests would be mailed to several resource persons to help us during the review. We will ask for guidance,” De Lima said. – With Delon Porcalla