IIRC respects review, Noy's decision

MANILA, Philippines - Panel members of the incident investigation and review committee (IIRC) said they respect the decision of President Aquino to modify their recommendations against officials found liable for the hostage-taking incident in Manila’s Rizal Park that resulted in the death of eight Hong Kong tourists on Aug. 23.

Justice Secretary Leila de Lima, IIRC chair, said she could only defer to the President’s decision.

IIRC members issued a statement yesterday saying that their findings and recommendations were “well-considered and respected” by the Palace legal team that reviewed the 83-page IIRC report.

“The IIRC noted that the findings of facts remain unchanged in the review process and its recommendations substantially adopted, indicating that the IIRC position was well-considered and respected. As such, the IIRC fully respects the Palace review process,” the IIRC members said.

They stressed that they were aware that their report was just recommendatory in nature and would still be subjected to the prerogative of Mr. Aquino: “The President exercised his executive prerogatives judiciously.”

“The IIRC believes that the action plan of the President will result in the imposition of the appropriate sanctions against those culpable.

“The IIRC trusts that the Palace action plan will put closure to the issue of accountability for the hostage-taking incident,” they added.

The IIRC recommended the filing of appropriate charges against Interior Undersecretary Rico Puno, retired Philippine National Police chief Jesus Verzosa, National Capital Region Police Office chief Director Leocadio Santiago, Manila Police District director Chief Superintendent Rodolfo Magtibay, chief negotiator Superintendent Orlando Yebra Jr., and Chief Inspector Santiago Pascual, head of the MPD Special Weapons and Tactics (SWAT) unit.

Also included were Ombudsman Merceditas Gutierrez and Deputy Ombudsman Emilio Gonzales, Manila Mayor Alfredo Lim and Vice Mayor Isko Moreno.

The panel also recommended the filing of charges against broadcasters Erwin Tulfo and Mike Rogas of RMN/dzXL, and the station manager of dzXL.

The IIRC also found liable executives of the country’s three biggest television networks – ABS-CBN Channel 2, GMA-7 and ABC TV-5.

The IIRC had also recommended the initiation of criminal actions against six officials, but the President made no mention of any criminal charges in his action plan.

“The IIRC thought they could still be charged, but unfortunately the presidential legal team – as sustained by the President – did not agree because they only looked into what’s in the manual and protocol. The IIRC had a different view,” De Lima lamented.

De Lima said she could only respect the presidential legal team in not finding ample basis from the factual findings to pursue any criminal proceedings against those found liable in the botched operations, which also left dead the hostage taker.

“That is their view, and we respect the result of the evaluation,” she stressed.

“If you noticed, our report is very open ended. We did not specify criminal cases or charges in our recommendations because we felt there is really a need for a closer look at the facts to determine what should really be filed,” she added.

De Lima also admitted that it was even stated in the IIRC report submitted to the Palace that lapses on the part of those three were not covered by any manual or rules.

Another IIRC member, lawyer Roan Libarios of the Integrated Bar of the Philippines, could not help but express dismay over the Palace review.

He said that while they respect the decision of the President, the IIRC would stand by its earlier recommendations that include filing of criminal charges against some officials.

“Since we already said that we stand by our recommendations, so the conclusion is that we are not convinced on the outcome of the review process. But we respect the position of the President and we respect the outcome of the process, of the outcome of the review process conducted by Palace,” Libarios said in a TV interview.   

The Manila police chief earlier went on leave while five other police officers were relieved because of their hesitation and lapses during the assault on the tourist bus where dismissed policeman Senior Inspector Rolando Mendoza held the Hong Kong tourists hostage.

Mendoza, who was dismissed from the police force last year for extortion, commandeered last Aug. 23 a Hong Thai Travel tourist bus in Intramuros and held hostage 21 Hong Kong tourists and four Filipino guides for several hours in front of the Quirino Grandstand at Rizal Park.

The suspect, armed with an M16 rifle and a pistol, had released several hostages before the SWAT team assaulted the bus resulting in the death of the hostage taker and eight tourists.

Police hostage negotiators said Mendoza turned violent due to frustrations after failing to get his demand to be reinstated to the police force.

Mendoza also started shooting the hostages when he saw on the television inside the bus live footage of his brother, Senior Police Officer 2 Gregorio Mendoza, being arrested.

Gregorio was accosted for failing to help in the negotiation.