Phl, Taiwan probers agree to cooperate

MANILA, Philippines - After ruling out a joint investigation with Taiwan into the fatal shooting of a suspected Taiwanese poacher off Batanes last May 9, the Philippines has agreed to at least “cooperate” with investigators sent by Taipei.

Justice Secretary Leila de Lima revealed the agreement yesterday after a meeting in Manila between the National Bureau of Investigation (NBI) and a delegation of Taiwanese investigators. The NBI is under the Department of Justice (DOJ).

Manila Economic and Cultural Office (MECO) chair Amadeo Perez Jr. assisted the Taiwanese team of prosecutors and investigators during a closed-door meeting.

De Lima said there is nothing legally wrong with a “parallel investigation,” particularly with giving Taiwanese investigators access to evidence gathered by local investigators.

“There will be coordinated efforts or collaborations between the NBI and their Taiwanese counterparts in the spirit of cooperation,” she told reporters in a press conference.

Under the agreement, the Taiwanese panel of investigators would be given access to evidence gathered by the NBI, including statements of Coast Guard personnel who shot dead 65-year-old Hung Shih-chen as well as ballistic report on firearms used.

It was also agreed that Taiwan would allow a forensic team from the NBI to fly to Taipei to examine the fishing vessel involved as well as interview companions of the victim.

The NBI would also seek a re-autopsy of the slain fisherman’s body, she added.

“It was a cordial discussion between the NBI and the Taiwanese investigators,” De Lima revealed.

The justice secretary explained that the government agreed to cooperate with the Taiwanese investigators “to show to them that the NBI is serious and sincere in undertaking its task and I think they are convinced.”

She reiterated that a “joint investigation” would not be possible as it could have implications on Philippine sovereignty and in its foreign relations – especially since the country follows a one-China policy.

“Besides, a joint probe would allow Taiwanese investigators to interfere in the NBI’s conduct of probe. And we can’t allow that because we are a sovereign nation,” she added.

De Lima added that the reported findings of Taiwanese investigators that Philippine Coast Guard (PCG) personnel had intentionally killed their compatriot were “premature.”

“As far as we’re concerned, the incident happened in Philippine waters,” she said.

P-Noy’s queries

At Malacañang, deputy presidential spokesperson Abigail Valte said President Aquino wants the PCG to clarify certain matters, including the failure of its personnel involved in the case to assist the wounded fishermen after the confrontation.

“We are banking on the investigation to shed light on some of the questions that the President had when the initial report was made to him. In particular… He did ask – and I was there during the briefing – this particular question: ‘After the Coast Guard had effectively neutralized the other vessel by firing at the machinery part, why did they leave?’ That was one of the questions that the President asked,” Valte said.

She said they “hope to see some definition or some ending to the questions that the President raised during the initial briefing that was given to him.”

She said the PCG had initially explained that the crew had to fire at the engine section of the Taiwanese fishing vessel in an effort to disable the boat, when it became apparent that it was undertaking a hostile maneuver.

“But we don’t really want to comment on the details yet because it would not be prudent for us and people might say that we already have predetermined conclusions, which we want to avoid,” Valte said.

Asked about some letters supposedly from MECO resident representative in Taipei Antonio Basilio to Taiwan agreeing to a joint investigation into the May 9 incident, Valte said that “in the interest of being thorough, there are questions raised about the letters that were sent. That’s all that I can say at this particular point, but he continues to be in contact with his counterparts there.”

“I understand that the MECO office there still continues to perform their duties, especially in light of these reported incidents on our citizens,” she said, referring to reports of Filipinos in Taiwan being harassed and even physically harmed.

Valte said they were also taking steps to ensure greater protection for migrant workers.

 â€œWe do take it to heart that we always negotiate for better terms for our migrants, especially when they go to other countries to earn their living,” she said.

Valte said that while the President was very concerned about reports of attacks on the Filipinos, “he did make the cautionary note that these reports should be verified by us independently, and that if we do verify them at the soonest – at the juncture that we do verify these incidents, that we should immediately render assistance.”

Asked about Aquino’s sentiments on sanctions imposed by Taiwan, Valte said “I’m not sure about the feelings… I didn’t center on that. I mostly asked him questions about developments as well as issues that were being raised in media, particularly on the matter of the supposed agreement to the joint investigation.”

“We understand that the tension is very high and we are hoping that, moving forward, there would be a resolution to these issues that are being raised, which is why we’ve continually appealed for calm,” she told reporters.

No ‘predetermined’ conclusion

Valte also said Philippine investigators will leave no stone unturned and will never jump to “predetermined” conclusions on the May 9 incident.

“We don’t have predetermined conclusions and then we find evidence to support that conclusion. It doesn’t work that way,” Valte said, apparently taking a swipe at Taipei’s declaration that the shooting was a “cold-blooded murder.”

Chen Wen-chi, head of the Taiwan probe team, said in a press briefing in Makati last Saturday, “It clearly shows that the Philippine law enforcers were intentionally shooting the Guang Ta Hsin 28 crew members, which indicates their intent of murder.”

“In our system, the conclusion can only follow from the evidence that is presented, and not the other way around. We have due process that we have to follow. The investigation by the NBI is already underway and we’re sticking to that,” she said.

“We don’t want them to sacrifice the quality of the investigation for any speed just to be able to meet the deadline. But they’ve assured us of the highest priority on this case,” Valte said when asked if a deadline would be set for investigators to finish their job.

Third party investigation

Sen. Gregorio Honasan, for his part, said he is supportive of efforts to make the United Nations step into the crisis.

Honasan maintained that while Taiwan fishermen had poached in Philippine waters, he still wanted a third party to conduct an independent probe.

“The bottom line is that they went to our territory and tried to harvest our natural resources. We should think twice over this,” he said.

“There could be excesses in the response or maybe an overreaction. My point is, this is a function of having clear national security and foreign policies. If these two are clear, we would have not been shocked,” Honasan said. “We might be lacking on how to assert our territorial integrity and sovereignty.”

On calls for severing the country’s economic ties with Taiwan, Honasan said the government should be ready for any potential backlash.

“Whatever decision we make, we have to pay the price of that decision. But if we will always have a heart attack on what will happen to our countrymen there, then it would be better that we bring them all back here,” Honasan said.

Sen. Francis Escudero, meanwhile, called on the Department of Foreign Affairs (DFA) to ensure the safety of Filipinos in Taiwan.

“The safety of all our countrymen in Taiwan is a matter of national interest. The DFA must do everything in its power to ensure their safety, especially since tensions have been rising in Taiwan over this incident,” Escudero said.

“The situation is unique, and it requires a unique approach. But whatever it is, it will have to be decisive and it has to come soon. The issue is an emotional one, and situations like this can change from bad to worse in the blink of an eye,” he said.

Escudero said the family of the slain fishermen deserves justice, just as Filipinos in Taiwan deserve fair treatment.

“The only way to diffuse the situation is to convince the Taiwanese government that we are pursuing the path of justice earnestly. We should find out what happened, and what led to the unfortunate slaying of the fisherman. And then let’s move on from there,” he said.

Beef up defense

Meanwhile, the Armed Forces said the May 9 incident highlights the need for the country to invest more in the country’s defense capability.

“Our mandate remains to be to protect the people and the state and to defend our national territory. We will do that with whatever we’ve got,” AFP chief Gen. Emmanuel Bautista told The STAR yesterday.

“So this is a wake-up call for all of us as a people, that we should invest in our defense and this is not solely the responsibility of the AFP. This is a national responsibility for us Filipinos,” he added.

While there are doubts on the military’s capability to defend the country’s sovereignty effectively, Bautista said men in uniform are determined to perform their duties.

“They cannot belittle the will of the Filipino people to defend (themselves),” the military chief said. With Alexis Romero, Aurea Calica, Delon Porcalla, Christina Mendez