MPD: Slain hostage-taker charged to establish brod's liability

MANILA, Philippines - A slain ex-Manila police official who held hostage 21 Hong Kong tourists was included in the charge sheet for serious illegal detention in order to establish the criminal liability of his policeman-brother, a Manila police official said yesterday.

Manila Police District homicide section chief Inspector Armando Macaraeg said the MPD was receiving flak for charging in court a dead man – dismissed Senior Inspector Rolando Mendoza – who was killed when police rescue teams assaulted the tourist bus after he shot dead eight Hong Kong tourists.

According to critics, the death of a person extinguishes all his criminal liability and therefore the MPD erred in filing a case against the slain police official.

The MPD’s homicide section charged Rolando and his policeman-brother SPO2 Gregorio Mendoza with serious illegal detention before the Manila prosecutors’ office.

According to Macaraeg, Gregorio is being charged as an accomplice in the serious illegal detention case, his brother Rolando being the principal suspect.

“We are establishing the criminal liability of Gregorio, and he cannot be an accomplice to the case unless there is a principal suspect which happened to be his brother. So Rolando is being included in the charge sheet, even though he is already dead, in order that the charges of serious illegal detention will stand in court,” said Macaraeg, who admitted that he is not a lawyer. He said it is up to the prosecutor to decide on the merit of the case.    

At the same time, Macaraeg said there is no double jeopardy in filing another case against Gregorio since the earlier charge of illegal possession of firearm was filed by the MPD’s general assignment section, which handles cases against policemen.

He also said the directive of filing cases against the two brothers was contained in the Palace report on the hostage-taking fiasco.

Showing The STAR a copy, the report states, among others, “Instruct the (Department of Justice) to expedite the resolution of two criminal cases currently lodged against SPO2 Gregorio Mendoza. Furthermore, the MPD may be directed to file the appropriate complaints for illegal possession of firearm and as an accomplice of his brother Rolando Mendoza for serious illegal detention.”