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Magtibay admits stopping delivery of Mendoza's papers to DOJ


(Updated 10:35 p.m.) Chief Superintendent Rodolfo Magtibay, chief of the Manila Police District during the August 23 hostage crisis, admitted on Wednesday evening that he stopped the case documents of dismissed police officer Rolando Mendoza from being delivered to the Department of Justice. Speaking during the fourth day of the Incident Investigation and Review Committee's (IIRC) marathon proceedings, Magtibay, the ground commander during the hostage crisis, said he ordered PO2 Dennison Rivera to return to the command post near the Quirino Grandstand because he wanted to review the documents. "The first time that I learned that somebody is having the case folder [photocopied] to be brought to the DOJ, I ordered the one who is having it [photocopied], PO2 Rivera, to return first so that I can see what is this folder all about," said Magtibay. Last Monday, Rivera testified that he was ordered to deliver the documents to the DOJ, but he was later ordered to return to the command post. Then, for a second time, he was ordered again to bring the same documents to the DOJ, then ordered to return again to the command post. It was chief negotiator Superintendent Yebra who made the second order to recall the delivery of the documents, Magtibay said on Wednesday. "I was told by PO3 Nathaniel Manay that when PO2 Rivera, on board mobile car 343, left the command post to have the case folder delivered to DOJ, police Superintendent Yebra told him to recall and to call PO2 Rivera for them to return to the command post," said Magtibay. Executive session Magtibay, who is currently on leave, already faced the panel last Friday. But he is meeting again with the IIRC for an executive session or a closed-door meeting. The inter-agency panel is chaired by Justice Sec. Leila de Lima. Magtibay requested an executive session when De Lima asked him to clarify the details about the period when Manila Mayor Alfredo Lim ordered the Manila police to handcuff Mendoza's brother SPO2 Gregorio Mendoza. Prior to that incident, Mendoza had fired a warning shot, allegedly because his brother said the negotiators had not yet returned his firearm. Magtibay said that after Lim ordered the handcuffing of the brother, Yebra led them into a room at the command post — the Rizal Park police community precinct — to discuss another way to give in to Mendoza's demand to get his job back. The other people at the meeting were Lim and PNP Director for Legal Services Chief Supt. Herold Ubalde, according to Magtibay. "Sinabi sa amin ni Colonel Yebra, 'Sir, mayroon akong sinabi kay Captain Mendoza na kung sakali, at kung ang PNP ay papayag, i-hold muna for the meantime ang implementation ng dismissal order...' I remember ang sinagot ni Captain Mendoza, as relayed by Superintendent Yebra, 'Pwedeng pag-usapan yan,'" said Magtibay. (Colonel Yebra told us, ‘Sir I said to Captain Mendoza that if ever, and if the PNP agrees, we should hold for the meantime the implementation of the dismissal order…’ I remember that the answer of Captain Mendoza, as relayed by Superintendent Yebra, was ‘That can be discussed.’) When asked about more details about the meeting, Magtibay replied: "If I [will] elaborate, ma'am, I would request that I will say it in an executive session. This is part of our technique in a negotiation." Timeline mix-up clarified Also on Wednesday, desk officers of the MPD's Tactical Operations Center (TOC) and the Special Weapons and Tactics (SWAT) admitted mistaken time stamps were entered into their logbooks or blotters that contained entries made during the hostage-taking's first hour. To recall, bus driver Alberto Lubang and tour guide Diana Chan earlier testified that Mendoza hijacked the bus sometime between 9:45 to 9:50 a.m. of August 23. However, De Lima cited the affidavits of the SWAT team, which said they received the report of the hostage-taking at 9:07 a.m. (See: De Lima questions timeline mix-up in hostage tragedy) On Wednesday, SWAT desk officer SPO2 Erwin Ariel Concepcion presented the blotter and it was revealed that at least nine time entries were one hour late. Thus, what was recorded as 9:07 a.m. should have been recorded 10:07 a.m. This prompted Justice Sec. Leila de Lima to criticize Concepcion. "9:07 was your original radio call from Dragon [TOC] re alleged hostage-taking at one tourist bus at Quirino Grandstand … You placed 8:45 but should have been 9:45, 8:50 but (should have been 9:50), 9:07 but should have been 10:07. Baka nalito ka na kasi you started with the wrong time," said De Lima. Concepcion later admitted that he looked at the clock's long hand only and not at the short hand. He also admitted that he corrected the wrong time entries when he saw the live coverage of last Monday's hearings, when De Lima pointed out the supposed time discrepancies. Why was Yabut there? Magtibay also explained that MPD Public Safety Battalion head Supt. Nelson Yabut, who joined the SWAT team's assault even if he was not part of the team, "got carried away." "He was not part of the assault team," said Magtibay, who later admitted that Yabut's move was not allowed by police assault protocols. "How would you explain his role (in the assault) then?" asked IIRC member Roan Libarios. Magtibay recounted Yabut as telling him that "in his eagerness to hasten the solution, he got carried away and found himself in the company of the SWAT team." "I believe, your honor, things went fast and the action of Superintendent Yabut is based on his personal desire to initially monitor but he found himself in the company of the assault team," he added. Libarios then cited assault experts' criticisms that the SWAT team violated all principles of assault, such as the elements of surprise, speed, and decisive action. But Magtibay defended his men and said they did their best. "I believe the violation is not intentional. I believe the assault team went there with the thoughts in their minds that their action would save hostages, and the assault was not completed on time due to circumstances beyond the control of the assault team, your honor," Magtibay told Libarios. The on-leave MPD chief also denied that he received an order that a better-trained Special Action Force (SAF) from the National Capital Region Police Office (NCRPO) was supposed to take over the MPD's SWAT team as early as August 23 afternoon. "The message that I received was that the SAF is ready. If I felt the need to utilize the SAF, it is the regional director (NCRPO head Director Leocadio Santiago) through Superintendent Remus Medina (who told me) by phone that the SAF can be utilized for the operation if needed," said Magtibay. At the height of the hostage crisis, Magtibay chose to deploy his own MPD-SWAT team instead of asking for help from the SAF. Sorry for the unnecessary loss of lives Magtibay also issued an apology for the deaths of the eight Hong Kong hostages, saying he and his men did their best to save lives. The Philippine police force has drawn much criticism from the international community for the bungled rescue attempt. It was his first public apology, even as he already said sorry to the victims' families last week through an interview with reporters. (See: Magtibay apologizes for 'loss of lives') "I am sorry for the unnecessary loss of lives but I honestly believe that we did our best and in fact we were able to save a number of hostages. It's just too bad and still I'm sorry for the loss of eight lives of the foreigners," said Magtibay, reading a prepared statement. —LRS/JV, GMANews.TV
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