Ombudsman, Puno liable for hostage tragedy - IIRC

An undersecretary close to the president, senior police and government officials, and media practitioners may be held liable over the August 23 hostage incident that left eight Chinese tourists dead, President Benigno Simeon "Noynoy" Aquino III announced Monday, citing the report of the Incident Investigation and Review Committee (IIRC). In a press conference, Aquino said the IIRC recommended administrative or criminal sanctions against the following: * Undersecretary Rico Puno of the Department of Interior and Local Government; * Ombudsman Merceditas Gutierrez; * Former Philippine National Police Chief Director General Jesus Verzosa; * Former Manila Police District (MPD) Chief Superintendent Rodolfo Magtibay; * National Capital Region Police Office (NCRPO) chief Director Leocadio Santiago; * Manila City Mayor Alfredo Lim and Vice Mayor Isko Moreno; * Negotiator, Superintendent Orlando Yebra; * Manila Police Special Weapons and Tactics Unit head Chief Inspector Santiago Pascual; * Erwin Tulfo and Michael Rogas, from Radyo Mo Nationwide Aquino added that "three networks" and a deputy ombudsman may also be held liable, but did not give details. Justice Secretary Leila de Lima told reporters that Deputy Ombudsman Emilio Gonzalez III, the DZXL Station manager, and television "channels 2, 5, and 7" were also named in the report. She did not specify the possible sanctions against the three broadcast networks, but said, "Hindi ganun kabigat but I don't want to disclose it... Yung mga possible violations ng Code of Ethics." On August 23, a dismissed senior police inspector, Rolando Mendoza, hijacked a bus carrying 21 Hong Kong tourists and four Filipinos. He was demanding for his reinstatement and the dismissal of a pending case against him in the Office of the Ombudsman. However, at the end of an 11-hour standoff, Mendoza and eight Hong Kong tourists were killed. Aquino made the disclosure after the Philippine government sent a copy of the report to the Chinese ambassador. He said the IIRC's findings will be posted on the government's Official Gazette, www.gov.ph. "As I am now leaving on an important mission, I want to emphasize that I do not want make decisions regarding such important matters without a thorough review. I will study their findings upon my return, and decide accordingly," Aquino said. Aquino will leave with a 55-member delegation for the United States at 10:30 p.m on Monday. The delegation is expected to return on September 28. "I will release the committee’s recommendations alongside the legal team’s evaluation and recommended course of action at that time," he added. Aquino said he has ordered Executive Secretary Paquito "Jojo" Ochoa Jr. and Chief Presidential Legal Counsel Ed de Mesa to review the report before he acts on the IIRC's recommendations. "I think reasonable people will not begrudge me the time necessary to go through the 83 pages and the 10-volume set of annexes to find out if there's evidence sufficient enough to file [charges], especially criminal proceedings. At the same time I'm reminded there is presumption of innocence until proven guilty. I don't want to pillory people who might not be guilty or as guilty as they have been portrayed to be," said the president. "It's possible that I may subscribe to the entirety, I may add to the recommendations, I may diminish some of the actions," he said. Still to be reviewed Aquino refused to comment on the nature of the possible charges against those the IIRC said could be held accountable. "I'd rather not discuss the recommendations at this point in time. Any comment on my part will unduly influence those who have been tasked to review towards implementing the recommendations," he said when asked if the media members implicated in the incident could be held criminally liable. Aquino, however, indicated his dismay over the failure of police negotiators to contact Mendoza over the phone because the latter was being interviewed by a radio journalist. "Why should the negotiator be hampered in his ability to communicate with the hostage taker that he's trying to talk down because he has to wait in line to other parties that are communicating with him who are not trained in negotiations?" the president said. He reminded the media that "rights should always come with responsibilities." Aquino, who had earlier said that heads will roll over the incident, assured the public he would not spare his longtime friend Puno if there is found to be sufficient evidence against the latter. Aquino had designated Puno, the undersecretary for peace and order, to be in charge of police matters within the DILG. "Una kong obligasyon sa taong bayan, hindi dun sa friendship, hindi sa kamag-anak, hindi sa kapartido. So kung mapapakita at nandon sa report, may mga punto na na-raise kung saan tila siya'y nagkulang, tingnan natin kung masusuportahan nga ng facts and it will stand up," he said. Aquino said he is hoping that Ochoa and De Mesa will be done with the review of the IIRC report after his week-long working visit to the United States. Smoother relations with China hoped The president said he is hoping that the government's action on the IIRC report would repair the country's relations with China. "I'm hoping it will restore confidence that we know how to run our country and that we have taken appropriate actions to prevent such tragedies from happening again," he said. Aquino said the government is committed to implementing the necessary changes to upgrade the capabilities of local government units and police and security forces to ensure the safety of the public. He also reiterated that the government is reviewing and improving its procedures and protocols for emergency and crisis situations, and that a draft of a new crisis management manual is now being prepared. The Aquino government's handling of the hostage crisis drew criticism from the international and local community. Analysts and observers pointed out that the police appeared to lacked the skills and equipment to respond properly to the situation. The media's live coverage of the hostage crisis has also been widely criticized. Recommendations withheld Meanwhile, De Lima said the IIRC respects President Aquino's decision to withhold important sections of the report to the public pending further study by Malacañang. "We will stand by our report, but since the IIRC's mandate is only recommendatory, we respect the decision to have it studied so that the charges to be filed will be definite," she added. The copy of the report uploaded in the Official Gazette did not include the following portions: Accountability, Recommendations, Highlights, and Epilogue. De Lima said the President authorized the release of the names "to preempt any speculation that there will be whitewash" in the investigation. She added that Mr. Aquino has the prerogative to modify the list of names and the nature of IIRC's recommendations. She hinted that the policemen are facing charges for their supposed omissions, negligence, or lapses during the hostage crisis. The justice chief said the IIRC did not specify the exact criminal charges so that the President can freely determine the liability of the officials named in the report. "We made it general and open-ended. We (IIRC members) don't want to be boxed," said De LIma. Asked whether these charges may include reckless imprudence resulting in homicide, De Lima replied: "It's possible." – With a report from Sophia Dedace/VVP/KBK/YA, GMANews.TV