Aquino holds police liable for hostage tragedy but not Puno

(UPDATED 7:30 p.m.) President Benigno Simeon Aquino III ordered the filing of charges against seven people for their alleged mishandling of the August 23 hostage tragedy but he did not hold the media and his longtime friend Interior Undersecretary Rico Puno liable for the incident. At a press briefing in Malacañang on Monday, Aquino revealed that the administration has chosen not to follow the recommendation of the Incident Investigation and Review Committee (IIRC) to sanction Puno, recently retired Philippine National Police Chief Director General Jesus Verzosa, and Manila City Vice-Mayor Isko Moreno. No charges will be filed against any broadcast station or against broadcasters Erwin Tulfo and Michael Rogas. However, Aquino warned that the Palace would ask Congress to pass appropriate laws if journalists repeat the mistakes they committed during the crisis. "Rogas interfered in the negotiations and effectively aided and supported the hostage taker by giving him a platform to air his demands. Tulfo, by his own admission, violated police instructions. Their behavior was irresponsible bordering on criminal," Aquino said. "We expect this kind of unprofessional behavior not to be repeated again, or we could be compelled to ask Congress for appropriate regulations to protect the safety of the public, our security forces and media itself," said the president. The IIRC, headed by Justice Secretary Leila de Lima, probed the August 23 hostage tragedy wherein eight Chinese tourists from Hong Kong were killed. The hostage-taker, dismissed policeman Rolando Mendoza who demanded to be reinstated into the service, was also killed in the police assault that followed. Seven to be charged At least six people will be charged with administrative cases while the hostage-taker's brother, SPO2 Gregorio Mendoza, will be slapped with serious illegal detention and illegal possession of firearms. The IIRC had left Gregorio off the list of people recommended for sanctions. Aquino also instructed the Department of Justice to expedite the resolution of the serious disobedience and conspiracy in illegal detention cases currently lodged against Gregorio. The National Police Commission (Napolcom) was ordered to file the appropriate charges against the following:

Then Manila Police District (MPD) Chief Superintendent Rodolfo Magtibay for "gross incompetence and serious neglect of duty" because, as the on-scene commander, he "failed to take direct and full control of the situation, and he violated protocol per the Crisis Management Manual (CMC)," among others

National Capital Region Police Office (NCRPO) chief Director Leocadio Santiago Jr. for "less grave neglect of duty" because he "was the immediate superior of Magtibay but it appears that he did not closely and actively monitor how Magtibay was handling the hostage situation"

Negotiator Superintendent Orlando Yebra for "neglect of duty" for "failing to appropriately alert his superiors to be ready to take the necessary action when it appeared that Mendoza had already become more agitated and violent after reading the letter from the Ombudsman considering that Mendoza was shouting and even fired a warning shot"

Manila Police Special Weapons and Tactics Unit head Chief Inspector Santiago Pascual III for "gross incompetence" because of his "failure to formulate an adequate plan to breach the bus"

The Department of Interior and Local Government (DILG) will initiate administrative proceedings against Manila City Mayor Alfredo Lim for "misconduct in office and simple neglect," Aquino said. According to the review of the case done by Executive Secretary Paquito Ochoa, Jr. and Chief Presidential Legal Counsel Eduardo de Mesa, "If it were true that Mayor Lim ordered Gregorio Mendoza brought to Tondo and that the statement could have meant that Gregorio Mendoza was to be bodily harmed or summarily executed, Mayor Lim could be held liable for Misconduct in Office." The Office of the President will initiate administrative proceedings and an investigation against Deputy Ombudsman Emilio Gonzalez III for "neglect of duty and/or inefficiency in the performance of official duty." One of the negotiators in the hostage-taking crisis, Chief Inspector Romeo Salvador, had told IIRC probers he heard Mendoza cursing at Gonzalez for allegedly demanding a P150,000 bribe from the hostage-taker for immediate action on his case. Gonzalez has repeatedly denied the accusations. The IIRC recommended sanctions against Ombudsman Merceditas Gutierrez but the Palace chose to refer the IIRC report to the House of Representatives, which is hearing impeachment complaints against Gutierrez, for "appropriate action." Aquino noted, "The Ombudsman herself is an impeachable officer, a constitutional office, and the only avenue for investigating her would be Congress." Aquino defends Puno Last month, Aquino disclosed the names of the personalities the IIRC recommended for sanctions but did not reveal the actual sanctions recommended. Executive Secretary Paquito "Jojo" Ochoa Jr. and Chief Presidential Legal Counsel Eduardo de Mesa reviewed the IIRC recommendations, and their review became the basis of the president's orders. As undersecretary for peace and order, Puno was in charge of the PNP and reported directly to the president during the hostage crisis. The Palace review, however, said "there is no basis to file any administrative or criminal complaints" against Puno because, among other reasons, he was not part of the eight critical incidents listed by the IIRC that affected the outcome of the hostage crisis. "He had no authority to directly interfere in the conduct of the PNP operations during the incident as he was not a member of the local Crisis Management Committee," added the Palace review. Aquino also defended his longtime friend, saying Puno did his job during the crisis. "Almost all the things I tasked him to do, amongst them 'ano bang nangyayari diyan, hanap mo ko ng liaison that can brief me, talagang constantly as to what is developing,' that was done," said the president. Aquino, however, insisted that Puno's exclusion from the list of those who would be charged had nothing to do with their friendship. Puno, Robredo admonished The president said both Puno and Interior Secretary Jesse Robredo "are under observation" and that their tenure is "subject to change" depending on how they will perform their functions. "I have also admonished Secretary Robredo and Undersecretary Puno for failing to uphold the high standards of performance that I demand from them. I sat them down last night. The outcome was a commitment for more professionalism, starting with their acting as one," said the president. Aquino said he does not want to fire the two at this time because the DILG had chalked up several accomplishments, such as the resolution of some extrajudicial killings. Citing the Palace review, Aquino said there was also no basis to file criminal or administrative charges against Verzosa and Moreno. "Chief PNP Versoza’s decision to leave management of the incident to Magtibay is consistent with the provision of the Crisis Management Manual that says a crisis should be handled at the lowest level. Furthermore, the hostage-taking was determined as a local incident. The order to use the SAF (Special Action Force) instead of the SWAT was given to Magtibay and not Versoza," said the Palace review. Malacanang said the crisis management manual does not specifically state that the vice mayor should be included in the crisis management committee (CMC) but Moreno was ordered by Lim to go to the scene and assess what assistance the city can give to the law enforcers. "The participation of Moreno appears to be limited to being the liaison between the negotiators/CMC and the Office of the Ombudsman. It does not appear that he was officially one of the decision makers of the CMC and, hence, it is not clear if he had any obligation to remain in the Luneta PCP (police community precinct)," said the Palace review. IIRC stands by its recommendations In its official statement released after Malacanang announced the recommendations and accountabilities of personalities involved, the Incident Investigation and Review Committee said it "respects" President's prerogative to make revisions. "The IIRC welcomes the President's announced directive to release to the public the full text of the IIRC report, together with the Palace action plan on the committee's recommendations," said the committee, which is chaired by Justice Sec. Leila de Lima. "The committee believes that in the review of the report, the president exercised his executive prerogatives judiciously. When the IIRC submitted its report, it was with the full knowledge that the president was not bound to adopt the recommendations en toto," it added. The committee also said that it trusts the President's move "will put closure to the issue of accountability for the hostage-taking incident." The IIRC then said it will now focus into the second phase of its task, which is the proposal of reforms in the institutions involved in the tragedy. Earlier, IIRC member Roan Libarios said that while the committee respects the Palace's modifications, the committee will stand by its recommendations. "We stand by our recommendation, but we respect the position of the President," Libarios said in a text message to GMANews.TV. Libarios represents the Integrated Bar of the Philippines in the five-member review committee. Aquino said during the briefing that he talked to the IIRC about the Palace review. "I talked to all of them and they did not tell me that they were displeased with the direction the review is taking," he said. – with a report from Sophie Dedace, VVP/YA, GMANews.TV