Summary: Puno, Verzosa cleared. Mayor Lim, just administrative sanction care of the DILG
Statement of President Benigno S. Aquino III on the recommended actions to be taken after reviewing the report of the Incident Investigation and Review Committee on the August 23rd Quirino Grandstand hostage-taking incident
The Executive Secretary (ES) and the Chief Presidential Legal Counsel (CPLC) have completed their review of the recommendations of the Incident Investigation and Review Committee (IIRC).
The review was undertaken within three basic parameters:
First, the facts enumerated in the IIRC report; second, the possible criminal, and administrative sanctions that could be imposed under the law; third, whether the cases to be filed will prosper.
The Review also defines concepts such as reckless imprudence, simple imprudence, criminal negligence, neglect of duty, simple neglect of duty, gross incompetence, mistake in judgment, that are offenses under the law and punishable, if proven.
This having been done, I am ordering that the following actions be taken:
* Refer to the National Police Commission (NAPOLCOM) the filing of appropriate charges against P/Supt. Rodolfo Magtibay for gross incompetence and serious neglect of duty (under Sec. 2, Rule 21 of the PNP Uniform Rules);
* Refer to the NAPOLCOM the filing of appropriate charges against Police Director Leocadio Santiago Jr. for less grave neglect of duty (under Sec. 2, Rule 21 of the PNP Uniform Rules);
* Refer to the NAPOLCOM the filing of appropriate charges against P/Supt. Orlando Yebra for neglect of duty (under Sec. 2, Rule 21 of the PNP Uniform Rules);
* Refer to the NAPOLCOM the filing of appropriate charges against Police Chief Inspector Santiago Pascual III for gross incompetence (under Sec. 2, Rule 21 of the PNP Uniform Rules);
* The initiation of administrative proceedings against Manila Mayor Alfreo Lim for misconduct in office and simple neglect (under Sec. 60 of the Local Government Code). His case will be referred to the Department of Interior and Local Government (DILG) for appropriate proceedings;
* The initiation of administrative proceedings and investigation of Deputy Ombudsman Emilio Gonzales III by the Office of the President for neglect of duty and/or inefficiency in the performance of official duty (under Rule XIV, Sec. 22 of the Omnibus Rules Implementing Book V of E.O. 292 and other pertinent civil service laws, rules and regulations) and gross misconduct (under Sec. 3 of the Anti-Graft and Corrupt Practices Act);
* Refer the IIRC Report to the House of Representatives for appropriate action in the case of Ombudsman Merceditas Guttierez;
* Instruct the Department of Justice to expedite the resolution of the serious disobedience and conspiracy in illegal detention cases currently lodged against SPO2 Gregorio Mendoza and to instruct the Manila Police District to file appropriate complaints for illegal possession of firearms and serious illegal detention as an accomplice of his brother Rolando Mendoza;
In the case of media, we view media as an effective partner in providing checks and balances, and to this end, allies in our goal of good governance. We will continue to champion freedom of the press as guaranteed in our Constitution. However, in this case, freedom was not tempered with appropriate responsibility in the behavior of Michael Rogas and Erwin Tulfo of RMN. 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 the criminal.
We understand that the major networks have taken action to discipline errant reporters and are reviewing and revising guidelines for coverage in emergency situations. These are encouraging signs that media is taking responsibility for its actions.
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.
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.
I pledged from the very start that there would be accountability. The purpose of the Review was to find the viable legal actions which can be taken against the concerned parties.
In addition, as you know, we are taking steps to enhance our ability to respond to future crises.
We are redrafting the ten-year old Malacañang crisis manual written in the year 2000 to make it more responsive to not only hostage situations but other crises we may face in the future. We have also established a presidential situation room so that actions by the government in crisis situations can be more coordinated and swift. We’re also in the process of reviewing the capabilities of our security forces to see what may be done with regard to training and procurement of equipment.
I have also instructed that the recommendations of the IIRC and the review by the ES and CPLC be posted on the Official Gazette website, as promised.
Anak ng jueteng din naman, ano?
Pinapapatunad lang naman at ipanakikita para lahat ay makita na sa tunay na Pilipino katulad nng Presidente Aquino, ang kaibigan, hindi pababayaan.
Another glaring inconsistency of Aquino.
He refused to fire Puno on the aftermath of the hostage incident because Puno et., al. deserves due process. But…
1. He fired Dr. Nilo without the benefit of an investigation.
2. Remember E.O. #2?
Gregorio Mendoza, accomplice of his brother Rolando Mendoza for serious illegal detention?
Now that is a stretch. They asked Gregorio to help negotiate. Then they handcuffed Gregorio to “take him to Tondo”. Looks like it was Gregorio who was detained.
Did Gregorio help Rolando? Doesn’t look like it. True, Gregorio tried to take advantage of Rolando’s hostaging when he said “Tol hindi pa sinosoli ang baril ko.” But taking advantage of somebody else’s crime makes him an accessory after the fact, not an accomplice.
Here read the definition from the Revised Penal Code:
From Fred:
I feel like throwing up!
But it’s no surprise really, after the dillydallying by Aquino. Indeed, friends first before country.
(Note: Fred asked me to post his comments. He gets by email updates of my blog but he can’t open the site because it is blocked by his company.)
“Heads will roll!” – Pnoy
Meron ba?
Refer sa NAPOLCOM, refer sa DILG, refer sa Congress. Hugas kamay? Bakit hindi mo desisyunan!? Kay Prisco Nilo nadesisyunan mo,dito hindi mo kaya? Ika nga,iba yung tinitingnan sa tinititigan. Yan ang “heads will roll” mo? ha, Pnoy? Boneless bangus!
Tongue,
Heto na… heads LOLed talaga! hahaha!!!
“Review to guide government ethics”
http://www.philstar.com/Article.aspx?articleId=619887&publicationSubCategoryId=63
So there you go. A promise from Malacanan we can finally count on. Sa mga hindi kamag-anak, kumpares, classmates: your days are numbered.
Okay. Now here is De Lima’s dilemma.
The Supreme Court, time and again, has said that prosecution of offenses is within the discretion of the prosecutor (Sec of DOJ is boss of prosecutors).
Now if the recommendation on the recommendation (De Mesa on De Lima) is discarded by De Lima, will she be guilty of misconduct?
If in De Lima’s discretion, a lighter offense or a graver offense is the proper charge, what happens to De Mesa’s recommendation? It becomes a worthless piece of paper. That is the problem produced by this action of the President.
True, Noy can fire De Lima, but there can be no compulsion on her, or even her successor if the recommendation on the recommendation is discarded. After all, the Sec of the DOJ controls her portfolio, and has the duty to act according to what she thinks the law mandates, not what the Presidential Legal Adviser thinks the law mandates. The discretion is reposed by the law, on the prosecutor, not people recommending to the prosecutor. And discretion cannot be delegated, nor exercised by referral to another officer’s recommendation.
Can the President order De Lima to abide by the recommendation on the recommendation? No, because the prosecutor’s discretion is controlled by law, not by Presidential whim.
You will note, when Eric Holder decided to desist from prosecuting Senator Stevens of Alaska, that was entirely his decision, not controlled by Obama. Similarly, although it was a political landmine to return Elian Gonzalez, Janet Reno advised Bill Clinton that the law reposed custody of Elian in the father, not the granduncle. So despite the political storm, Clinton’s acts were governed by what Janet Reno said was the law.
Note that the Secretary of Justice is the legal adviser of the government
lawphil.net/judjuris/juri1961/dec1961/gr_l-16950_1961.html
So it is the Secretary of Justice who has the final say on what the executive must deem as legal or illegal, to inform the actions of the executive branch.
Why don’t we take the recommendation on the recommendation to court, para lalong gumulo?
Presidential Legal Adviser versus the Secretary of Justice.
Garantisadong thrown out yan for lack of standing of the Presidential Legal Adviser to question the actions of the Secretary of Justice.
What was that Randy Santiago song again? Paikot-ikot?
@saxnviolins
wow! great you pointed that out. I was confused at first why Aquino ordered the presidential legal adviser to review the IIRC.
He could have ordered de Lima which specific charges to raise against the persons involved.
Bwisit @ kupal talaga itong ibinoto nyo…
‘langya, sino pa maniniwala dito ke Penoy ngayon? Kapag may nangyari diyan na sangkot ang mga bata niya walang hustisya tayong maasahan.
Heads will roll, ika niya. Yun pala e itlog penoy lang pala pinagulong niya – panis pa.
Iaabsuwelto din daw ni penoy si Gloria Arroyo. Well, not totally. According to Penoy, sasabunin daw niya at pasusumpain na hindi na ulit gagawin ang pandarambung. Hinart to heart talk ko and sabi ni Penoy na mag-shape up!
What a major major disappointment. Ang tagal bago nailabas , hinanapan lang pala ng dahilan para hindi maisama si Puno(ng kahihiyan).
Para naman matinding sampal yung ginawa ng legal committe ni P-Noy kay Sec. of Justice De Lima. Para kepa ginawa niyang Sec. of Justice si De Lima kung hindi rin naman niya igagalang yung decision nung IIRC which De Lima headed.
This is really a major major dilemma for Sec. De Lima.
Ito ba ang daan tungo sa matuwid na landas? Hay naku !!!!!
Can the President order De Lima to abide by the recommendation on the recommendation? No, because the prosecutor’s discretion is controlled by law, not by Presidential whim. – atty sax
A ganun pala. Thanks atty for this and the rest of the brilliant comments, as usual. Kung wala ka, tuliro ako lalo sa legal issues. 🙂
Gani, paano na ang iyong dividends…galit ka na? hahaha!!!
Lintik talaga itong pang… natin. Buwang talaga! Delikado sa ating militar itong mga ginagawa ni abnoy.
Sige nga kung magagaling nga kayo. Name the specific criminal charges you would have filed against Lim, Puno, Versoza, et al? Apparently, puro nga generalizations ang recommendations ng IIRC sa Presidente. Himay-himayin nga natin kung makaka first base sa piskalya yung kaso na ipapafile nyo. 😛
sucks big time. mahina.
noy, the hopes of the filipino people pinned on you should be paramount to any friendship you have.
in fact, it would have been wise had you not brought your friends in. di ba ang sabi nga dont enter into a business with a friend. masisira lang ang friendship niyo.
it seems that noy chose friendship over what is right. and now, puno seems to be gloating. his retention is a statement to all that puno is untouchable. tuloy ang jueteng.
henry90,
not sure about criminal charges but definitely, administratively puedeng-puede. at dapat sisante na. cabinet positions are trust positions. that kind of dereliction of duty is just unacceptable
Show evidence that he is on the take sa jueteng. Bishop Cruz can’t. Sabi lang daw ng mga informants nya. What if I also allege that Cruz is also on the take according to my informants. Remember na di nya binanggit si Chavit Singson sa listahan nya. Si Miriam ang nagsabi noon. Di kaya may patong si Chavit kay Cruz? Tama bang sabihin ko ito? Think about it.
“Can the President order De Lima to abide by the recommendation on the recommendation? No, because the prosecutor’s discretion is controlled by law, not by Presidential whim. – atty sax”
in principle/law, sure. but politically, nah. de lima serves at the pleasure of the president. noy can just replace her with someone who will follow his orders.
in principle/law, sure. but politically, nah. de lima serves at the pleasure of the president. noy can just replace her with someone who will follow his orders.
****************************
Exactly my point. If she disagrees, she will resign. Then if the replacement disagrees, he/she will resign as well. So either one lets the Secretary of Justice do his/her job, or one finds a pliant Secretary who will do as the President wants.
One fine example of the later is siRaulo.
saxnviolins
“Exactly my point.”
ay, nabasa ko nga. umpisa kasi ako sa baba magbasa.
“If she disagrees, she will resign. Then if the replacement disagrees, he/she will resign as well. So either one lets the Secretary of Justice do his/her job, or one finds a pliant Secretary who will do as the President wants.”
we’ll see then what de lima is made of.
“One fine example of the latter is siRaulo.”
rinse and repeat.
Rinse and repeat, hahaha! Mismo, masha!
“Why don’t we take the recommendation on the recommendation to court, para lalong gumulo?
sana nga patulan yan by the likes of marlon manuel. pero nasa honeymoon stage pa ang mga tao. people are still willing to give noy the benefit of the doubt and sa tancha ko they do not see this as that big of a deal.
“Presidential Legal Adviser versus the Secretary of Justice.
Garantisadong thrown out yan for lack of standing of the Presidential Legal Adviser to question the actions of the Secretary of Justice. -saxnviolins”
it’s like harriet meiers overturning alberto gonzales.
chi,
di ba? nahihilo na ako sa pa-ulit-ulit na problema. kaya dapat binabantayan. *tawa-sigh*
Karma suggests Puno with his “siguradong sigurado ako na panig palagi sa akin si Presidente” will overstep the boundaries. The question is who else will fall when Puno crashes.
Is Puno as shrewd and legally-agile as Gloria Macapagal Arroyo’s husband? Palagay ko, hindi.
I would rather De Lima did not resign, and instead, hang on.
I would not want the portfolio handed on a silver platter to the drug-lord coddling mafia that was extorting from the Alabang boys.
Ellen,
As far as I am goddamned concerned, when eight people die in a hostage scenario bang in the fucking capital of the country while top cabinet and govt officials watch, manage, supervise, etc., the decent thing to do is for these same incompetent nig nogs to step down.
There’s no need for a review panel to go through the whole goddamn event. Result was shit hit the fan, i.e., people bloody died — the decent and fucking responsible thing to do is for these shitheads, namely, Robredo, Puno, Versoza, Lim and of course the lil injun toy police boys to just fuck off totally from the scene!
Aquino is starting to get on my nerve!
Sa 100 days ni abnoy mas masahol pa kay pandak gloria… grabeeee iba talaga kapag walang dunong ang isang pang…. hay nako mga kababayan kelangan galaw galaw kung pano patalsi.. itong mga taong ito.
No one can be worse than Gloria Arroyo. That’s not even talked about and compared now. Give Noynoy a chance. He just have to deal with the Samar and Balay groups in his administration. Grace Poe was just appointed as Chairperson of MTRBC. Grace is with Chiz Escudero group. The Noy-Mar and Noy-Bi infighting groups are quite evident.
“Gani, paano na ang iyong dividends…galit ka na? hahaha!!!” – chi
Onga, e penoy ang gustong ibayad – hehehe.
“You will note, when Eric Holder decided to desist from prosecuting Senator Stevens of Alaska, that was entirely his decision, not controlled by Obama.” – snv
The late Senator Stevens was convicted by a jury before even Obama took office. With several ethics violations, he knews he was probably guilty of most of them; and with his case dropped and conviction oveturned due to prosecutorial misconduct, the thug got away BUT the Grim Ripper ensured justice was served. Karma!
Oy Gani tingnan mo baka bugok pa! hehehe.
#32… si noynoy ay presidente, hindi siya supervisor or manager ng isang kumpanya kaya dapat wag ng bigyan ng chance pa lalo na hindi siya QUALIFIED bilang presidente. Ginoyo lang ng mga malalaking isda para tumakbong presidente para sa ganun libre sila sa mga tax… mga kupal talaga.
Nasabi ko na noon. Puno has got to go. Di dahil sa hostage-taking fiasco at jueteng kungdi BOBO. Di marunong sumagot. Yung pagiging USEC nya, title lang yan. Ewan ko ba kung bakit siya ang hinahabol ng mga otaw. To establish Command Responsibility, dapat very clear ang delienation ng authority. Puno has none. His was just to oversee the state of affairs sa PNP. In other words, SPY ni PNoy sa mga opisyal. Normal yan. He doesn’t know all the generals. Puno does dating back circa 80s. The USEC title was meant to give him that modicum of authority. Going back to the Aug 23 incident, he was just a miron reporting to PNoy what’s going on. What administrative and criminal charges will u initiate against him? It was the generals who were calling the shots, so tama lang na sila talaga ang kinasuhan. Si Lim ok lang din na macharge administratively. So ano ang nirereklamo ng iba diyan? Even the IIRC could not specify the charges that should be leveled against them.
So, ano ang naestablished ng IIRC? Na may negligence? Yes. Does it warrant criminal or admistrative charges? If yes, anong specific violations sa Penal Code or special laws? Wala nga silang mailagay. Now inirecommend na icharge administratively tapos magrereklamo tayo. Eh sa iyon ang proseso. Di mo puedeng sibakin ang mga lespu sa serbisyo pag di mo kinasuhan administratively sa Napolcom. Tanggal nga lang sila sa puesto just like what happened to Magtibay as the direct Ground Commander kaya wala muna siyang tongpats sa mga iligalista sa AOR niya. Si Versoza? Layo nya sa totem pole ng Command Responsibility hierarchy. Para mo na ring sinabi na kasuhan si Gen Ibrado noon ng ginawa ang Ampatuan massacre by virtue of negligence sa doctrine ng Command Responsibility. Brigade Commander lang ang nahagip doon kasi directly under nya ang unit na naging pabaya. The same applies sa kaso ni Versoza. 😛
Puno is in the wrong position and wrong department. He has an agriculture degree and should have been assigned to the Department of Agriculture. He has no legal background, no political background, no police background other than teaching the cops how to fire their guns. But the President is willing to ignore all these and look the other way as long the person he places in his administration is his trusted friend. That was the biggest mistake committed by Marcos and Estrada…too trusting to their friends that caused their downfall.
#38… Hindi importante kung ano ang profession mo ang importante kung pano mo e drive yung departamento mo. Parehas lang sila ni jesse robredo na hindi qualified sa DILG.
I think Binay could have been a good DILG Secretary.
@2b1ask1 – October 12, 2010 2:50 am
“Puno is in the wrong position and wrong department.”
You are kind… I think he should not be in any govt department at all. He is a total waste of precious, meagre govt rations!
dahil napagtakpan yung mga nasa itaas siyempre pati nasa ibaba pagtatakpan din ng nasa itaas takipan lang yan. sa wikang ingles cover up pareho lang din ng dating administrasyon. ang mga susunod na pangyayari mas grabe kasi lalala pa ang mga kababuyan ng kapampangan govt.
smart decision!
sa mga critics ni Pnoy.. pasalamat nga kayo isinama pa si Mayor Lim eh.. at sa mga tarantado sa gobyerno… mas matakot kayo dahil kinanti si Mayor Lim…
#42… tama ka itong mga magkakasunod na administrasyon na campampangan binaboy nila ang pinas nagsimula nung 1986. Kasalanan din ang mga bontante kung bakit nasisilaw sila sa matatamis na salita gaya nitong administrasyong noynoy “tuwid na daan” daw… pero bitoka nila zigzag. Kaya kayong mga mahihirap na bumoto kay noynoy “MAGDUSA” kayo sa kahirapan ngayon.
Si De Lima mukhang na-Ocho a.