President Benigno ‘Noynoy’ Aquino has finally come up with his final decision on the IIRC Report. Here is the complete Statement of President Noynoy Aquino after the review made on the IIRC Report.
Statement of President Benigno S. Aquino III
October 11, 2010On 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 Council (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.
Source: ABS-CBN News
The Rizal Park bloodbath that lasted for over 11 hours while dismayed television audience watch one Police officer make one stupid adventurism to the next managed to prolong its awful saga with Pres. Noynoy Aquino exonerating his favorites. The part where this administration made “invisible” alterations on the Incident Investigation and Review Committee (IIRC) report is one way or another a debilitating blow on P-Noy’s administration. The effect of such was felt all across the country as an incautious act of disrepute on DOJ Sec. Leila De Lima’s perspective over the case. Though this was expected as the President brushed cold shoulders over the issue of incriminating his old pals over the issue even before he left to the US, it still pose a “shock” to a few who hoped otherwise. This Palace Review Committee’s differing suggestions over who should shoulder the investigation’s development stirred the qualms over “favoritism” inside this “tot” administration.
Mistakes are clearly not straightened-out by creating another one, especially when it is for the cause of a few who simply wanted to manipulate power on their behalf. DILG Usec. Rico Puno is by far enjoying the President’s overly-bended privileges. Unlike what this government guaranteed in terms of transparency and fair jurisprudence, the case of eight (8) Hong Kong nationals killed by a rogue PNP official is going nowhere but “rock bottom”. If the live tv streams are not that humiliating enough, Malacañang is extending the political agony by covering-up some of its “no-expense-spared” officials. Thus, this somehow gives the public a reason to mutter their uncertainties- enough to push P-Noy on re-evaluating his former actions. But this seemed too uncertain. The part where Aquino and De Lima are trying to jerk-off the part their political indifference on the case is by itself revolting; a picture of TRAPOs merely trying to get along.
Like what Sen. Ponce Enrile said, De Lima could either quit or “shut up” over the Palace’s decision on Puno and Versoza. And with the two brushing their elbows over the issue as if there was no grudge held, the public cannot help but think of nothing but “pure” gimmick. It doesn’t need a genius to help figure out what these two are up to for the sake of protecting this administration. This kind of political adventurism had long been practiced, so why should P-Noy restrain himself from doing such? The answer of course is delicadeza. This was promised no less by the President himself when he campaigned for the last presidential election and is what keeping his family in the political arena. Thus, it is such a shame that P-Noy had forgotten self-restraint for the sake of his career’s ascendancy.
If the people were to be asked, these two are better without the other. De Lima should have stirred-away from politicking and that she should have remained true to her nature of not being easily bought. As her IIRC report got trashed with its recommendations selectively executed, De Lima should have taken the plunge and held this administration accountable for it. It was not fair for the members of the IIRC to have their reports reviewed by a two-man council comprised nonetheless by Executive Secretary Paquito Ochoa and Chief Presidential Council Eduardo de Mesa. More so, is it not dubious that the creation of such review team came soon as the IIRC was about to submit its final evaluation holding administration allies accountable? De Lima sniffed this treachery but she averted from doing something. Was it because she has already enjoyed the influence P-Noy had extended to her? Or was she promised of much more?
President Noynoy Aquino’s most recent blunder should now be considered unforgiveable and should be viewed for what it really is: a sign of worse things to come for the country and its 92 million inhabitants. Instead of approving the recommendations given by the Incident Investigation and Review Committee (IIRC), P-Noy ironically lessened the recommended charges against his three close allies, Manila Mayor Alfredo Lim, Interior and Local Government Secretary Rico Puno and PNP Director General Jesus Versoza, and agreed to filing suit against the other police officers named in the report without even batting an eyelash. Such an episode which transpired on September 17 between a meeting with IIRC members and P-Noy only showcased how the new president endearingly protects his mother’s former ally, his shooting buddy and even the ally of that shooting buddy.
This is the now second time that P-Noy was able to prove that under his watch, friends do come first before the welfare of the country and his countrymen. However, what is highly irksome and nauseating to this unfolding situation is the fact that P-Noy merely gave us all a runaround when he promised that “heads will roll” and that someone will be held accountable but intentionally failed to reveal that his idea of those to be held accountable will not include the names of Lim, Puno and Versoza.
Another classic example of P-Noy’s expertly maneuvered runaround happened immediately after the hostage incident when he refused to fire Secretary Puno by claiming that the interior secretary is entitled to due process. And, that was what the IIRC was convened to do and exactly did. However, the IIRC’s final recommendation did not sit well with the new president as he was even heard blurting out ““Napatapang ‘ata masyado ah. Bakit kasama pa sila Puno, Lim, at Verzosa?”. Then in an effort to provide an escape for his “friends”, P-Noy dangled this political line: Palace lawyers will first review the IIRC report. After an excruciatingly long review, lo and behold, the IIRC recommendations were revised and the top three officials were effectively absolved of their crimes in the hostage incident. Mayor Lim was now only given administrative charges for misconduct and neglect, Secretary Puno was simply admonished in a private meeting by P-Noy – an episode that can never be proven, and General Versoza was absolved altogether of any culpability. There goes the doctrinal hierarchy of “command responsibility”.
One cannot help but wonder how P-Noy and his legal advisers came up with such recommendation to the IIRC recommendation. Even members of the IIRC were perplexed with the outcome of such a review. P-Noy should know better that even if we buy his political line of not seeing any laws violated by the trio, he should have done something more than mere admonishing given that he explicitly promised that he would be fair and vowed justice for all. So where is the justice for the killed tourists? Clearly, the term “whitewash” will now be on everyone’s mind.