Friday, January 19, 2007 Senate to probe Capitol assault By Lory Ann B. Bilbao, Jay Dooma Balnig and Ruby P. Silubrico
THE Senate Committee on Public Order and the Committee on Local Governments will investigate the alleged use of "excessive force" by members of the Philippine National Police (PNP) during a violent assault on the Iloilo provincial capitol on Wednesday, Liberal Party (LP) President Franklin Drilon said Thursday.
Drilon, who is also chairman of the Senate Committee on Public Order and Illegal Drugs, said LP leaders in both the Senate and the House of Representatives have condemned the "unnecessary raid and excessive use of force" by the PNP during the siege reportedly on orders of Justice Secretary Raul Gonzalez and Interior Secretary Ronaldo Puno to forcibly remove Iloilo Governor Neil Tupas Sr., a ranking LP leader, from the provincial capitol.
Drilon, who is currently presiding over a regular meeting of the Inter-Parliamentary Union (IPU) Human Rights Committee in Geneva, Switzerland, said television footages showing policemen in full battle gear, armed with high-powered rifles, manhandling unarmed civilians inside the Iloilo Capitol were shown in international TV "giving the impression that the Philippines is under an undeclared state of Martial Law."
"The use of excessive force against unarmed civilians, including women, is completely unjustified. This fiasco at the Iloilo Capital has given the Arroyo government another black eye before the international community," Drilon said.
Reports said a resolution calling on the Senate committees on public order and local government was being drafted and will be submitted when Congress resumes sessions on Monday, Jan. 22. The Committee on Public Order and Illegal Drugs is chaired by Drilon while the Committee on Local Governments is chaired by Sen. Alfredo Lim, a former police general.
After surviving what he said was a politically motivated and unjustified assault on the provincial capitol, Tupas said he was eyeing the filing of charges against policemen in the siege try.
Ordered
Tupas, who survived the crisis after getting a temporary restraining order (TRO) from the Court of Appeals at the last minute, accused Gonzalez of being behind the order to assault the capitol.
Meanwhile, it was learned that Vice Governor Roberto Armada and Board Member Emmanuel Gallar, in their signed order to Police Regional Director Wilfedo Dulay and IPPO Director Napoleon Coronel, instructed, "Final call to the law enforcers to stop within 24 hours the continuing commission of criminal offenses and to render due respect to the two dismissal orders of the Ombudsman against the dismissed former officials of the Province of Iloilo."
The order was dated January 16 and has lapsed the next day, Wednesday.
The order was made also during the time when DILG Secretary Ronaldo Puno has given 48 hours ultimatum to all local officials with dismissal and suspension decisions and orders.
Galar and Armada, cited the two decisions of the Ombudsman where it has resolved for the dismissal from office of Tupas and two board members Oso and Capadosa.
The same decision also "rendered the position of the provincial governor vacant, thus the undersigned, as the then vice governor and senior board member respectively were sworn into office on January 15 by DILG Usec Wencilito Andanar, the same day when the ombudsman issued the order.
"...an undersigned now discharge the duties and functions of the Provincial Governor and Vice Governor."
The order further stated that Tupas, Capadosa and Oso Jr. publicly broadcasted that they will stop and prevent the newly installed officials from entering the Capitol premises to discharge the duties and functions "to the damage and prejudice of the newly installed undersigned officials and to the public service as well."
Armada also stated that they affixed photographs taken in January 16, "during supposed office hours, clearly shown the criminal acts of the dismissed former officials, et al., by blocking and obstructing free access by the public including the undersigned, into public premises of the provincial capitol."
Armada and Gallar further stated, "It is also public knowledge that the utter lack of police assistance, despite requests by the undersigned have blatantly aggravated the commission of criminal offenses such as sedition as defined and penalized under Art. 139 of the Revised Penal Code, committed by the dismissed former provincial officials and their agents, confederates, co-conspirators and supporters."
"...it is therefore an ultimate and final call, for you to immediately stop the continued commission of criminal offenses by those former provincial officials who were dismissed from service, together with their agents, confederates, co-conspirators and supporters, that within the very reasonable period of 24 hours from receipt of this letter," the order stated.
It further stated that all those persons who, commit the criminal offenses, as described, in public presence and thus in your personal presence, be immediately arrested legally without the need of warrant and within same period, the order signed by Armada and Gallar said.
The order further stated "...should the present continuing commission of criminal offenses persist after the lapse of 24 hours, from receipt of this letter, the undersigned shall be constrained to institute corresponding criminal and administrative charges against all police officer, officials, employees and persons who by their commission or omission has perpetrated the mockery and violation of law and order and commission of crimes."
Secretary Puno was furnished copy of the order to the regional police official.
Tupas Jr. dismissed the idea that the same "illegal" order has moved the police to carry firearms and hurt public officials and innocent civilians at the capitol.
The Tupas camp led by their legal counsel is certain to file charges against the two sworn in officials because of usurping the functions.
The camp of Tupas is convicted that he still has 10 days from receipt of the Ombudsman decision to file an appeal and stay in his post pending this appeal.
To file case
Four Tupas siblings led by their eldest brother, Board Member Niel Tupas Jr., will file criminal and administrative charges against all the elements of the PNP.
Their legal panel prefer that the independent National Police Commission (Napolcom) hear the case and conduct the investigation and not any one in the Western Visayas Police Office which itself the cradle of the PNP personnel who stormed the capitol.
Niel Jr. said they were hit, kicked and pushed aside from having been poked with armalite rifles carried by the members of the Region's Mobile Group detailed in Victorias, Negros Occidental.
"You are a criminal, you general Dulay," Niel Jr. told Dulay.
Dulay, who was just installed as chief of the Western Visayas Police Office, 13 days ago during the assault, will be facing criminal and administrative raps. Tupas said if a charge of attempted homicide could be qualified, he might include it in a case to be filed against Dulay and the rest of the PNP personnel, who have repeatedly said, they has just followed orders.
Tupas said and quoted Dulay of saying they were pressured to enforce an order, which Tupas' camp said is illegal order, from DOJ Secretary Raul Gonzalez Sr., and DILG Secretary Ronaldo Puno, which Dulay admitted before Mayor Tupas.
"I asked him if it was Secretary Gonzalez who ordered and pressured him, Dulay nodded. I also asked him if it was also Secretary Puno, he again nodded."
Mayor Tupas said in his call to Dulay while the members of the RMG broken the exit glass doors of the capitol, and penetrated inside said "nainip na ko, pinalusob ko na."
BM Tupas rephrased his earlier description of Dulay and said "he is not a fine gentleman at all."
Governor Tupas said they together with their supporters were treated like criminals by the way of carrying firearms and poking it to the people they see.
Second son, a Philippine Military Academy alumnae and Barotac Viejo Mayor Raul Tupas, said the personnel and officials of the PNP used excessive force and did not follow the rules of engagement.
Police probe
Dulay said the regional police office will conduct an investigation if there was a lapse on their operation procedure when the police entered the capitol.
Dulay immediately directed Superintendent Jessor Arguilles, chief of the Regional Internal Affairs Service (Rias) to conduct the probe.
The investigation would focus on the smashing of glass door by those who entered at the lower part of the building and those who poked guns at the Tupases and reporters.
"If the reports are true we have to sanction our men because that is not part of my instruction for them to hammer all glass windows so they could enter. I'm not tolerating that kind of action," Dulay said.
During the live telecast of a local television here, it was shown that around 60 members of the RMG entered the building at around 4:30 p.m. then hammered glass panel.
One of the RMG members hammered first the glass then his companions entered. Then, he hit another glass.
"We have to investigate the incidents and review some video footages. If there are violations on the part of our men, we will sanction them," he said.
"We try our best to have a win-win solution but sad to say it fails," he added.
Dulay told the Tupases that he is only performing his duties and enforced the law. "Trabaho lang walang personalan."
He added that he is thankful that there was no casualty during the incident and no single gun was fired although there were some who were slightly injured including Board Member Niel Jr and Provincial Administrator Manuel Mejorada.
He said that he was expecting heavily resistance, casualties and civilians to be caught in the crossfire after he received reports that Tupas hired some armed men including jail guards and ex-convict.
"Our primary concern during the incident was to secure the civilians and ordered them to get out avoiding the crossfire but there were some who refused to obey our instruction," Dulay added.
"What happened was a big deal for me because of no casualties. And I would to correct that there was no pressure on our part. We only follow orders from the higher command," he said.
Step down
Gov. Tupas narrated that before the assault, DILG Regional Director Evelyn Trompeta called on him to step down and abandon the capitol because the police were coming to arrest him.
Tupas said trompeta called again after the copy of the TRO was received and asked for the copy and plead before Mayor Tupas, who was passed on with the phone, that she has no involvement in the execution of the Ombudsman's decision.
After the call, Dulay called Tupas and told him he has only 10 minutes to leave the capitol while policemen surrounded the area.
Tupas said, "They (police) were knocking at my office's exit door. I was waiting for them to arrest me while I'm seated at my office's little room. Then I remembered what Ninoy Aquino said before. It said, 'Filipinos are worth dying for.' I said to myself, 'Ilonggos are worth dying for.'"
BM Tupas looked teary eyed after hearing this from his father, who has earned more than 500,000 votes from the Ilonggos during the 2004 elections and has served 30 years in public service. Nielex, the youngest son, said, his father puts first public service even above them.
Sedition
Armada and Gallar filed a criminal complaint for sedition against Gov. Tupas, Niel Jr, Provincial Administrator Manuel Mejorada and IRC Warden Juan Mabugat.
The complaint was filed before City Prosecutor Efrain Baldago.
Condemn
Senator Mar Roxas, a native of Roxas City, expressed that there is obviously political color in the service of the dismissal versus the governor and condemned it as political harassment to a politician who was not tainted of any corruption case from the start of his political career.
Suplico issued statement "condemning in the strongest possible terms the manner by which the PNP forcibly overran the Iloilo Provincial Capitol."
Suplico who was groomed before to run against his uncle on May 2007 gubernatorial election added, "I have never seen a blitzkrieg take-over of a government facility as what happened in Iloilo yesterday, not even in Cory era, when Officers-In-Charge were installed nationwide. It was simply an over kill."
He added, "I call for the immediate transfer out of Iloilo of the PNP Officers and men involved in the operation. An investigation on the manner of the take over is in order."
LP leaders condemned the Ombudsman's suspension and disqualification order against Tupas, saying it was a desperate move on the part of the Arroyo administration particularly with the coming elections.
Former LP President Florencio "Butch" Abad said Malacañang was trying to eliminate some of its strongest opponents like Tupas, who has the support of his province with no serious contenders for the governorship.
"This is just the opening of the political season and if this is already the acts being undertaken at this early stage, you can expect things to even get worse," said Abad. He noted that Tupas withdrew his support for President Arroyo following the "Hello Garci" controversy. He is also a known ally of Drilon.
Drilon condemned what he termed as "unlawful and shameless political bullying" by the Arroyo administration after the DILG ordered the dismissal of a number of opposition local executives, including Tupas.
"This is even worse than martial law. The Arroyo administration is making a mockery of the Constitutional guarantee to due process and a fair and speedy trial," Drilon deplored. Makati Mayor and United Opposition President Jejomar Binay came yesterday for a personal and official business.
Binay expressed support for Tupas and lauded his boldness and headstrong stand to stand by the law and justice.
"The suspension order itself was already too hasty, without affording Gov. Tupas the right to submit a proper legal defense. But what made it worse was that, even in spite of a court order that should have negated the suspension order, the DILG through the PNP still went ahead and even destroyed government property in executing a defective order," he stated.
Tupas' legal counsels have expressed that the destroyed government property will be estimated and will be charged against those RMG and police personnel who destroyed them.
The counsels are still deliberating on the specific cases they have to filed against the PNP headed by Dulay.
Tupas's legal team is composed of Attys. Salvador Cabaluna, Joshua Alim, Dan Cartagena, Janne Baterna, NIel Tupas Jr, Domingo Oso and the provincial legal office lawyers.
The National Union of Journalists in the Philippines -Iloilo chapter also condemned the attacks of the PNP personnel against the media persons who were in fact wearing ID cards and carrying cameras during their penetration to the capitol. The organization also called for the investigation on what happed.
Commission on Human Rights' executive Chris Montano said that it was a clear violation of human rights. (With reports from Sunnex)
