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Irene Jay Liu

Raissa Robles

Simpson Cheung

Philippine President Benigno Aquino will not pursue criminal charges against most of the officials found responsible for the botched August 23 hostage rescue that left eight Hong Kong holidaymakers  dead. 
Aquino rejected an independent panel's recommendation to investigate or file criminal charges against eight police and government officials for their roles in the crisis.
Instead, he ordered the filing of administrative charges against six of these officials.
Only one official, Deputy Ombudsman Emilio Gonzales   - accused by hostage-taker Rolando Mendoza  of demanding a 150,000-peso (HK$26,700) bribe for favourable treatment - will be investigated for possible criminal liability.
The president's actions fall short of those recommended in  last month's strongly  worded report by the Incident Investigation and Review Committee.  It said  action should be considered against 10 government and police officials,  two journalists and three broadcasters. 
The president ordered the National Police Commission to file administrative charges against four police officials - Manila police chief Rodolfo Magtibay  for gross incompetence and serious neglect of duty; Manila regional police director Leocadio Santiago Jnr  for less grave neglect of duty; chief negotiator Superintendent Orlando Yebra for neglect of duty; and Manila SWAT team leader Santiago Pascual   for gross incompetence. 
Aquino referred the panel's recommendations against Ombudsman Merceditas Gutierrez to the House of Representatives, which would determine if her actions were grounds for impeachment.
Office of the Ombudsman spokesman Jose de Jesus  said: 'We stand by what we did. Our office will never compromise with a criminal.' Gutierrez declined to comment. 
Aquino also asked the Department of Interior and Local Government to  initiate administrative proceedings against Manila Mayor Alfredo Lim  for misconduct in office and simple neglect. Lim was the only official for whom the committee  recommended outright criminal charges -  it suggested investigations into criminal liability for the other officials. 
The  report was especially critical of Lim's performance during the crisis: 'Lim's conduct bespeaks of a weak, if not anaemic, response to the hostage-taking crisis, unmindful  of its gravity and the urgency of its resolution as every moment of delay in ending the crisis increases the risk to the safety of the hostages, mostly foreign nationals, and the damage to the image of the country before the international community,' the report stated. 
The president's decision to only pursue administrative charges against the mayor drew particular ire from those affected by the crisis. 
Tse Chi-kin, the elder brother of slain tour guide Masa Tse Ting-chunn, said his family was disappointed that the government set Lim free from prosecution. 'He is the most direct factor that has caused the tragedy. His order to arrest Gregorio Mendoza, brother of the gunman, triggered a series of actions,' he said. 'The report is meaningless to us. It does not comfort us at all.'
Hostage survivor Li Yick-biu said Lim should shoulder the greatest responsibility, but in the end he just received administrative punishment.
'It definitely shows that government officials are defending one another and how chaotic the Philippines' political system is,' he said. 'As a government, you can say whoever is guilty. But whether it is convincing is another case.' 
Survivor Lee Ying-chuen said the report had pointed out big mistakes made by officials, yet they were not asked to shoulder criminal liability.
Lim did not answer his mobile telephone  last night and his office did not release a statement. 
University of the Philippines Professor and human rights attorney Harry Roque  said that it was unlikely that the administrative charges would lead to dismissal. 'Looking at the charges, I don't think any of the charges will warrant sacking. They are too minor,' Roque said. 
The president had harsh words for two reporters, Michael Rogas and Erwin Tulfo, but did not recommend criminal charges to be filed. Rogas was criticised for conducting an extended interview with Mendoza that obstructed police negotiations, while Tulfo was the last to speak to the gunman before he began shooting the hostages. 'Their behaviour was irresponsible, bordering on the criminal ... We expect this kind of unprofessional behaviour 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,' Aquino said. 
The president elected not to recommend criminal charges against the reporters and broadcasters after a leaked Palace report suggesting sanctions sparked outrage from journalist groups late last week. 
Three officials will not be punished for their roles in the crisis, despite the IIRC's  calls for censure - Department of Interior and Local Government Undersecretary Rico Puno;  recently retired National Police Chief Jesus Verzosa  and Manila Vice-Mayor  Francisco Domagoso.  
During yesterday's press conference, Aquino said Puno and Verzosa did not break any laws during the August 23 crisis. Aquino said he admonished Puno and the DILG secretary for 'failing to uphold the high standards of performance that I demand ... The outcome was a commitment for more professionalism'.
The president added that his government is taking steps to enhance the country's ability to respond to future crises, including redrafting the Malaca?ang  crisis manual - establishing a presidential situation room to better co-ordinate the  response  in a crisis - and assessing the needs of law enforcement for additional training and equipment.



Aquino says he won't pursue criminal charges