Manila Mayor Alfredo Lim has become a pathetic figure – a far cry from the anti-crime crusading character that earned for him the compliment “Dirty Harry”, the alias of the fictional character of San Francisco policeman, Harold Francis Callahan, played in several films by Clint Eastwood.
IIRC recommended harshest sanction on Lim
In recommending administrative and criminal proceedings, the IIRC held Lim liable for “assuming the authority of the on-scene commander in negotiations and tactical action… for negligence in his failure to organize and constitute the CMC (crisis management committee), for issuing an illegal order the arrest of Gregorio Mendoza, for abandoning and ordering the on-scene commander to abandon the Advance Command Post at the height of the hostage crisis and, in general, for failure to perform his duties as CMC Chairman… constituting dereliction of duty and gross negligence.”
“Dirty Harry” endeared himself to the audience by stomping on the inept bureaucracy, even taking the law in his hands, to give justice to the underprivileged.
Lim became a legend when he cleared known criminal havens of undesirable elements. For that, he was rewarded a political career after he retired from the police service. He was manila mayor from 1992 to 1998 and senator from 2004 to 2007. He returned as Manila mayor in 2007 and got re-elected last May.
One would think that with his long years as local chief executive, Lim would have handled the Aug. 23 hostage incident with competence and wisdom. What we saw was “utak pulbura” at work.
He has never admitted mistake for the debacle that claimed the lives of eight Hongkong tourists and strained relations with China and its prosperous administrative region, which hosts thousands of Filipino workers.
The IIRC , in fact, put the blame squarely on him. The committee, headed by Justice Secretary Leila de Lima, listed eight incidents that turned the crisis into a tragedy. Lim had a role in almost all of those incidents.
The first incident was the non-activation of the crisis management committee. “Mayor Alfredo Lim of the City of Manila was the person in authority charged with the duty of activating the CMC,” the committee said.
The committee criticized the attention given by authorities concerned to SPO2 Gregorio Mendoza, brother of hostage-taker,former Senior Inspector Rolando Mendoza as co-conspirator and accessory.
“Whether he was shouting or not is not really material. The fact is Col. Yebra (the negotiator) displayed his loss of focus on the task at hand. He was distracted by a peripheral matter,” the committee said.
“More important to addressing the actuations of Gregorio was re-building the confidence of Mendoza, re-establishing contact with him, and salvaging the negotiations that clearly broke down, by working on the offered alternative solution. Instead, Col. Yebra, Mayor Lim, Gen. Magtibay, and other police officers present focused on handling the peripheral matter involving Gregorio resulting to Mayor Lim’s order for Gregorio’s arrest, looking for handcuffs, and conferring on how to handle Gregorio. By attending to the peripheral matter, precious time to salvage the negotiations, already critical at this late hour of the crisis situation, was lost. The windows of opportunity were closing,” the report further said.
The committee noted that the arrest of SPO2 Gregorio Mendoza, upon orders of Mayor Lim, “s was the proximate cause of the chain of events that led to Mendoza’s shooting at the hostages.”
The report said:” The potential adverse reaction of Mendoza to an arrest of Gregorio was not lost to Mayor Lim. This is borne by his instruction to the escorting officers to use the back door of the Advance Command Post to avoid media. That Mendoza was viewing television at this time was already known at this point. The instruction to avoid media should be taken in this context.
“Given the tenuous situation, i.e., negotiations having broken down, adding a potential irritant to Mendoza with the arrest of his brother was a lack or absence of sound judgment.”
The committee also cited the departure of Mayor Lim and General Magtibay from the Advance Command Post at a crucial time.
“The absence of Mayor Lim and General Magtibay in the Advance Command Post created a vacuum in command or decision makers. This resulted in the inability of those present to handle crisis events as they unfolded. Everything that Mayor Lim and General Magtibay hoped to accomplish at Emerald Restaurant, including taking a meal, could have been accomplished at the Advance Command Post and even better because they would have been in a position to react to events promptly.
“The most significant of events that transpired after Mayor Lim and General Magtibay left the Advance Command Post were the coverage of Gregorio being arrested, the deadlines being given by Mendoza before he starts shooting the hostages and the actual shooting of hostages.”
When told last Monday about his inclusion among those to be sanctioned as recommended by the Incident Investigating and Review Committee that looked into the tragedy, Lim said he was “insulted.”
Lim is hopeless. It’s now up to Aquino to save the Filipino people from government officials like Lim.
Manila Mayor Alfredo Lim was driven to tears Tuesday while defending policemen even as he criticized his inclusion in the list of officials deemed responsible for the hostage mess.
“You cannot rely on anybody except policemen and soldiers who are paid to die. No other professional will offer to sacrifice their lives for you … Every time they step out of their homes, one foot is buried in the ground,” an emotional Lim said, pounding a closed fist on his table at the Manila City Hall.
Lim likened the IIRC report to a “shotgun blast.”
“Everyone who was there was hit.”
“Who of you here will willingly die in the performance of your duty? No one. Only the police. And yet what are we getting into? Blame and keep blaming the police. Let’s place things in its proper perspective. What do we stand to get from keeping up the blame game?” Lim said in a news conference.
The mayor denied responsibility for the bloodbath, insisting that he performed his role “to the letter and to the best of his ability under the circumstances.”
Lim defended his decision to leave the command post at the height of crucial negotiations to eat at Emerald Garden restaurant and denied that it constituted abandonment of his duties as the chair of the crisis management committee.
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Lim bears brunt of recommended sanctions in hostage crisis
Malaya
The Incident Investigation and Review Committee has recommended that administrative and criminal proceedings be opened against Manila Mayor Alfredo Lim, the harshest directed at 12 persons tagged as having responsibility for the bungled hostage rescue attempt that resulted in the death of eight Hong Kong tourists and the hostage taker on August 23.
It said his actions during the hostage crisis constitute dereliction of duty and gross negligence under the Local Government Code (RA 7160.
The specific recommendations of the IIRC have not been publicly released.
It said administrative proceedings should be opened against five senior police officials and Interior Secretary Rico Puno. It recommended that a preliminary investigation be conducted on their possible criminal liability.
It held Manila Vice Mayor Francisco “Isko Moreno” Domogoso administratively liable but was silent on his possible criminal liability.
It said further investigation should be conducted against Ombudsman Merceditas Gutierrez to determine whether her offenses qualify as grounds for impeachment.
On Deputy Ombudsman Emilion Gonzales, the IIRC said the Office of the President should determine possible administrative offenses.
The panel said it is referring the results of the investigation of broadcasters Michael Rogas and Erwin Tulfo to the Kapisanan ng mga Brodkaster ng Pilipinas for their possible sanctions for violations of the Code of Ethics.
The IIRC said that against ABC 5, ABS-CBN and GMA7, the results should be endorsed to the KBP, or appropriate media “watchdog” organizations, for possible violations of their Code of Ethics.
In recommending administrative and criminal proceedings, the IIRC held Lim liable for “assuming the authority of the on-scene commander in negotiations and tactical action… for negligence in his failure to organize and constitute the CMC (crisis management committee), for issuing an illegal order the arrest of Gregorio Mendoza, for abandoning and ordering the on-scene commander to abandon the Advance Command Post at the height of the hostage crisis and, in general, for failure to perform his duties as CMC Chairman… constituting dereliction of duty and gross negligence.”
On the reference to the arrest of Mendoza, brother of hostage taker Rolando Mendoza, the “Highlights” of the IIRC report said: “There is evidence to support the finding that what Mayor Lim actually ordered was the summary execution of Gregorio Mendoza when, in conjunction with the order to arrest… he also instructed the MPD officials present… that Gregorio be ‘brought to Tondo,’ a euphemism for summary execution…”
The grounds cited by IIRC against Chief Supt. Rodolfo Magtibay, ground commander and relieved Manila police chief, were serious irregularities in the performance of duties and gross incompetence; Director Leocadio Santiago Jr., former National Capital Region chief, “less grave” neglect of duty; PNP chief Jesus Verzosa, “less grave” neglect of duty; Puno, gross negligence; negotiator Supt. Orlando Yerba, negligence, and; Insp. Santiago Pascual III, assault team leader, gross incompetence.
Malacanang allayed fears of a whitewash in the investigation of the August 23 hostage crisis following President Aquino’s decision not to release as yet the recommendations of the Incident Investigation and Review Committee (IIRC) and to have them reviewed by his own legal panel.
Aquino said Monday a review by Executive Secretary Paquito Ochoa Jr. and chief presidential legal counsel Eduardo de Mesa is necessary because the IIRC report did not make specific recommendations on which persons should be charged with what crime.
(The “Recommendations” portion of the report which has yet to be released belies this. The recommended charges were specific to each person.)
He also said he may uphold some recommendations, or add to or subtract from them.
Presidential spokesman Edwin Lacierda said releasing the recommendations would have an impact on the lives and reputation of the individuals cited in the report.
“Gusto ng Pangulo na he would be able to support everything in the report. That’s why he wants to study the report. Because first and foremost, let me emphasize, the report is recommendatory in nature,” he said.
“Kapag inilabas kung ano ang magiging pag-aaral po ng Chief Presidential Legal Counsel at ng Office of the Executive Secretary, ilalahad po iyong dalawa. So, wala po tayong itatago, ilalabas po natin iyong dalawang iyon in fairness to those people named,” he added.
Lacierda said Aquino has great confidence in Justice Secretary Leila de Lima, head of the IIRC, and her work but the President does not want to make hasty decisions.
“The report is recommendatory, so the final decision rests on the President. Kaya nais niyang maging maayos po ang kaniyang decision sa pag-aaral po ng IIRC report at ang mga recommendation doon sa report,” he said.
He said there is no need for the officials named in the IIRC report to go on leave.
Lacierda said unlike the partial report released by Malacañang to the public on Monday afternoon, the government gave the full IIRC report to the Chinese government through its embassy in Manila a few hours earlier.
He said Chinese Ambassador Liu Jianchao replied positively to Foreign Affairs Undersecretary Esteban Conejos, who delivered the report to the Chinese embassy.
He said Hong Kong authorities are conducting a separate investigation but he is not aware if it was finished.
Inhibition
Lima said the panel’s recommendation was basically to initiate administrative proceedings for specific administrative offenses under applicable rules of the National Police Commission (Napolcom) and the PNP and the Local Government code, and/or preliminary investigation for possible criminal liability arising from the acts or omissions as determined by the IIRC, or further investigation or referral to appropriate venues.
She also said she is willing to inhibit herself from reviewing any case that may reach the Department of Justice against those who would be charged in connection with the hostage crisis.
This is to allay perception of prejudgment.
She said there is a big possibility the DOJ will be tasked to handle the charges.
“The option to inhibit is always there…Due process must be observed and we cannot be the judge and jury at the same time,” De Lima said.
De Lima also asked President Aquino not to “absolve or exclude” personalities the IIRC recommended charged, and appealed for “minor” changes in report.
“Since under review nga by the President through his legal team, there may be changes there. But on the part of IIRC sana kung mayroon mang changes it would just be minor. Yun bang babawasan lang ng konti ang culpability o dadagdagan yung culpability. Hindi yung outright exclusion o absolution of certain personalities,” De Lima said at the Senate where she attended the hearing of the proposed DOJ budget.
She further defended the report’s “open-ended” recommendation on the liabilities of those included in the report.
“Talagang open-ended yung sa criminal proceedings because of lack of time sa evaluation and study ng committee. Hindi pa namin masyado mai-ugnay o hindi pa namin clear na ma-indicate or specify ang specific charge. So it’s an open-ended recommendation with respect to the criminal proceedings,” she said.
Report welcomed
China welcomed the submission but said it has yet to dissect the IIRC 83-page report, citing its length.
“The initial reading indicates that the Philippine side takes a sincere and serious manner in handling with and looking into the incident, to which the Chinese side expresses its appreciation,” said Chinese Foreign Ministry spokesman Jiang Yu in a statement released by the Chinese Embassy.
“Since it is a long report, the Chinese side does need time for a careful study,” the official added.
Jiang renewed calls for the prevention of similar incidents.
“We hope that the Philippine side takes effective measures to strengthen protection of the Chinese personnel in the Philippines and prevent the reoccurrence of similar tragedies,” said Jiang.
Jiang added that China is always ready to continue the further advancement of the relations between the two countries “in a sound and steady manner.”
‘Situation room’
Lacierda also said because of the hostage crisis, government is revising its crisis management manual and is cobbling up a “situation room” to monitor future crises. He said the new manual would be released soon.
“We have the manual. We have the resources. We have the forces to deal with any incident such as hostage taking,” he said.
He said National Security Adviser Cesar Garcia will head the situation room.
A “war room” was set up inside Malacañang by President Arroyo in 2004, following the kidnapping of Filipino overseas worker Angelo de la Cruz in Iraq. It was headed by former military colonel Victor Corpus.
The small facility, which was shown to Palace reporters, contained monitoring equipment such as telephones, several television screens dedicated to important news sources, computers and other telecommunications equipment.
Lacierda said the “war room” has been dismantled.
Verzosa ready
Verzosa, through lawyer Benjamin de los Santos, said is ready to face any charge.
Delos Santos expressed confidence his client, who is out of the country, will have no liability.
“We followed the manual and standards and international protocols on hostage situation, and if you have time to read and really analyze the report of the IIRC, they themselves admitted that it is difficult to determine authority due to inadequacy of the manual,” he said.
Delos Santos said the principle of command responsibility does not apply to Verzosa since the buck stops at Magtibay’s immediate superior. Santiago.
Verzosa was at Cagayan de Oro City at the height of the hostage drama and could not immediately fly back to Manila since there were no more flights available that time. He went on early retirement last week.
Con games
The Office of the Ombudsman questioned the basis for the recommendation on Gutierrez and Gonzalez.
Deputy Ombudsman Mark Jalandoni and Assistant Ombudsman Jose de Jesus clarified that Gutierrez never promised the hostage-taker, dismissed Supt. Rolando Mendoza, that he will be reinstated.
They stressed that Mendoza accepted the Ombudsman’s commitment to personally review the case which led to his dismissal.
“Mendoza knew very well that the Ombudsman cannot possibly grant his request that same day. There was no confusion; Mendoza had a crystal clear understanding of what was promised to him. After their phone conversation, he even released one of the hostages as a proof of good faith and acceptance,” Jalandoni pointed out.
As to suggestions that the Ombudsman should have readily agreed to reinstate Mendoza to save the lives of hostages, the two officials explained that the anti-graft body cannot be party to such a deception.
“We are not here to play con games or to compromise with criminals. Doing so would damage the irreversibly damage the credibility of this office. The Office of the Ombudsman is not part of the negotiation; we have no expertise about such matters. We only did our job according to the letter of the law,” De Jesus said.
The two likewise questioned the tone of the IIRC report which they said tended to portray Mendoza as a martyred hero rather than a former police officer who went rogue to force the government to give in to his demands.
“From what we read, the report seemed to depict the hostage-taker as a hero rather than a former lawman who chose to be a criminal. Mendoza betrayed his sworn duty to uphold and protect the law and brought shame to our country,” De Jesus added.
New investigation
At the same press conference, the two officials announced that the anti-graft body will begin today its own investigation centering exclusively on the botched rescue operations.
Jalandoni said Gutierrez has created a special panel of field investigators to be led by Assistant Ombudsman Joselito Fangon. The team was given 30 days to submit its findings.
The new probe was launched at the request of HK-Special Administrative Region, Southern District councilors Henry Chai Man Hon and Andrew Fung Wai Kwong who wrote to Gutierrez last August 24.
De Jesus said their office received the letter last September 16 but the Ombudsman allowed the IIRC to complete its own investigation out of respect to the directives of President Aquino.
Jalandoni said testimonies and other evidence gathered by the IIRC will become part of the Ombudsman’s investigation and will be considered in its independent review of evidence “to prevent duplication.”
He stressed that the investigation will focus solely on the police conduct of the rescue operations at the request of the HK-SAR officials to determine the readiness of police operatives, accuracy of threat assessment by police officials and whether the ground commander made the correct call in not shooting Mendoza when he exposed himself outside the bus several times.
Lim blames Mendoza’s brother
Lim, in a pres conference, blew his top as he lashed at the IIRC for including him and Moreno among those recommended to be charged.
Lim said that contrary to the findings of the IIRC, he did not abandon his duty as head of the crisis management committee.
The mayor instead put the blame on SPO2 Gregorio Mendoza, brother of the hostage-taker, for egging the latter to not to agree to the offers of negotiators unless his service firearm was released by the MPD, thus, laying the groundwork for his brother to lose his confidence in the negotiations.
He recounted that Gregorio admitted before him and the other officers present at the advance command post (ACP) that he had knowledge of his brother’s plans. Yet, Lim said, there appeared to be no mention of Gregorio in the IIRC report.
“Baligtad na ba ang mundo?” he said.
Reacting to the portion of the report stating that Lim should have had his meal at the ACP instead of at the Emerald Restaurant, Lim said: “Gaano ba kalayo ang Emerald sa bus? Eh mas malayo pa ang MPD headquarters sa UN Avenue kung saan nandun ang ibang opisyal ng gobyerno. There is no abandonment that took place because all the key officials of the MPD remained at the ACP.”
Aside from Magtibay, the mayor said all the key MPD officers were at the post including the deputies, station commander and the one in charge of public affairs.
Meanwhile, lawyer Harry Roque, who heads Centerlaw, a group of lawyers advocating human rights and press freedom, expressed disappointment at the IIRC recommendation to charge the media, saying bad journalism is not synonymous to criminal conduct.
“While we acknowledge that media may have failed to observe the highest degree of professionalism and self-restraint in their coverage of the unfortunate incident, still this is not a basis for holding them liable for breach of the country’s criminal laws. Bad journalism is not and should never be criminal in a democracy,” he said in a statement. – Regina Bengco, Evangeline de Vera, JP Lopez, Gerard Naval, Peter Tabingo and Raymond Africa
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