'What IIRC recommended, what was changed'

Compiled by David Dizon, abs-cbnNEWS.com

Posted at Oct 11 2010 06:52 PM | Updated as of Oct 12 2010 07:22 PM

MANILA, Philippines - The Palace legal team watered down several of the recommendations of the Incident Investigation and Review Committee (IIRC) with respect to the filing of criminal and administrative charges against 13 individuals in the August 23 hostage crisis.

Specifically, the legal review absolved Interior Undersecretary Rico Puno, retired Philippine National Police chief Jesus Verzosa, and Manila Vice-Mayor Isko Moreno of any administrative or criminal liabilities in the hostage fiasco.

The Palace legal team said chief negotiator Supt. Orlando Yebra should be sanctioned for neglect of duty instead of gross incompetence, and did not recommend criminal charges against Manila Mayor Alfredo Lim, head of the crisis management committee tasked with solving the hostage tragedy.

Below is a comparison of the original IIRC recommendations and the final recommendations of Executive Secretary Paquito "Jojo" Ochoa Jr. and Chief Presidential Legal Counsel Ed de Mesa.
 

Persons charged
IIRC Recommendations Palace recommendations
MPD Chief Supt. Rodolfo Magtibay Administrative charges for serious irregularities in the performance of duties, gross incompetence
Preliminary investigation for possible criminal liability
Administrative charges for gross incompetence, Serious Neglect of Duty under Sec. 2, Rule 21 of the PNP Uniform Rules
No recommendation for further investigation for possible criminal liability
NCRPO chief Leocadio Santiago Jr Less Grave Neglect of Duty under Sec. 2, Rule 21 of the PUR
Preliminary investigation for possible criminal liability
Less Grave Neglect of Duty under Sec. 2, Rule 21 of the PUR
No recommendation for further investigation for possible criminal liability
PNP Director General Jesus A. Verzosa Less Grave Neglect of Duty
Preliminary investigation for possible criminal liability
No finding of fact that justifies holding Versoza accountable for any administrative or criminal offense in the conduct of PNP operations during the hostage-taking incident
DILG Undersecretary Rico E. Puno Gross negligence
Preliminary investigation for possible criminal liability
No basis to file any administrative or criminal complaint
No recommendation for further investigation for possible criminal liability
Manila Mayor Alfredo Lim Administrative and criminal proceedings for assuming the authority of the on-scene commander in negotiation and tactical action or intervention in contravention of  Section 1.7.2 of the CMC Manual;
  • for negligence in his failure to properly organize and constitute the Crisis Management Committee
  • for issuing an illegal order during the arrest of Gregorio Mendoza
  • for abandoning and ordering the on-scene commander to abandon the Advanced Command Post
  • for failure to perform his duties as CMC Chairman
Simple Neglect and Misconduct in Office under Sec. 60 or the Local Government Code
Manila Vice-Mayor Francisco "Isko Moreno" Domagoso Administrative charges for negligence No basis to file any administrative or criminal complaints against Domagoso
Supt. Orlando Yebra Administrative charges for gross incompetence;
Preliminary investigation for possible criminal liability
Neglect of Duty under Sec. 2, Rule 21 of the PUR
No recommendation for further investigation for possible criminal liability
Chief Inspector Santiago Pascual III Gross incompetence
Preliminary investigation for possible criminal liability
Gross Incompetence under Sec. 2, Rule 21 of the PUR
No recommendation for further investigation for possible criminal liability
Ombudsman Merceditas Gutierrez Further investigation to determine whether offenses qualify as grounds for impeachment Send IIRC Report to the House of Representatives for appropriate action.
Deputy Ombudsman Emilio Gonzalez III Referral of IIRC findings to the Office of the President for further determination of possible administrative offenses Gross 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.

Gross Misconduct under Sec. 3 of the Anti-Graft and Corrupt Practices Act
RMN anchor Michael Rogas Endorsement of IIRC report to Kapisanan ng mga Brodkaster ng Pilipinas for the purpose of imposing sanctions for violating KBP Code of Ethics;
DOJ to initiate investigation to determine any other culpability
Referred to the KBP for possible violation of the applicable Code of Ethics
RMN anchor Erwin Tulfo Endorsement of IIRC report to Kapisanan ng mga Brodkaster ng Pilipinas for the purpose of imposing sanctions for violating KBP Code of Ethics;
DOJ to initiate investigation to determine any other culpability
Referred to the KBP for possible violation of the applicable Code of Ethics
Jake Maderazo Endorsement of IIRC report to Kapisanan ng mga Brodkaster ng Pilipinas for the purpose of imposing sanctions for violating KBP Code of Ethics;
DOJ to initiate investigation to determine any other culpability
Referred to the KBP for possible violation of the applicable Code of Ethics
TV5, ABS-CBN and GMA7 Endorsement of IIRC report to Kapisanan ng mga Brodkaster ng Pilipinas for the purpose of imposing sanctions for violating KBP Code of Ethics Referred to the KBP or to the appropriate media watchdog for possible violation of the applicable code of ethics.
SPO2 Gregorio Mendoza No recommendations Serious Neglect of Duty under Sec. 2, Rule 21 of the PNP Uniform Rules
Serious Illegal Detention;
Illegal Possession of Firearms
Serious Disobedience