NBI-National Capital Region executive officer Ferdinand Lavin said the DOJ will now determine how to proceed with the criminal aspect of the case against the respondents even as the TV game show "Wowowee" resumed its broadcast yesterday, retaining Willie Revillame as host.
"It is possible that the prosecution panel might ask the respondents in the case to appear," Lavin said.
NBI-NCR Regional Director Ruel Lasala said they do not see any problem with ABS-CBN television deciding to resume airing the noon-time game show after 35 days off the air.
"There is no temporary restraining order preventing them from airing the show," Lasala pointed out.
Lasala said the NBI stands pat on its recommendations before the DOJ to file criminal charges against Revillame and the organizers of "Wowowee."
The NBI has recommended the filing of criminal charges against Revillame and 16 other people, most of them ABS-CBN top officials including its executive vice president Charo Santos-Concio and senior vice president Maria Socorro Vidanes.
The NBI also recommended the filing of administrative charges against Pasig Mayor Vicente Eusebio before the Department of the Interior and Local Government (DILG).
Top ABS-CBN officials, however, claimed the NBI’s recommendations had no legal basis.
The media firm accused the investigators of being selective by overlooking the possible negligence and culpability of policemen implementing crowd control during the incident.
But Lasala pointed out they could not withdraw the NBI recommendations made before Justice Secretary Raul Gonzalez on Wednesday afternoon.
"We can no longer withdraw or take back our report, we can no longer make any changes because that would be tantamount to tampering with evidence and we have already affixed our signatures," Lasala explained.
He said it would be up to the DOJ to make the necessary changes.
"The DOJ will still conduct a preliminary investigation so they could either place additional names or remove some names from our list of recommendation for prosecution, or they could sustain it completely," Lasala said.
He pointed out the NBI conducted interviews for almost a month with survivors of the stampede.
Investigators took down sworn statements of hundreds of the victims and collated the evidence, which included more than 900 medical certificates, to support the criminal case.
"Wowowee" organizers have tried to point to the culpability of police authorities in failing to control the crowd which had swelled to close to 30,000 in the early morning hours of Feb. 4.
They reportedly had requested then Pasig City police chief Superintendent Raul Medina to provide police assistance and protect the fans from prowling criminal elements.
"Wowowee" was supposed to air its first anniversary celebration on that day, and had announced huge prizes and giveaways which had triggered a frenzy among its fans, the investigators said.
"There was no specific clear-cut tasking for the PNP to take charge of the crowd control. In fact, during the emergency meeting the PNP was not called to attend," Lasala added.
He said ABS-CBN deployed the majority of its security personnel at the St. Martin street gate of Ultra, where a prior but minor commotion had occurred.
But the big stampede that killed the 72 people happened at the LRP gate located along Captain Javier street, he noted.
After long hours of waiting, with some of the crowd camping outside the Ultra for days to get tickets, a tense atmosphere prevailed among those lined up to enter the stadium.
When the organizers announced that not all the fans would be accommodated in the Ultra, which seats only 17,000, many in line started pushing their way toward the gate, in the process pinning and trampling over those in the front, many of them senior citizens.
Because a portion of the Captain Javier street was angled 30 degrees downhill, many in line lost their balance during the pandemonium, Lasala said.
Several people were trampled to death during the stampede.
"The people were indifferent" to the pile-up of those who had stumbled in front of them, the NBI official added. "The people continued to ask for their entrance tickets. I think this is the most terrible and bizarre detail."