Negotiator surprised by SWAT assault

MANILA, Philippines - Even the police negotiator in the Manila bus hostage-taking incident was surprised at its bloody outcome.

Superintendent Orlando Yebra, head of the Manila Police District (MPD)’s legal office who served as chief negotiator in the 11-hour standoff, told the incident investigation and review committee (IIRC) yesterday that he was still hoping for a peaceful resolution even after police had already started the assault on the bus.

Yebra said he was not consulted or even told of the decision to assault the bus and rescue the hostages.

“I had no idea. I was not informed of the assault. If I would be asked if it was already time to assault, I would have told them, ‘No, not yet’,” Yebra stressed.

Yebra, who was trained to handle hostage crisis in the Louisiana State Police Academy in 2002, said that at around 8 p.m., he was still trying to contact hostage taker Rolando Mendoza to inform him of developments in their deal for the issuance of an order from the National Capital Region Police Office (NCRPO) suspending the implementation of the Ombudsman decision dismissing him from the service pending appeal.

It was at this time when SWAT were conducting the assault on the bus, supposedly after Mendoza started firing his M-16 rifle on the hostages at around 7:10 p.m.

“Honestly, until now I still don’t know what triggered that (exchange of fire),” he said.

Yebra told the five-man panel led by Justice Secretary Leila de Lima that there was no clear cut rule or procedure requiring that the hostage negotiator should be consulted and informed by the ground commander before launching the assault.

Yebra admitted that there are no operational rules in the Philippine National Police covering hostage incidents.

Yebra said he had proposed in 2007 the creation of a hostage negotiation manual and a corresponding special unit, but the PNP has yet to act on it.

Yebra said he had also attended hostage negotiation trainings sponsored by international police organizations abroad.

But still, according to Yebra, there was no breach of rules on this aspect regarding the bloody hostage incident on Aug. 23

“Based on what I studied, an assault can be launched even during ongoing negotiation. A failed negotiation is not really a requirement for an assault. It all depends on the judgment call of ground commander, on how he sees the situation,” Yebra explained.

As far as Yebra is concerned, the negotiation with Mendoza was a failure.

“It was a failure for us. Especially for us negotiators, our objective is to save lives of hostages and even the life of the hostage taker,” he lamented.

Yebra said it would have been better if he was aided by intelligence officers who had vital information on Mendoza and the hostages.

He lamented that he was only given a printout containing the personal background of Mendoza. Yebra stressed it is vital for the negotiator to know the mental mindset of the hostage-taker.

Yebra told the panel that the initial phase of the negotiations went well, when Mendoza’s demands for food, bottled water and fuel for the bus were granted in exchange for the release of eight hostages.

Yebra recalled a couple of instances during the negotiations when Mendoza became irritated when his demands for a female TV reporter and cameraman were not immediately given.

He said Mendoza was asking for live coverage of him receiving the letter from Ombudsman Merceditas Gutierrez who had promised to review his case.

“I told him (Mendoza) that his request for media was approved, but he wanted them to go inside the bus so I said I would have to talk to my superiors again about it,” Yebra narrated.

He said Mendoza started to get mad after reading the letter from the Ombudsman.

“He was really mad. He said, ‘Ayoko ‘to. Basura ‘to, hindi ito ang kailangan ko (I don’t want this. This is rubbish. I don’t need this)’. I tried to pacify him and told him that we have another option – I would convince my boss to temporarily suspend implementation of the order. He told me then to go and talk to him about it again later,” Yebra said.

It was at this point when the hostage taker’s younger brother, SPO2 Gregorio Mendoza, approached the bus and started a commotion.

“SPO2 Gregorio said, ‘tol hindi pa binabalik yung baril ko. Pag di binalik baril ko ‘wag kang pumayag sa usapan’. Kaya nagalit na naman siya (Mendoza). Sinabi ko na lang sa kanya ibabalik na din mamaya (‘Brod, they still have my service firearm. If they do not return it, don’t make any agreement with them’. It was at this point that I told him that we would return his firearm later),” Yebra said.

He said he then went to the command post and convinced Manila Mayor Alfredo Lim and former MPD director Chief Superintendent Rodolfo Magtibay to secure the order from NCRPO.

Yebra said he was trying to call Mendoza to give him updates on the developments, but the hostage taker could no longer be reached.

According to Yebra, he did not see Gregorio creating a commotion while being hauled to a police van.

Yebra noted an order was given to “arrest” Gregorio on suspicions that he had a hand in the hostage taking with his brother, allegations denied by Lim who said he only tried to “contain” the situation from getting out of hand.

Minutes later, at around 7:10 p.m., Yebra said he was surprised to hear gunfire emanating from the bus.

Yebra said he still made the effort to call Mendoza to tell him of the NCRPO order reinstating him temporarily to the police force.

Lim: Police was in control

Manila Mayor Alfredo Lim said yesterday Manila police director Chief Superintendent Rodolfo Magtibay was in control of the hostage crisis last Aug. 23.

In an interview with The STAR, Lim said Magtibay had the final say in the police operations and negotiations during the hostage crisis.

Lim said as chairman of the Manila Peace and Order Council and Crisis Management Committee his task was to give advice, not to interfere with police operations.

“We were just giving advice,” he said. 

“There are three layers, the Peace and Order Council, where I am chairman and Vice Mayor Isko Moreno is the vice chairman.

“The Crisis Management Committee, I am the chairman and Vice Mayor Isko Moreno is the vice chairman. But the third layer, the implementing arm of the policy guidelines which is enunciated by the Crisis Management  Committee, is the ‘Critical Incident Management Task Group’. The head of this is General Magtibay.

“Under this (Critical Incident Management Task Group) is the SWAT (Special Weapons and Tactics), the security, and the (handling of the) media.

“They are all under him. We are not allowed to interfere here. If they would ask for help, that’s the only time we will act.”

Lim said the advice being given by the CMC is with the “authorization of Magtibay.”

“All being done must be with the approval of General Magtibay,” he said.

Lim said Magtibay was giving the final order.  

“I am only conferring with Magtibay,” he said.

Lim recalled that last Aug. 23, he left the scene of the hostage crisis at 6:45 p.m.

 “Nothing was happening during that time we were there (at the site),” he said.

“Just to clear this out. Maybe they thought that Emerald Restaurant was far away. Emerald is quite near (the site).

“It is not far away. They are saying we abandoned them. Col. Gutierrez was there, he is the number two man (of the Manila police). Colonel Yebra was also there, and other police officials.

“Why are they saying we abandoned them?”

Lim was referring to Senior Superintendent Alex Gutierrez, District Special Projects Unit commander.

“So I left to eat at Emerald Restaurant,” he said.

Lim said Yebra told him me that SPO2 Gregorio Mendoza, the hostage taker’s brother, was a conspirator and they want him to be charged as an accessory in the hostage taking.

“So I advised the police to handcuff him,” he said.

“But there were no handcuffs available. We also had a conference at the command post in Luneta to discuss the issuance of a reinstatement of Mendoza.

“Since nothing was happening, I left to eat at Emerald Restaurant. I had not taken my lunch yet (and it was already evening time).

“But I was monitoring the incident (on television at Emerald). Magtibay also followed me there, but he first contacted Director General (Leocadio) Santiago (National Capital Region Police Office commander) if the reinstatement order could be given.”

Lim said when Magtibay had told Santiago that he was at the Emerald, Santiago, Interior Undersecretary Rico Puno, Superintendent Roberto Rongavilla and a certain General Ubalde, of the legal department of the PNP,  also went to Emerald Restaurant and discussed the letter of reinstatement.

The draft of the letter of reinstatement was done at the Manila police headquarters, he added.

Lim said Magtibay went to the Emerald after talking to Santiago. “It is not against protocol. People have their own perception, their own interpretation. I only said what was my role. The time element is important.”- With Sandy Araneta