Deputy Ombudsman fired for liability in hostage incident

MANILA, Philippines – The Palace has dismissed Deputy Ombudsman Emilio Gonzalez III for gross neglect of duty in the complaint filed by Rolando Mendoza, the hostage-taker who went into shooting rampage during the August 2010 hostage incident here.

In a directive, Executive Secretary Paquito Ochoa said the decision reflected the administration’s commitment “to hold those responsible” in the incident that claim the lives of eight Hong Kong nationals.

The Palace official cited that Gonzalez failed in properly handling the complaint of the beleaguered cop that prompted him to hold hostage a bus filled with Hong Kong tourists to get the government’s attention.

The cop accused the graft official of asking P150,000 in exchange for the dismissal of the case filed against him and four others.

The dismissal of Mendoza and four others belonging to the Manila Police Mobile Unit stemmed from an extortion complaint filed by student-chef Christian Kalaw in 2008.

Kalaw said Mendoza allegedly demanded P200,000 in exchange for his freedom. But the amount was later settled to P20,000, the complainant said in his affidavit-complaint.

But the case against the policemen failed to prosper before the City Prosecutor’s office, as Kalaw never appeared to pursue his complaint. It was elevated to the PNP’s Internal Affairs Service, but it was also dismissed for failure of Kalaw to appear.

In July 2008, Gonzalez directed the PNP to turn the case over to his office.

But in its report, the Incident Investigation and Review Committee (IIRC) observed that “the Ombudsman exercised jurisdiction over the case based on a letter issued motu propio by Deputy Ombudsman Emilio Gonzalez III, directing the PNP-NCR – without citing any reason – to endorse the case against Mendoza and the arresting policemen to his office for administrative adjudication, thereby showing undue interest on the case.”

Seven months later, Gonzalez ruled for the dismissal of Mendoza and the four other policemen. The ruling was approved by Acting Ombudsman Orlando Casimiro in May 2009.

The IIRC pointed out that the ruling was based “on the sole and uncorroborated complaint-affidavit of Christian Kalaw, which was not previously sustained by the City Prosecutor’s Office and the PNP Internal Affairs Service.”

In other words, the one and only piece of evidence considered by Gonzalez’s office was the first affidavit executed by Kalaw when he filed his complaint before the City Prosecutor’s Office.

But not losing hope, Mendoza filed a motion for reconsideration in November 2009, where it remained unresolved for nine months, until the disgruntled cop finally took his hostages.

“By allowing Mendoza’s motion for reconsideration to languish for nine long months without any justification, Ombudsman Gutierrez and Deputy Ombudsman Gonzalez committed complete and wanton violation of the Ombudsman prescribed rule to resolve motions for reconsideration in administrative disciplinary cases within five days from submission,” the IIRC report noted.

This is the first time that the Palace acted on the IIRC recommendation since the probe body released its report on September 16, 2011.

In its report, the IIRC recommended disciplinary actions against then MPD chief Rodolfo Magtibay, Manila Mayor Alfredo Lim, Local Government Undersecretary Rico Puno, among others. (With PCIJ)