Palace: No comment until release of Taiwan probe report

MANILA, Philippines - Malacañang yesterday said it would not make any official statement on the parallel investigations conducted by Philippine and Taiwanese authorities on the shooting of a Taiwanese fisherman by the Philippine Coast Guard (PCG) until after the findings have been published.

The National Bureau of Investigation (NBI) and Taiwanese teams concluded on Friday their separate probes on the death of suspected Taiwanese poacher Hung Shih-cheng last May 9 in seas off Balintang Channel.

Justice Secretary Leila de Lima said that over the weekend, the NBI started preparing its report which will be submitted to President Aquino first before its release to the public.

“Any comment that we can make about certain aspects of the investigation or certain findings will be done after the report is made public,” deputy presidential spokesperson Abigail Valte said.

Valte issued the statement in the wake of a newspaper report that members of the PCG were seen in a video footage “laughing” when they fired at the Taiwanese fishing vessel, and that PCG allegedly used “excessive force” against Hung and his fellow fishermen.

“I understand that that particular story was being attributed to a source. At this point, we would not wish to make any comment until the final results of the investigation have been made public,” she said.

“We would like to caution the public on these anonymous reports that may or may not really be the actual thing,” she said.

Even De Lima said that reports on the findings of the NBI in the media remain “hypothetical” and “speculative” at this point.

The newspaper report on the supposed behavior of the PCG personnel did not state how their actions would figure in the findings.

But an NBI official, who spoke on condition of anonymity, said “laughing” will not prove murder or homicide intent.

Meanwhile, the left-leaning fisherfolk alliance Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) urged De Lima to file charges against the PCG members who were seen laughing while shooting the Taiwanese fishing vessel.

“We appeal to Secretary De Lima’s sense of objectivity and passion for truth and justice. The video showing six members of the PCG laughing as they turned West Philippine Sea into a firing range is both outraging and unacceptable to the Taiwanese and Filipino people. We strongly compel the secretary of justice to immediately file criminal and other appropriate charges against the leadership and members of the PCG for carrying out this brutal murder of a 65-year old fisherman in the West Philippine Sea,” Pamalakaya vice chairperson Salvador France said in a statement.

The Pamalakaya leader also said appropriate charges should be filed against officials and members of the Bureau of Fisheries and Aquatic Resources (BFAR) who were with the members of the PCG at the time of murder.

DOJ brushes off murder complaint

De Lima also brushed off the murder complaint filed by the daughter of Hung before the Pingtung prosecutor’s office in Taiwan, saying the Philippines does not have any jurisdiction to act on the criminal charges.

“That should be addressed by Taiwanese laws and in accordance with the legal processes of Taiwan. We have nothing to do with that and we are not supposed to interfere with the progress of that case,” De Lima said.

She said the PCG personnel who would be named respondents in the murder complaint in Taiwan cannot be immediately brought there to face the charges or possibly stand trial.

“There is no extradition treaty between the Philippines and Taiwan,” De Lima said, adding that what could be done in such case is cooperation through an existing mutual legal assistance agreement.

Hung’s daughter, Hung Tzu Chien, filed the murder complaint but did not immediately name the respondents pending completion of the report of the Taiwanese investigators.

Unlike in Philippine law, filing of cases ahead of investigations is allowed under Taiwanese law.

No consolidation of findings

De Lima reiterated that the investigations conducted by the NBI and Taiwanese authorities were separate and not a joint probe where both camps need to agree on their findings.

She said differences on the findings of both teams would not require a consolidation of reports.

“We can sit down and discuss the findings with each other but one side cannot dictate or impose its conclusion on the other. It will not be acceptable to interfere in the results of the probe,” she said. - With Edu Punay, Michelle Zoleta