De Lima: Raps vs PCG men not meant to appease Taiwan

MANILA, Philippines - The Philippines is not trying to appease Taipei with recommendations from the National Bureau of Investigation (NBI) that coast guard personnel involved in the fatal shooting of a suspected Taiwanese poacher off Batanes last month be held criminally and administratively liable.

Justice Secretary Leila de Lima made this clear as she revealed that a special fact-finding team of the NBI had submitted its report on the incident Tuesday night to President Aquino.

She said the recent meeting between the NBI team and its Taiwanese counterpart “was purely exchange of opinions and sharing of notes and evidence.”

“There was no influence from the Taiwan side,” she said. “There was an objective evaluation of evidence and deliberation of findings. But as to whether it is acceptable to all, it remains to be seen.”

She said she hopes the NBI findings would “jibe with those by Taiwan.”

“The report is now with the President and the NBI has recommended the filing of criminal and administrative charges against the PCG personnel,” she told The STAR in a text message from Madrid, Spain where she is attending the World Congress Against Death Penalty.

But De Lima declined to reveal specific findings of the NBI, including the charges recommended against the unnamed PCG men pending approval and clearance from the Palace.

NBI deputy director for regional operation services chief Virgilio Mendez said their “recommendation does not mean that there were already charges filed because there will still be preliminary investigations.”

A reliable source, however, said NBI investigators gathered enough evidence for the filing of murder charges against the PCG team involved in the fatal shooting of Hung Shih-cheng.

The insider said the NBI had established at least one of the six elements of murder under Article 248 of Revised Penal Code.

Even if there is no evident premeditation in the killing, a murder can also be committed “with treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity,” according to the source.

The PCG personnel fired at the fishing vessel even if Hung and his companions were unarmed.

De Lima also revealed that the NBI has established the territorial jurisdiction of the country over the incident. She said evidence showed the incident took place within Philippine territory as discussed in the first part of the report.

The STAR reported earlier that investigators had found violation of rules of engagement by the coast guards.

The source said the “self-defense” claim by the coast guards would be a good defense in court.

De Lima also declined to confirm if the NBI findings touched on the possible violation of the rules of engagement by the PCG team.

“I cannot confirm that. I can’t announce the exact charges recommended. Until the President approves or adopts the report it would be improper to disclose it,” she said. With Evelyn Macairan, Rey Galupo