On Senate's gunfire defense: Warning shots barred under PNP rules

MANILA, Philippines (Updated 2:44 p.m.) — For the Philippine National Police, a warning shot is not a warning.
Police Brig. Gen. Alan Manibog, deputy director of the PNP Directorate for Operations, said the PNP manual categorically prohibits warning shots.
"As to warning shots, it is strictly written in the provisions of the [PNP Operational Procedures] that the use of warning shots is not allowed in any instance or circumstance. So we do not use warning shots," Manibog said in an interview with Radyo Pilipinas on Saturday, May 16.
Manibog said police procedure requires a different response because warning shots create more danger.
"It is because delikado iyon. It can create more danger," he said. "So we would rather use another approach, like megaphones or verbal commands."
The remarks came after acting Senate Sergeant-at-Arms Roberto "Mao" Aplasca, a retired police general, admitted firing first during the May 13 gunfire incident at the Senate after National Bureau of Investigation personnel were detected near the chamber's rented premises.
The incident occurred while the Senate was under lockdown after Sen. Ronald "Bato" dela Rosa claimed his arrest was imminent. Gunshots later rang out, most of them from Senate security. No casualties were reported, but Dela Rosa was able to leave the Senate before dawn amid the chaos.
Matibag questions warning shot
In a "Facts First" interview Friday evening, May 15, NBI Director Melvin Matibag also questioned the use of a warning shot, saying the standard cited by Senate security did not apply in the situation.
"[Aplasca] used to be director for operations of the PNP. He said, you are only entitled to warning shots if you are outnumbered and the force you're facing is overwhelming," Matibag said in Filipino.
"Second, firing a warning shot does not apply to him because he is not law enforcement. He is security personnel, as Sergeant-at-Arms," the NBI chief added.
What Aplasca's team could have done was communicate with the NBI instead of acting on assumptions that the Senate was about to be stormed.
"What he did was act all based on assumptions," Matibag said. "He felt they would be assaulted, there was drilling."
Possible charges
Police Brigadier General Randulf Tuaño, the PNP spokesperson, said anyone who fires outside protocol may face complaints for indiscriminate firing or alarm and scandal.
Manibog, however, spoke only on PNP rules and said he could not determine whether the same circumstances applied in the Senate incident. He said the threshold for firing a weapon is narrow.
"The use of firearms can be made only when there is an imminent threat upon oneself, or in self-defense, or in defense of a stranger," Manibog said.
Asked whether the presence of a long firearm would be enough, Manibog said the danger must be clear.
"If there's an imminent threat, kung klaro na sa atin na may delikado sa buhay mo, puwede kang mamatay, puwede kang masaktan, o puwedeng masaktan ang kasama mo, then we can use our firearms," he said.
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