Jose Palma, lawyer of the world-class resort in Mactan, said they are gathering evidence in preparation for the filing of multiple frustrated and attempted murder charges against the NBI agents and assets who took part in the near-massacre.
One of the NBI assets is said to be a Cebu radio reporter.
At least 73 bullet holes were found in the Mitsubishi L-300 van which the six Plantation Bay employees were riding in on their way home from a party in Mactan.
NBI director Reynaldo Wycoco has ordered an investigation into the incident.
"From what I was told, it was in the performance of their official duty. The vehicle was exactly the same as the one the agents were looking for," he said.
"But we will investigate if there were violations of the rules of engagement," he added.
The charges which Plantation Bay is filing are not the only worries of NBI agents Arnel Pura, Angelito Magno, Teodoro Saavedra, Danilo Garay and Rey Tumalon as well as NBI regional director Romulo Manapsal, as at least three Cebu lawmakers have apparently closed ranks against them.
Rep. Nerissa Soon Ruiz, of Cebu’s sixth district where the incident took place, is expected to deliver a privilege speech in the House of Representatives today to call on President Arroyo to sack Manapsal and suspend the NBI agents.
An angry Ruiz said she would also call for a separate investigation into the NBI’s continued practice of utilizing so-called confidential agents or assets in operations that require the use of firearms when they are supposed to assist only in intelligence gathering.
Ruiz was joined by Cebu City Reps. Antonio Cuenco and Raul del Mar in condemning the incident. Cuenco also wants Manapsal sacked and the agents suspended. Del Mar is going along with the call to suspend the agents but not with the sacking of the NBI regional director.
The agents arrested a certain Emmylou Go Gimeno in a drug operation early Friday. She told the agents that her alleged supplier, Roberto Gegremosa, would be in a Mitsubishi L-300 van.
Plantation Bay sports manager Michael Monsod was driving a similar van when the NBI agents spotted them. He had just celebrated his birthday and was coming home from a party with resort employees Alfie Fernandez, Carlo Cajoles, Don Enable, Nenette Castillon and Sunshine Gregorio when they ran into the NBI agents’ stakeout shortly after dropping off Enable in Barangay Looc in Mandaue City.
The NBI agents tried to flag down Monsod’s group. But it was 2 a.m. and the Plantation Bay employees had no way of knowing if the armed men trying to stop them were NBI agents and not robbers, so Monsod sped off.
The NBI agents gave chase and when the van refused to stop, began firing a hail of bullets at it. With tires busted, its body punctured all over with bullet holes, and Monsod, at the wheel, hit, along with all his passengers, except Fernandez, the van was eventually brought to a halt.
But witnesses said that even as the van no longer moved, the agents continued firing. They described the incident as a "massacre."
Eventually, the firing stopped and when the agents realized their mistake, they took the victims to the hospital and left them there. — Freeman News Service, Mike Frialde