The Ombudsman also found probable cause to criminally charge NBI agents Angelito Magno, Arnel Pura, Danilo Garay, Rey Tumalon and Teodoro Saavedra.
Charges of multiple frustrated murder and double attempted murder were filed against the five NBI agents as well as nine confidential agents with the Mandaue City Regional Trial Court yesterday.
The confidential agents, who took part in the "near-massacre" of six Plantation Bay resort workers, are television reporter Paul Lauro, Joey Cal, Lex Boniface, Eric Ayag, Noe Dimaunahan, David Pantano Jr., Allan Magallon, Ric Cruz and a certain Boy Son.
The Ombudsman has recommended bail of P200,000 for each of the respondents.
The dismissal and perpetual disqualification of the five regular NBI agents also carry the forfeiture of all their benefits.
While spared from any criminal liability, Romulo Manapsal, the NBI regional director at the time of the incident, was nevertheless held administratively liable for simple misconduct and was ordered suspended for six months.
Ombudsman director Virginia Palanca-Santiago said evidence shows those involved in the incident had the intent to kill the victims when they chased and fired at will at the van the resort workers were riding in, on the mistaken notion they were drug traders they had been looking out for.
Santiago said Manapsal’s only violation was his defiance of a directive by NBI director Reynaldo Wycoco calling for the termination of all confidential agents.
The Ombudsman’s decision did not sit well with the new NBI regional director, Reynaldo Esmeralda, who said he believes the penalty imposed on his men is "so severe and disproportionate to the charges filed against them."
Esmeralda described the incident as nothing but an "accident" that occurred during what he said was a legitimate operation, and that there was actually no intent to harm the victims.
Investigators found at least 72 bullet holes in the victims’ Mitsubishi L-300 van. — Freeman News Service