De Lima to Manila hostage-taking survivors: Apology is too much

MANILA, Philippines—An apology is too much, Justice Secretary Leila de Lima said in response to the call for a formal apology from the government to the families and survivors of the Aug. 23, 2010, hostage-taking incident in Quirino Grandstand in Manila.

“The President, on several occasions already made an expression of regret as to what happened. As to whether the government is prepared to make such a formal apology, that is something that the government is not minded to do at this point,” De Lima said at a press conference Monday after meeting with the relatives and survivors of the incident, who arrived from Hong Kong on Sunday night.

“It is too much really to issue an apology,” she said.

The victims also asked for compensation from the Philippine government.

“Under the Philippine law, anyone is afforded the right to seek redress by way of damages. We understand they would want to avoid a legal process, which is protracted, tedious, painful and expensive,” De Lima said.

The relatives of the victims and survivors who were present asked if a negotiation for the compensation is possible.

De Lima said, “There is nothing that can prevent them from making a demand so that negotiations or discussions will be triggered in terms of looking at that.”

“But I am in no position to advise them, if it is possible to advise them legally under our own laws,” she added.

Present during the meeting were Lee Ying Chuen, who was wounded during the incident; James To Kun Sun, Hong Kong legislative councilor; Tse chi kin, elder brother of tourist guide Masa Tse, who died during the incident; lawyer Man Ho Ching; Tse Chi Hang; and Lee Mei Chun.

De Lima headed the Incident Investigation and Review Committee (IIRC) that conducted an investigation on the incident to determine who should be held liable.

The IIRC identified eight critical errors committed in handling the hostage crisis:

1.) Manila Mayor Alfredo Lim failed to properly activate the crisis management committee, depriving the chief negotiator and others of critical information and operational intelligence;

2.) The authorities were unable to appreciate Mendoza’s demands, and there was a lack of communication with and involvement of the Department of Justice;

3.) Gregorio Mendoza was allowed to join the negotiating team;

4.) The side issue of Gregorio Mendoza had been allowed to preoccupy Lim, Rodolfo Magtibay and chief negotiator Orlando Yebra at a critical moment, setting off a chain of events that led to Mendoza becoming “fatally hostile”;

5.) Lim decided to arrest Gregorio Mendoza.

6.) Lim and Magtibay were absent from the command post at a crucial time, having a meal, which created a decision-making vacuum;

7.) The assault took place without vital information about the bus. Magtibay rejected an order from the Philippine National Police director for Manila to use the national elite Special Action Force; and

8.) There was no plan for what to do after the assault and the crime scene was not preserved.

The IIRC recommended that charges be filed against several personalities but the recommendation was revised when it reached Malacañang.

The IIRC recommended the filing of administrative and criminal cases against Manila Mayor Alfredo Lim, but Malacanang said that Lim should be held liable for simple neglect of duty and misconduct.

Manila Vice Mayor Isko Moreno, according to the IIRC should be held administratively liable for negligence, but Malacañang said there was no basis for filing any case against him.

The IIRC recommended that an administrative case be filed against negotiator police Superintendent Orland Yebra and that possible criminal liability should be determined, but the Palace only recommended neglect of duty without any recommendation on possible criminal case.

The IIRC also recommended that Chief Inspector Santiago Pascual be held liable for gross incompetence and possible criminal action, but the Palace affirmed the gross incompetence case without recommendation for possible criminal liability.

De Lima, during the press conference, said she was not sure if they could still file criminal case against those that Malacanang opted not to hold criminally liable.

“The IIRC ceased to exist after it has fully discharged its mandate. This is a matter of relaying their request that the President review or reconsider the filing of criminal charges against those recommended by the IIRC,” De Lima said.

The hostage crisis started when dismissed police officer Rolando Mendoza hijacked a tourist bus in the morning of Aug. 23, 2010, in an attempt to air his side in a fair hearing.

Due to failed negotiations after almost 10 hours of stand-off, he started shooting the passengers, eight of whom died.