The Philippine National Police (PNP) on Wednesday said it is recommending the filing of charges against suspended acting Senate Sergeant-at-Arms Mao Aplasca and two other Senate security personnel in connection with the May 13 shooting incident at the Senate.
In a press briefing, the PNP’s Criminal Investigation and Detection Group (CIDG) said possible violations of the Rules of Engagement and the provisions of Republic Act No. 11917, or the Private Security Services Industry Act, were committed.
Asked if the charges would be filed against personnel from the Senate’s Office of the Sergeant-at-Arms (OSAA), CIDG chief Police Major General Robert Morico II replied in the affirmative.
He said Aplasca and two other OSAA personnel fired their guns during the incident.
He added that the PNP would submit its findings and recommendations to the Department of Justice (DOJ).
“As directed by the (Secretary of the Interior and Local Government Jonvic Remulla) and Chief PNP (Jose Melencio Nartatez Jr.), we will be transmitting our findings sa Department of Justice, findings and recommendations,” Morico said.
“It is up to the Department of Justice to reassess our findings,” he added.
GMA News Online has reached out to Aplasca and current OSAA officer-in-charge Manuel Parlade for comment and will update this story once a response is received.
No attack
Morico said the CIDG investigation found that there was “no attack” on the Senate.
He said the use of warning shots by OSAA personnel was not allowed under existing rules governing private security services and even under police operational procedures.
According to the CIDG chief, more than 40 shots were fired during the incident.
He said investigators found no unlawful aggression on the part of the National Bureau of Investigation (NBI) agent involved in the incident.
The NBI agent fired back only after OSAA personnel allegedly fired continuously, according to Morico. He described the NBI response as “suppression fire” to allow them to escape safely.
“The NBI agent was the one who was assaulted,” Morico said.
He added that investigators are looking into possible administrative sanctions against individuals who allegedly provided incorrect information that heightened the tension and led to the shooting.
“Who fed [Aplasca] the wrong information na aatakehin tayo (that there would be an attack)?” Morico said.
“And who was remiss doon sa duty nila to verify from their counterpart kung ano ba talaga ang nagyayari sa other side ng (what was happening on the other side of) GSIS?” he added.
Meanwhile, Morico clarified that the banging or hammering on doors at the GSIS building was done by GSIS maintenance personnel to reinforce doors after concerns raised by Senate security.
He said this was coordinated with maintenance teams.
In an interview with Balitanghali, DOJ spokesperson Polo Martinez said they will wait for the report from the law enforcement agencies.
“Today po ang deadline ng law enforcement agencies sa pagbigay ng complete evidence to the DOJ. Tatanggapin po natin ‘yung evidence today. So lahat po iyan will form part of the wealth of evidence that we have and that we will be receiving eventually,” he said.
(Today is the deadline of law enforcement agencies to submit their complete evidence to the DOJ. We will receive their evidence today. All of that will form part of the wealth of evidence that we have and that we will be receiving eventually.)
He added their investigation will focus on determining whether any crime was committed during the shooting incident within the Senate premises, rather than the motives behind it.
“Ang titingnan lang naman ng DOJ is kung may krimen na naganap. As to the motivations behind it, labas na po doon sa pagdetermine ng krimen because as we know, under the law ang krimen may mga elements ‘yan, condition na kelangan ma-satisfy bago natin masabi na okaw sasampahan talaga ng kaso to,” Martinez said.
(The DOJ will only look into whether a crime was committed. As to the motivations behind it, those are outside the determination of the crime because, as we know, under the law, a crime has elements and conditions that must first be satisfied before we can say that a case should really be filed.)
“As to the context of how things occurred, the DOJ will just be looking strictly at the facts, keeping it factual and determining if criminal charges are warranted,” he added.
The shooting incident occurred on the evening of May 13 amid heightened tensions at the Senate, where Senator Ronald “Bato” dela Rosa had sought protective custody following reports of a possible arrest linked to an arrest warrant issued by the International Criminal Court (ICC).
Authorities imposed a lockdown at the Senate complex after reports circulated that National Bureau of Investigation (NBI) personnel were in the vicinity.
Gunshots were later heard inside the Senate building, triggering panic among employees and members of the media. No injuries were reported. The PNP subsequently raised a full alert status and deployed additional personnel to secure the Senate premises.
During a Palace briefing on Tuesday, Remulla and Nartatez presented CCTV footage and initial investigative findings, saying there was no evidence that the Senate had come under attack despite earlier claims suggesting an assault on the institution.
Remulla said authorities reviewed footage from both the Senate building and the Government Service Insurance System (GSIS) complex and found no indication that NBI agents entered the Senate premises on May 13.
“All evidence points that there was no attack at the Senate,” Remulla said.
According to Remulla, investigators found that prior to the shooting, Aplasca had allegedly issued instructions to “lock and load,” while security footage showed no active threat inside the Senate at the time gunfire erupted.
Meanwhile, Martinez said there is no protective custody under Philippine law, but as a sign of respect to the Senate as a co-equal branch of government, Justice Secretary Fredderick Vida ordered the National Bureau of Investigation (NBI) to stand down.
“Ayon po sa batas, walang protective custody under the law. Technically, wala po, but we do understand their (Senate) sentiment. Para wala nang gulo, directive of us to stand down,” he said.
(Under the law, there is no such thing as protective custody. Technically, there is none, but we do understand the Senate’s sentiment. To avoid further conflict, we were directed to stand down.)
Martinez also said the country has an “obligation” to serve the ICC arrest warrant against Dela Rosa since the Philippines was still a member of the international court when the alleged crime was committed.
“It will still affect our obligations. So it’s not a foreign court, it’s not a foreign warrant; it’s an international court and international warrant,” he said.
Dela Rosa has been included in the list of defendants on the ICC website after the tribunal unsealed the arrest warrant against him for crimes against humanity, identifying him as “at large.”
The ICC noted that he was a police officer who held various positions in the Philippine National Police and served as a director general of the Bureau of Corrections. —with a report from Mariel Celine Serquiña/ MCG/AOL, GMA News
