An act or omission may not be deemed a crime unless a law defines it as such and provides a penalty. A person may be held criminally liable only for his own actions or omissions. In Rubrico v. Arroyo G. Reckless Imprudence consists in voluntarily, but without malice, doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform an act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons time and place Article , Revised Penal Code.
Simple Imprudence consists in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest Article , Revised Penal Code. A successful indictment for criminal negligence is contingent on the existence of a positive legal duty on the part of the defendant. In the absence of any statute that mandates the performance of such legal duty, the defendant cannot be considered criminally negligent and thus incurs no liability People v.
Susan Valerie Heitzman, 9 Cal. Neglect of Duty is the failure of an employee to give his attention to a task expected of him and is censurable under the Civil Service Rules.
Gross neglect of duty denotes a flagrant and culpable refusal or unwillingness of a person to perform a duty. PRA v. Rupa, G.
Gross neglect of duty or gross negligence refers to negligence characterized by the want of even slight care, acting or omitting to act in a situation where there is a duty to act, not inadvertently but willfully and intentionally, with a conscious indifference to consequences, insofar as other persons may be affected.
In the case of public officials, there is gross negligence when a breach of duty is flagrant and palpable. CSC v. Rabang, G. It is listed as an offense under the Omnibus Rules Implementing E. Simple Neglect of Duty, on the other hand, signifies a disregard of a duty resulting from carelessness or indifference. It is also an offense under the Omnibus Rules Implementing E.
Gross Incompetence is listed as a grave offense under Memorandum Circular No. A mistake in judgment committed by a public officer, absent any criminal or ill-intent does not make a public officer criminally liable The United States v. Elias Cueto, G.
L, October 29, Pertinent provisions of the Crisis Management Manual issued in November provide: a. Peaceful Means and other Option in the Resolution of a Crisis — The government shall exhaust all peaceful means in seeking solution to a crisis to minimize, if not prevent, the loss of life and destruction of property….
Armed action shall, however, be calibrated as required by the situation, to ensure safety of victims and innocent civilians. No-Compromise with Terrorists — The government shall not accede to blackmail or terrorist demands. Nor shall it grant ransom or concessions that will benefit the perpetrators and give terrorist an operational advantage over the government. Terrorist shall be prevented or denied from benefiting from the fruits of their crime. In situations involving foreign nationals, the government shall act in accordance with its policies, and maintain close contact and coordination with the foreign government concerned.
Prompt Handling of a Crisis at the Lowest Level Possible — All terrorist-based crisis are generally police matters and shall be handled as such unless the situation escalates into that which requires a higher unit of authority to carry out the government Anti-Terrorism Policy.
Handling Hostage Situations i. Achieve the early liberation of the hostages or victims. The lower level CMCs are composed of the political leadership, military and police organizations, and the non-government organizations in the locality. The CMCs shall exercise prior planning, decision-making, and coordination at their respective levels in accordance with the guidelines of the higher level POCs and CMCs. The OSCP shall be established at the vicinity of the crisis incident site where it can best monitor and control the crisis management operations.
He shall be responsible for everything that is happening at the crisis incident scene. He shall exercise direct command and control over all negotiation, operation, support and public affairs groups assigned to him by the CMC, regardless of the presence of any officer more senior than him, unless relieved by higher competent authority. All orders at the scene of the crisis incident shall emanate from the On-Scene Commander only.
He shall communicate and clear all his actions, if necessary, with the CMC. Conclusions 1. Rodolfo Y. Magtibay there is no dispute that Magtibay was the On Scene Commander being referred to in the Crisis Management Manual, therefore it was his obligation to take full charge of the situation and make all necessary decisions.
There is no showing that he organized the 4 sub-task groups required to be organized under the Crisis Management Manual. There is no showing that he met the negotiators or the other officers to plan how to handle the situation. There is no mention of anybody being put in charge of debriefing the released hostages. It does not appear that there was a clear plan drawn on how to handle the hostage taking situation.
Magtibay may be also found liable for Serious Neglect of Duty under Sec. Medina informed him of the instructions of the President to use the SAF should the bus be assaulted, and he said yes. Police Director Leocadio Santiago, Jr.
However, he was the immediate superior of Magtibay but it appears that he did not closely and actively monitor how Magtibay was handling the hostage situation.
When he learned that the assault was stalled and the SAF was not used, he ordered Supt. Medina to take charge and use the SAF. Versoza a. There is no finding of fact that justifies holding Chief PNP Versoza accountable for any administrative or criminal offense in the conduct of PNP operations during the hostage-taking incident.
Furthermore, the hostage-taking was determined as a local incident. Rico E. Puno a. Given the facts as established in the IIRC Report, there is no basis to file any administrative or criminal complaints against Usec. Puno was only mentioned in the statement of facts as having been briefed by Col. He again tested the thickness of the glass. Yebra asked if Mendoza had any particular reporter in mind.
The two then went to the Crisis Committee and relayed the demand for a lady reporter and cameraman. During their meeting, Moreno called Yebra. Once in Luneta near the Grandstand, Gonzales texted Mendoza that Agojo was working things out with the police.
She then waved to Mendoza inside the bus. The General is asking for you. Two policemen escorted him to the back of the Grandstand and they took a mobile patrol to the PCP where he was questioned and investigated by the police.
He was also interviewed by Susan Enriquez. Huwag ka lang mag-alala, we are now tackling your issue. Do not worry we are now tackling your issue. Mendoza replied in a polite manner. Mendoza refused the condition since he wanted the interview conducted inside the bus. Yebra told Mendoza that if he insists in his demand, clearance has to be acquired from the Crisis Committee.
No reply was heard by the negotiators from Mendoza. Magtibay then told Enriquez to leave the PCP without asking her what she and Mendoza talked about over the phone. Medina was told by the President that they will just see each other later. Puno at p. They arrived at MPD at and met Gen. Santiago who ordered Medina to proceed to Quirino Grandstand to link up with the SAF team consisting of 16 men including snipers which was already deployed at the southern end of the Grandstand at p.
Gregorio replied that what happened to Mendoza was wrong, that he was dismissed even when there was a motion for reconsideration. Lim asked why they did not write to the Ombudsman. Gregorio replied that the Ombudsman is in hot water so they agreed to come out with it already.
He continued that what they wanted was the vindication of his name and the restoration of his honor and to see to it that reinstatement is made. He saw Mayor Lim with the police generals and officials and handed the letter to him. The letter to Mendoza from the Ombudsman was read in the presence of Gregorio and he was asked if the letter will help Mendoza and is the means for his situation to improve.
Gregorio said yes. The negotiators then proceeded with Gregorio to the bus. Mendoza called the tour group leader TSE Ting-chunn Masa who was seated at the back of the bus to the front and handcuffed him to the handlebar of the refrigerator near the door of the bus.
In the interview Mendoza expressed hope on the outcome of the Ombudsman negotiations of the Vice Mayor, expecting a reversal of his dismissal. He also expressed reservations on releasing the hostages if the decision of the Ombudsman is not in his favor.
He then recited the facts of his administrative case live on radio. Rogas talked to Lubang and listened in on the conversation at the other end of the line as his broadcast continued. After reading the letter, Mendoza said that the letter was garbage and that what he needed was a decision reversing or sustaining the decision, and that he would have even preferred a decision dismissing his reconsideration rather than a letter promising another delay in the resolution of his case.
All the while that Mendoza was talking to Yebra, Rogas kept on calling his attention to continue their live interview in the middle of the hostage negotiations. Mendoza then threatened to make an example out of one of the hostages and told people to step aside. Rogas continued his live interview asking Mendoza questions for five minutes as the negotiators waited outside for him to finish.
Yebra then asked if it is alright with Mendoza if his dismissal is recalled and Mendoza is reinstated, pending the resolution of his motion for reconsideration with the Ombudsman. Yebra asked if the hostage-taking will then end, Mendoza said they will talk again. At , Mendoza fired a shot. Mendoza was talking on the phone when he opened and read the contents of the envelope. Niloloko nyo lang ako! Hindi ito ang hinahanap ko, Order and kailangan ko!
You are just fooling me! This is not what I am looking for, what I need is an Order! Titigilan na ba natin ito? Will we put an end to this? Mendoza fired a shot and Yebra said it was just a warning shot. Salvador said the shot was directed at him and it just missed.
Yebra handed the envelope to Lubang who in turn handed it over to Mendoza who was talking to someone over the phone.
Mendoza then read the letter to the person on the phone. Mendoza then handed the letter back to Lubang which he in turn handed back to Yebra. Hindi ito ang hiling ko. Wala naman dyan ang gusto kong desisyon eh. Ibalik nyo yan doon" That is not what I need. This is not what I asked for. That is garbage. The Decision that I want is not there. You return it.
Ayaw ko na kayong kausap. Lumayas kayo sa harap ko! I do not want to talk to you anymore! You get out of my sight! Yebra and Salvador just walked away from the bus with Gregorio.
At that time the atmosphere was completely different. The atmosphere inside the bus was suddenly getting tense. Yebra berating someone so he went inside the PCP. He discovered that Col. Yebra was angry at Gregorio. Kapag di nila binalik huwag kang pumayag sa usapan. If they do not return it do not abide by your agreement. He continued that when a shot was fired, Yebra told Salvador that it was just a warning shot. Salvador disagreed and told him he was in the line of fire.
Yebra told Magtibay that Gregorio was a conspirator. Yebra explained to him that review was the first step to reinstatement.
Padala na yan sa Headquarters para maimbestigahan. Bring him to Headquarters for investigation. Po to produce handcuffs and to put policemen on stand by to take Gregorio to the MPD. Gutierrez, Gen. Magtibay and Col. Yebra then went to a separate room kitchen of the PCP and held a meeting. Ubalde opposed it saying it would lead to complications and serve as a dangerous precedent.
Ubalde said he would refer it to higher authorities. Gregorio just stayed silent. Maghintay na lang tayo. Baka kapag napagod yan, napuyat, mag-give way na.
Maybe if he gets tired, lacks sleep, he will just give way. Magtibay left for Emerald before p. At Emerald, Mayor Lim also invited Gen. Santiago and Usec. Puno to join them. Santiago and proceeded back to the Grandstand before p. He demanded a change of negotiators. He also said the shot he fired was a warning shot at Yebra. He then threatened to kill TSE Ting-chunn who was handcuffed near the door if the negotiations do not progress.
At this point, Mendoza said his disposition and his thinking are already changing. He was then interviewed by Atty. Mendoza expressed frustration that there is no justice anymore. It was also at this point that Erwin Tulfo of RMN who was at the scene told Mendoza that he was going to the bus after being cleared to interview him with a camera.
He also saw Gregorio being escorted by policemen via the backdoor. Po and handed over to Major Navales but he immediately ran towards the front of the PCP where the media were camped out, sat on the pavement and started shouting. This drew the attention of the media who converged around him. Papatayin nila ako!
Hindi ako accessory! They will kill me! I am not an accessory! He was lying on the floor while his police escorts just looked on and told him to stand up because it was embarrassing. Po, together with some policemen, tried to pacify Gregorio and stand him up. However, his brother, son and daughter were clinging to him. Po then explained to the media why he was being brought to the MPD.
He then asked the media to stop covering the scene being made by Gregorio but the media kept on covering the scene until Gregorio was carried to a police car. The coverage did not stop until the firing of several shots in intervals was heard from the bus more than a hundred meters away. Isko Moreno saw special forces with sniper rifles come out behind Manila Hotel and decided to leave believing the crisis has now become a police matter. Salvador also noticed Erwin Tulfo talking on the phone while looking at the bus.
He was angry at some points. He was gripping his rifle butt in his right hand with the index finger on the trigger. Mendoza then sat down at the last row directly behind CHAN still talking on the phone in an angry tone. He said that Gregorio is not an accessory since he alone was responsible for the hostage-taking. He said that if the police do not stop he will kill one of the hostages. He repeated his threat to kill the hostage who was in front of the bus.
Walang kinalaman yan! He is innocent! If you do not release him I will kill all of these! He threatened that if the police mobile carrying Gregorio leaves, he will shoot the hostage at the front of the bus.
Rogas told him he is being heard live and that his message will be relayed to the police. A police car siren sounded in the background and shots rang out.
There was screaming and crying. After a few seconds, the screaming and crying stopped as shots continued to be heard. The shooting came in single shot intervals and lasted for several seconds. Mendoza was then overheard instructing Lubang to drive the bus to the right. Lubang said something and Mendoza replied that he was also going to die there if he did not move the bus. Lubang was then heard pleading for his life and that he be released. Mendoza still warned the police on air to let someone go because he was innocent and that he is the only one responsible.
Otherwise, he threatened to kill more hostages after the two he claimed he already killed. After lying live over radio about the number of hostages he already killed, Mendoza went off air at p.
Then Mendoza threw away his phone with his left hand with a lot of force, raised the rifle in his right hand, and fired a shot at TSE Ting-chunn Masa. CHAN followed suit. FU fell down immediately. LEUNG was hit on the chest and also fell down immediately. CHAN retreated back to his seat at the back of the bus. As he walked, he continued shooting the hostages on the left and right side of the bus at close range until he reached the rear. Out of reflex, CHAN lifted his bag with both hands and covered his face.
Mendoza fired at him hitting his bag and hands. CHAN fell on his seat and pressed his right hand with his left because the right hand was bleeding profusely.
He was the last one inside the bus to be shot by Mendoza. When he turned his head to look at the back of the bus, he saw bodies which fell to the floor of the bus as Mendoza continued firing at the rest of the hostages one by one, left and right of the aisle, pointing his long firearm at the hostages and firing at single shot intervals.
Lubang moved the bus but the tires went flat and he was barely able to maneuver because the steering got heavy and he still had his left hand handcuffed to the steering wheel. Lubang pleaded to Mendoza to let him go and Mendoza told him that it was up to him to leave. Some of the affidavits would have been supportive of the narrative but are not crucial to the laying down of the critical events that constituted the 11 hour hostage drama.
While pre-meditation was established, the IIRC did not include investigation of persons who could have aided in the planning of the hostage taking or who should have forewarned the authorities, but did not. The investigation and review focused on the high ranking officials and major players involved in the incident under review but, for lack of material time, the IIRC has not exhausted the determination of possible culpability of other police officials and personnel who were involved and participated in the resolution of the crisis incident.
This matter will be the subject of forthcoming proceedings of the IIRC. However, it is the intention to complete this aspect of the investigation and review.
As such, some information in this report has been withheld without compromising the integrity of the report and has been taken into consideration in the evaluation and recommendation portion of the report.
At the end of the tour, Amy will lose her husband and two daughters, and will be left with a comatose son. The FU family consisted of the 39 yr. At the end of the tour, every one of the FU family will be released except for the father, who will die trying to save the rest of the tour group from a mad hostage-taker. The WONG family consisted of the 51 yr. At the end of the tour, the WONG siblings will be orphans.
The mother and daughter duo of 66 yr. The elderly LI couple, 72 yr. The couple, 46 yr. The tour leader 31 yr.
Finally, the tour group was checked in at the Manila Pavilion hotel. Hindi ito ang hiling ko. Nor shall it grant ransom or concessions that will benefit the perpetrators and give terrorist an operational advantage over the government. Yebra who was wearing a white long sleeve shirt.
Yebra asked Mendoza if he could approach the bus and talk to him and Mendoza agreed. The couple, 46 yr. They all boarded the Hong Thai tour bus and left the hotel for Fort Santiago at a. It was also at this point that Erwin Tulfo of RMN who was at the scene told Mendoza that he was going to the bus after being cleared to interview him with a camera. Once in Luneta near the Grandstand, Gonzales texted Mendoza that Agojo was working things out with the police. Finally, they drove back to Fort Santiago and Mendoza parked on the side of the road near a big building Note: by all indications this building was Palacio del Gobernador and got off.
Jake Maderazo a. All throughout, there were no longer any police officials at the PCP which was already closed even before Lubang escaped. Amansec then asked Lubang if he was sure that all the hostages were already dead. Mendoza then threatened to make an example out of one of the hostages and told people to step aside.
Po then explained to the media why he was being brought to the MPD. He also felt someone prying open the emergency exit behind him.
The negotiators kept on contacting Mendoza until p. It is also not clear on what is the scope of the authority of the CMC. He was then interviewed by Atty. Magtibay and Col. He informed the latter that the police could hear his statements.
He shall communicate and clear all his actions, if necessary, with the CMC. The Implementing Rules and Regulations IRR on Crisis Situations does not have clear parameters on when, or under what circumstances, should a crisis be elevated to national status. Mendoza then returned the phone to Lubang. Peaceful Means and other Option in the Resolution of a Crisis — The government shall exhaust all peaceful means in seeking solution to a crisis to minimize, if not prevent, the loss of life and destruction of property…. Ubalde opposed it saying it would lead to complications and serve as a dangerous precedent. Simple Imprudence consists in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest Article , Revised Penal Code.