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8 Coast Guard men to face homicide charges for Taiwanese fisher's death
By MARK D. MERUEÑAS, GMA News
(Updated 5:36 p.m.) The National Bureau of Investigation (NBI) on Wednesday recommended the filing of criminal charges against 10 Coast Guard personnel in connection with the May 9 fatal shooting of a Taiwanese fisherman in disputed waters.
At a press conference at the NBI headquarters, Deputy Director Virgilio Mendez, head of the investigating team, said eight of the personnel would be charged with homicide while the remaining four will be slapped with obstruction of justice.
Mendez described the contents of a video of the May 9 incident recorded by one of the Coast Guard men that has never been shown to the public, and pronounced that there was "no conclusive justification for the use of deadly force against the fishing boat."
"The intent to ram is not clear, given the perspective offered by the video, and the fact that such maneuver could have been intended merely to escape, but not to ram, the Philippine craft," the NBI said in its 84-page report.
Taiwanese Hung Shih-cheng, 65, was killed during the May 9 incident at the Balintang Channel near the Luzon Strait when Coast Guard personnel sprayed bullets at his boat, claiming that the fisherman attempted to ram a Department of Agriculture-BFAR Monitoring, Control and Surveillance (MCS-3001) vessel.
Rear Admiral Rodolfo Isorena, Coast Guard commandant, said they have yet to receive a copy of the NBI report, but nevertheless added that they will respect the bureau's recommendations.
"Sabi ko nga, from the very start, our men will face whatever consequences (of their actions)," he said.
Manila apologized for the incident through its de-facto embassy, the Manila Economic and Cultural Office, but Taiwan rejected it, demanding that the apology must come from the Philippine government.
With the Philippine government’s refusal to heed Taiwan’s demand, Taipei slapped sanctions against Manila, including the freeze hiring of new workers to the island and a travel ban.
Obstruction of justice
The NBI explained it recommended homicide charges because there was no "qualifying circumstance for murder" in the incident.
It also said "there was no abuse of superior strength because the firing was made intermittently and not fully taken advantage of by the PCG personnel."
There was also no "treachery" since the use of firearms by the Coast Guard personnel was not "sudden and unexpected," the NBI said, adding there was "sufficient warning" made by the Philippine authorities through repeated warning shots and the blowing of the vessel's horn.
The NBI said obstruction of justice charges would be filed against four PCG personnel, including Commanding Officer Arnold Dela Cruz for allegedly ordering the falsification of his unit's monthly gunnery reports "in order to reflect a smaller amount of ammunition used during the shooting incident."
Dela Cruz will be also be facing homicide charges, along with:
Meanwhile, those who will be charged with obstruction of justice are Dela Cruz, Bendo, SN1 Marvin Ramirez, and LTJG Martin Bernabe.
The NBI report quoted Ramirez as saying that he was instructed by Bernabe to splice portions of the video footage that "tended to incriminate the PCG crew, viz, the portions which showed the crew firing at the Taiwanese vessel."
At the height of a public furor in Taiwan, the NBI team went to the island in May to gather more information and meet with the fisherman's daughter and the other fishermen involved in theincident, which has triggered a row between the Philippines and Taiwan.
Taiwan is considered by the international community as official territory of China, but Taiwan has a government that acts independently of Beijing.
The fisherman's daughter, Hung Tzu Chien, asked investigators to be fair and impartial in conducting the investigation.
The Coast Guard men were with personnel from the Bureau of Fisheries and Aquatic Resources (BFAR) on board a BFAR vessel when the shooting happened.
Inside Philippine territory
On the territorial dispute on where the incident happened, the NBI maintained that the shooting happened inside Philippine territory, some 40 nautical miles from the Philippine baselines within the 200-kilometer Exclusive Economic Zone of the Philippines.
"Without a doubt, the incident transpired within the waters over which the Philippines exercises jurisdiction and sovereign rights," the NBI said.
"The maritime law enforcement operation conducted against the Taiwanese fishing vessel was validly carried out by the BFAR-PCG MCS-3001 personnel," it added.— with Amita Legaspi and Amanda Fernandez/KG/KBK/HS, GMA News
At a press conference at the NBI headquarters, Deputy Director Virgilio Mendez, head of the investigating team, said eight of the personnel would be charged with homicide while the remaining four will be slapped with obstruction of justice.
Mendez described the contents of a video of the May 9 incident recorded by one of the Coast Guard men that has never been shown to the public, and pronounced that there was "no conclusive justification for the use of deadly force against the fishing boat."
"The intent to ram is not clear, given the perspective offered by the video, and the fact that such maneuver could have been intended merely to escape, but not to ram, the Philippine craft," the NBI said in its 84-page report.
Taiwanese Hung Shih-cheng, 65, was killed during the May 9 incident at the Balintang Channel near the Luzon Strait when Coast Guard personnel sprayed bullets at his boat, claiming that the fisherman attempted to ram a Department of Agriculture-BFAR Monitoring, Control and Surveillance (MCS-3001) vessel.
Rear Admiral Rodolfo Isorena, Coast Guard commandant, said they have yet to receive a copy of the NBI report, but nevertheless added that they will respect the bureau's recommendations.
"Sabi ko nga, from the very start, our men will face whatever consequences (of their actions)," he said.
Manila apologized for the incident through its de-facto embassy, the Manila Economic and Cultural Office, but Taiwan rejected it, demanding that the apology must come from the Philippine government.
With the Philippine government’s refusal to heed Taiwan’s demand, Taipei slapped sanctions against Manila, including the freeze hiring of new workers to the island and a travel ban.
Obstruction of justice
The NBI explained it recommended homicide charges because there was no "qualifying circumstance for murder" in the incident.
It also said "there was no abuse of superior strength because the firing was made intermittently and not fully taken advantage of by the PCG personnel."
There was also no "treachery" since the use of firearms by the Coast Guard personnel was not "sudden and unexpected," the NBI said, adding there was "sufficient warning" made by the Philippine authorities through repeated warning shots and the blowing of the vessel's horn.
The NBI said obstruction of justice charges would be filed against four PCG personnel, including Commanding Officer Arnold Dela Cruz for allegedly ordering the falsification of his unit's monthly gunnery reports "in order to reflect a smaller amount of ammunition used during the shooting incident."
Dela Cruz will be also be facing homicide charges, along with:
- SN1 Edrando Quiapo Aguila
- SN1 Mhelvin Bendo
- SN2 Nicky Reynold Aurello
- SN1 Andy Gibb Ronario Golfo
- SN1 Sunny Galang Masangcay
- SN1 Henry Baco Solomon, and
- PO2 Richard Fernandez Corpuz
Meanwhile, those who will be charged with obstruction of justice are Dela Cruz, Bendo, SN1 Marvin Ramirez, and LTJG Martin Bernabe.
The NBI report quoted Ramirez as saying that he was instructed by Bernabe to splice portions of the video footage that "tended to incriminate the PCG crew, viz, the portions which showed the crew firing at the Taiwanese vessel."
At the height of a public furor in Taiwan, the NBI team went to the island in May to gather more information and meet with the fisherman's daughter and the other fishermen involved in theincident, which has triggered a row between the Philippines and Taiwan.
Taiwan is considered by the international community as official territory of China, but Taiwan has a government that acts independently of Beijing.
The fisherman's daughter, Hung Tzu Chien, asked investigators to be fair and impartial in conducting the investigation.
The Coast Guard men were with personnel from the Bureau of Fisheries and Aquatic Resources (BFAR) on board a BFAR vessel when the shooting happened.
Inside Philippine territory
On the territorial dispute on where the incident happened, the NBI maintained that the shooting happened inside Philippine territory, some 40 nautical miles from the Philippine baselines within the 200-kilometer Exclusive Economic Zone of the Philippines.
"Without a doubt, the incident transpired within the waters over which the Philippines exercises jurisdiction and sovereign rights," the NBI said.
"The maritime law enforcement operation conducted against the Taiwanese fishing vessel was validly carried out by the BFAR-PCG MCS-3001 personnel," it added.— with Amita Legaspi and Amanda Fernandez/KG/KBK/HS, GMA News
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