Ombudsman orders 6-month suspension vs OSAA's Aplasca over Senate shooting incident

Ombudsman Jesus Crispin Remulla on Friday placed acting Senate Sergeant-at-Arms Mao Aplasca under preventive suspension for six months without pay over discharging his firearm that triggered the shooting incident in the Senate last Wednesday, May 13.

Remulla said such suspension is necessary amid the Ombudsman’s investigation into the matter.

“Siya po ang unang nagpaputok. Papaputukan mo, law enforcement? We do not tolerate that. He can appeal, pero hindi puwedeng may taong maaaring makaimpluwensiya sa mga bagay na kailangan nating mabungkal rito sa Senado. Kaya may preventive suspension para walang undue influence sa investigation,” Remulla said in a press conference.

(Aplasca fired first. He fired first at law enforcement. We cannot have a person who will unduly influence our efforts to uncover what really happened. The preventive suspension will prevent undue influence.)

“That is why we need to investigate. [What happened was] unforgivable. Mahirap patawarin iyong ginawa nilang ‘yun. Di po ito katanggap-tanggap. Ano karapatan niyang gawin yun? Sino siya?” Remulla added.

(What he did was not acceptable. He did not have the right to do that. Who does he think he is?)

Aplasca earlier admitted that he fired the first warning shot against National Bureau of Investigation agents who were on the GSIS building.

“They should have kept the peace. Ikaw ang unang magpapaputok? Ano ‘yun? Sergeant-at-Arms pa, ikaw mag-uumpisa? You caused a commotion by discharging a firearm. It is very dangerous. It could have hit somebody. Buti walang tinamaan. Hindi kailangan na magbaril roon e. And the report that reached me is that he was the first one who wore a bulletproof vest, so there is apparent intention in that,” Remulla added.

(Why fire first? You are the Sergeant-at-Arms. Good thing nobody was hurt during the shootout. There is no need to discharge your firearm in that situation.)

Likewise, Remulla said that the Ombudsman’s investigation on the incident will include the entire contingent of the Senate Sergeant-at-Arms, the police, the senators, the NBI, the Department of Interior and Local Government led by Remulla’s brother, Jonvic Remulla, and that the Ombudsman will also ask the journalists who witnessed the incident during their coverage for their respective affidavits.

The Ombudsman has also said that a subpoena has been issued to the Senate for its CCTV footage.

“Sana naman walang nawawala na footage sapagkat may allegations at may nagsasabi baka tinago niya ang CCTV footage. Sana naman walang cover-up dito,” Remulla added.

(I hope there are no lost CCTV footage because there are allegations that such is the case, and that the CCTV footage might have been hidden. I hope this is not a case of a cover-up.)

Hours after the shooting incident, Senator Ronald "Bato" dela Rosa was able to leave the Senate amid a standing International Criminal Court warrant on alleged crimes against humanity due to drug war deaths.

Later in the day, Senate President Alan Cayetano said Dela Rosa left the Senate with Senator Robin Padilla.

On Friday, Remulla also warned that those found liable for the shooting incident will face charges of obstruction of justice, aiding and abetting a fugitive from justice, failure to maintain public order and safety, gross neglect of duty, among others.

Under Section 2 of Presidential Decree 1829, a public official or employee found guilty of obstruction of justice will be meted perpetual disqualification from holding public office, among other penalties.

“Obstruction of justice ang pinakamabigat diyan. Whoever is found to be in on it [will face that],” Remulla pointed out.

(The obstruction of justice charge is the gravest one out there.)

Remulla said he has yet to talk with Aplasca but he already sent the order to the Senate.

"Hindi ko pa kinakausap pero pinadala ko na sa Senate para matanggap na nila agad," he said.

"It's worrisome. We cannot let this go unpunished and we cannot ignore something of this magnitude," he added.

Cayetano, in a separate press conference, called on the Ombudsman to also suspend NBI Director Melvin Matibag.

“Let me just appeal to the Ombudsman, suspend also the NBI director because he is more a suspect than General Mao,” he said.

“We do not want to set a bad example in the independent investigation and we do not want to put the Senate in harm's way,” he added.

Assistant Ombudsman Mico Clavano, in a separate statement, later clarified that the imposition of the preventive suspension is not tantamount to finding Aplasca guilty.

“The Ombudsman’s priority is to get the CCTV footage of the Senate over which the Senate has jurisdiction. For context, a preventive suspension order is not a punishment in itself,” Clavano said.

“It is meant to preserve the integrity of the evidence that may be in the public official’s possession or control. The Office is one with the Filipino people in wanting to get to the bottom of the incident. This is where we start, at the place where it occurred,” Clavano added. —AOL, GMA News