FU Cheuk-yan. She asked why he was doing it. He told her to just watch it on television and then turned off his cellular phone. Amansec called Chan several times but there was no answer. She then called Lubang who did not answer also. She then called Nebril who answered his phone discreetly. We were taken hostage. Nebril told her that he was able to answer the phone because he was at the back of the bus. Amansec told him that she will be proceeding to the Grandstand.
Mendoza then faced the tour group and started narrating his story of being dismissed from the police force without getting any benefits and having a criminal case filed against him. He said he is innocent and it was all the fault of his men.
Mendoza then also called someone on his cellular phone. Hinatid pa nga niya ako sa Intramuros" Yes, I have two wives. She even brought me to Intramuros. Mendoza also related the story of his case, that he was innocent and was just implicated. His only fault was that he did not watch over his men.
Mendoza said the case hurt him deeply because the penalty was severe. While passing by in front of the hostaged Hong Thai bus along Independence Avenue, she noticed a paper posted to the windshield and a uniformed Mendoza standing beside Lubang. Amansec proceeded to the Police Community Precinct PCP at the northern corner of Independence Avenue near Manila Hotel and reported to the police that tourists were being held hostage in front of the Grandstand.
The police did not seem to believe her so she took them to the bus. When they neared the bus, the police told her driver not to go near the bus so they drove straight ahead past the bus to Blue Bay Restaurant at the southern corner of Independence Avenue. One of the policemen then started to report on his radio. The police got off at Blue Bay and Amansec just stayed inside her van.
Mendoza told Amansec who he was and told her that he will not harm the hostages and that all he needs is to be reinstated in the service and that all his benefits that were forfeited be restored.
Amansec kept on repeating the name of Mendoza loudly so the policemen with her will know who she was talking to. Avenue when he was informed that a hostage-taking incident was taking place at the Quirino Grandstand.
He was at the scene of the incident ten minutes later at a. Colonel Orlando Yebra to act as the negotiator upon orders of Magtibay. He arrived at the Quirino Grandstand at around a. Rivera Jr. He proceeded to Luneta and dispatched more mobile patrols to block the north and south portions fronting the Grandstand to prevent the bus from leaving the area. A policeman then approached her and told her to go with him to his superior.
The police superior just took her name and cellular phone number. The police superior did not talk to her again. Amansec called Lubang and asked Mendoza if she could approach the bus to read what was posted on the bus windshield.
Mendoza allowed her to approach the bus. Amansec told the police superior about her conversation with Mendoza but the police superior did not allow her to approach the bus. He also convened the Command Group and monitored at the National Operation Center to supervise and give assistance if necessary.
Nelson T. He was directed by Col. Posadas to augment Police Station 5 for crowd control. He also designated Col. Alex Gutierrez who was at the meeting announced that there is an ongoing hostage-taking in front of the Grandstand involving foreigners. Mayor Lim immediately gave instructions to Col. Gutierrez to cordon off and proceed to the area. By that time, local and international media were calling City Hall for interview so the Vice Mayor called Magtibay and the General told him that the hostages were Hong Kong Chinese nationals and not Koreans and that the hostage-taker was a dismissed police officer, Captain Rolando Mendoza.
Moreno was instructed by the Mayor to go ahead to the area and assess everything for any assistance that the City may give. Only the Red Cross personnel talked to them and asked for the names of the released hostages. Colonel Gutierrez was already there when they arrived. He introduced himself and Mendoza remembered him as a talking buddy while in floating status at Camp Bagong Diwa, Bicutan.
Mendoza allowed Salvador to approach the bus but told him to first remove his bullet proof vest. Mendoza demanded that an Order be issued for his immediate reinstatement to the service. If the same was granted, Mendoza would immediately handcuff himself and surrender. He also said he had two grenades.
He then told Salvador to copy what was written on the white cartolina paper on the windshield of the bus. While copying the contents of the paper, Salvador tested the thickness of the windshield and found it very thick.
Mendoza refused, saying the travel agency management has already ordered food for them and that he might be drugged. Yebra waving at him from 50 meters away. He told Mendoza that Yebra has already arrived and that he was taking over as negotiator.
Ikaw ang gusto kong kausap. I want to deal with you. Salvador told Mendoza that he will relay this to Yebra and then went to Yebra. Yebra asked Mendoza if he could approach the bus and talk to him and Mendoza agreed.
Mendoza then handed a case folder on his dismissal to Yebra and told him to immediately deliver the same to Secretary Leila De Lima of the Department of Justice and for Secretary De Lima to personally call Yebra. Before they left, Lubang asked for a battery for his cellphone. They just gave him the cellphone of PO2 Denison Rivera. Salvador then gave the case folder to PO2 Rivera for delivery to Sec. De Lima. Magtibay, Col.
Posadas, Col. Gutierrez and Col. Salvador told Mendoza that he will just copy what was written on the paper and Mendoza gave him a pen and paper. Salvador then copied what was posted on the windshield then left. Lubang asked Mendoza who the man in orange shirt was. Mendoza replied that it was Major Salvador. Yebra who was wearing a white long sleeve shirt. Baka puwede nating pag-usapan? Maybe we can talk about it? Baka puwede namang magpalabas ka diyan kahit dalawa?
Maybe you can release a couple of hostages? While having the documents photocopied, he was ordered back to the Luneta PCP. Rivera gave the documents to Magtibay. Magtibay then ordered Rivera again to photocopy the documents and deliver the same to the DOJ. After photocopying, he was called again to the PCP. He understood the order to mean not to deliver the documents to DOJ anymore.
Mendoza told her to get off with her two children. At this point, a tour member asked Mrs. FU to take along Mrs. Mendoza did not object and Mrs. FU and the three children got off the bus. Mendoza released four hostages and the negotiators accompanied them to the Control Center located at the Quirino Grandstand.
While Egor sat beside CHAN, the latter noticed that he was sending and receiving several messages on his cellular phone. Magtibay replied that it will be allowed but it had to wait.
Amansec had someone get the food and water at once. Salvador denied his request. Moreno recalls that they told him that the hostage-taker wanted a review of his case with the Ombudsman. Mendoza was dismissed from the police service by the Ombudsman and moved for a reconsideration of said dismissal which was pending with the Ombudsman.
Mendoza demanded for a reporter and cameraman. The negotiators agreed to this in exchange for one of the hostages who was a diabetic LI Yik-biu. Mendoza said he will think about it. He later released the diabetic hostage at p. Moreno talked with Mendoza who thanked the Vice Mayor. Yebra then handed a cellular phone to Mendoza and told him to talk to the Vice Mayor. She acceded and they left for Manila. He then briefed the President on the hostage-taking.
The negotiators approached him and he said that he heard that Mendoza was demanding for a reporter. They told him that Mendoza wanted a female reporter.
Salvador also stated that the food for the hostages was delivered around this time. Salvador handed out the food to the bus. The hostages then started to eat. Mendoza told him he wanted the media immediately so he can now voice out what he wanted. Nebril distributed the food and beverages to the tour members. At this point Mendoza took off his jacket and CHAN noticed that he was carrying a pistol on his right flank and a one-foot long army knife on his left.
CHAN further recalled some seating arrangements of the hostages. He was seated on Seats 10CD. Later, the tour members in front said that transport would be available at p. The atmosphere remained tranquil. CHAN discussed with TSE Ting-chunn Masa, who was then still seated behind him at Seats 11CD, the possibility of fleeing through the emergency exit located between their seats but gave up the idea to avoid harm to other hostages if they escape.
Mendoza then returned the phone to Lubang. Mendoza waved at LI and signaled him to go to the front and took him to the door. At around p. She went to Magtibay and showed her the text message and Magtibay ordered diesel fuel to be brought to the bus.
Amansec then sent a text message to Lubang that the diesel fuel was on the way. Yebra asked for another hostage in exchange for the diesel.
Mendoza replied that he will think about it. British Embassy people asked if there were British citizens among the hostages. Upon learning that there were indeed British citizens, the Red Cross accompanied them to the Manila Pavilion. He was then informed that a man, who later turned out to be SPO2 Gregorio Mendoza, was approaching the bus.
He ran after Gregorio and stopped him. Gregorio said he was going to his brother. He said he was the only one who can persuade his brother to surrender. Salvador noticed a bulk on his right waist and told him that he was carrying a firearm and Gregorio replied that he was a policeman.
Salvador then disarmed him. Bakit mo kinuha ang baril niya e pulis yan! Pag meron na samahan ko siya dito uli! When he has one I will come back here with him. It was past p. He then went to get a working throw phone and placed it on the bus. Mendoza told Lubang to call Gregorio and the latter approached the bus with Salvador and another uniformed policeman. Mendoza told Salvador that Gregorio was his brother and that he was also a policeman.
Mendoza was not able to talk to Gregorio because he just returned to the police post with Salvador. 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. Romeo Salvador about the situation at the Quirino Grandstand and instructed him to inform Police Supt.
Orlando Yebra to act as negotiator in the incident. By a. Negotiations with Mendoza began almost at the same time, initially by Salvador who was later joined by Yebra. Concurrently, 2 hostages were released by Mendoza. Yebra made his first call to Mendoza at a.
At around a. Around a. At p. Santiago instructed Supt. Vice Mayor Moreno even volunteered to take the documents to the Office of the Ombudsman. Medina told the President that negotiations were going well, so far, and that more hostages were being released by Mendoza. Puno also told the President that the CMC was in place and that Magtibay, the ground commander, as well as Lim, were helping him supervise. Almost immediately, Medina relayed this instruction of the President to Magtibay by phone.
At around p. After several minutes, Yebra negotiated the release of yet another hostage in exchange for gas for the bus. He claimed to have been in constant contact with Magtibay and other officials monitoring the incident. About the same time, Gregorio Mendoza who was in uniform approached the bus. He was escorted by Salvador who disarmed him when he found that he was carrying a gun.
Mendoza noticed this and shouted from the bus that they should return his gun because he is a policeman. Around p. Yebra said Vice Mayor Moreno requested to talk to Mendoza, which the negotiator allowed.
When Vice Mayor Moreno asked Mendoza if he wanted to talk to anybody at the Ombudsman, the hostage-taker asked for a certain Director Gonzales from the Office of the Ombudsman.
Mendoza then talked to Ombudsman Merceditas Gutierrez, who assured him that they would review his case. Lim then questioned Gregorio Mendoza on why his brother was holding the tourists hostage. The letter was then read in the presence of Gregorio Mendoza, who was subsequently allowed to get near the bus with Yebra and Salvador in the hope that he could help pacify his brother and persuade him to peacefully surrender and end the hostage-taking.
However, after Rolando Mendoza read the letter, he rejected it and became agitated. Yebra attempted to pacify Rolando Mendoza by asking if he would be satisfied if he were provisionally reinstated. This prompted the police negotiator to pull back Gregorio Mendoza and consequently berate him for his actions. As Yebra, Salvador and Gregorio Mendoza were walking back to the command post, Mendoza fired a warning shot.
Lim later said he would go to Emerald Restaurant and instructed Magtibay to follow him, who did so a little later. Lim also gave instructions not to handcuff Gregorio Mendoza anymore. While Gregorio Mendoza was being escorted out of the Luneta PCP, he managed to elude his escorts and dashed toward a pack of media men. He was joined by his family who locked arms with him and cried that they would not allow the police to remove him from the area.
As the police tried to forcibly put him inside a police car, footage of the scene were beamed live on television and witnessed by Mendoza from the television inside the bus. He informed the latter that the police could hear his statements. Rogas also kept asking Mendoza regarding his next course of action.
It was at this point that he threatened to shoot the hostages if the police did not release his brother. Despite being disallowed by the police from talking to the hostage-taker, DZXL reporter Erwin Tulfo nonetheless managed to do so by phone and even complained to Mendoza that the police ordered him not to talk to Mendoza.
Shortly before p. Yebra then tried to contact Mendoza via phone, but failed because Rogas was still talking to Mendoza on the phone. Shortly thereafter shots were heard again from inside the bus. Soon thereafter the driver was seen running away from the bus, shouting that all the hostages had been killed.
They tried to breach the bus by using sledgehammers. At this point, Mendoza fired at the assault team, forcing them to withdraw. Tear gas cannisters were thrown into the bus. Consequently, Mendoza was forced to move to the front of the bus, where he was killed by sniper fire. After this, the 8 survivors were led out of and the bodies of the 7 dead hostages were taken from the tourist bus.
One of the survivors would later succumb to his injuries and pass away. Out of the 21 foreign nationals held hostage, 6 were released. Of the 15 remaining in the bus, 8 lost their lives. The 4 Filipinos taken hostage were released. Applicable laws, rules and regulations, and jurisprudence 1. 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.For the second phase, the Committee was also tasked to review operational plans and procedures, conduct a detailed. Gonzales asked Mendoza why he was dressed in his report camouflage uniform. Of the 15 remaining in the bus, 8 august their lives. People experience solitude in different ways, whether it is when and where it was published as well. Review the Whole Essay report Your Friend, Then Rewrite want in the Underline style box, and then click.
All throughout, there were no longer any police officials at the PCP which was already closed even before Lubang escaped. Yebra made his first call to Mendoza at a. However, his brother, son and daughter were clinging to him. The teams started smashing the bus windows which turned out to be made of tempered plexi-glass making breaching with the use of a sledge hammer difficult.
He threatened that if the police mobile carrying Gregorio leaves, he will shoot the hostage at the front of the bus. A police car siren sounded in the background and shots rang out. If you do not release him I will kill all of these! Yebra then went to a separate room kitchen of the PCP and held a meeting.
Lumayas kayo sa harap ko! Rivera gave the documents to Magtibay. Nebril arrived at the Manila Pavilion at a. With them were the driver, Alberto L. The report makes the Philippine government, not just the City of Manila, look like a bunch of amateurs. Amansec called Lubang and asked Mendoza if she could approach the bus to read what was posted on the bus windshield.
Share this:. CHAN discussed with TSE Ting-chunn Masa, who was then still seated behind him at Seats 11CD, the possibility of fleeing through the emergency exit located between their seats but gave up the idea to avoid harm to other hostages if they escape. Lubang asked Mendoza who the man in orange shirt was.