SENATE President Alan Peter Cayetano on Thursday confirmed that Sen. Ronald Dela Rosa had already left the Senate premises hours after a shooting incident, saying that the lawmaker — wanted by the International Criminal Court (ICC) for crimes against humanity — was free to leave because he was “not a prisoner.” Cayetano said he immediately directed the Office of the Sergeant-at-Arms (OSAA) to verify reports that Dela Rosa, popularly known as “Bato,” was no longer inside the Senate complex.
“After receiving the report that Senator Bato was no longer here, I ordered the Sergeant-at-Arms to check his office and confirm whether he had indeed left,” Cayetano said during a press briefing.
According to the OSAA, Dela Rosa left the Senate at around 2:30 a.m. accompanied by another individual. Authorities have not confirmed whether the companion was Sen. Robinhood Padilla.
Cayetano added that Dela Rosa’s wife later sent him a message apologizing and informing him that the senator was already alone.
The Senate chief also disclosed preliminary details of the shooting incident, saying Senate security personnel fired 27 shots while five shots allegedly came from individuals identified as suspected National Bureau of Investigation (NBI) personnel.
Cayetano said Senate security officers first fired a warning shot before an exchange of gunfire ensued.
“The OSAA was the first to fire a warning shot, which was followed by an exchange of gunfire from the other group,” he said.
Cayetano maintained that the Senate was “under attack” during the incident and rejected claims circulating online suggesting that the shooting was staged to enable Dela Rosa to slip out of the building.
“This was not fabricated. This was not drama by the Senate,” he said.
The Senate leader earlier called for a joint independent investigation involving concerned agencies, amid conflicting accounts and growing speculation surrounding the incident.
Authorities have yet to release a full official report on the shooting as investigations continue.
First warning shot
Malacañang on Thursday confirmed that Senate Sergeant-at-Arms Mao Aplasca fired the first warning shot during Wednesday night’s shooting incident at the Senate, prompting one of the NBI “volunteers” to fire back.
In a press conference, Palace Press Officer Claire Castro said NBI agents had been deployed to the Government Service Insurance System (GSIS) premises at 6 p.m. upon the request of GSIS President and General Manager Wick Veloso to help secure the building.
The Senate leases portions of the GSIS property, and a bridge connects the two offices. The key to the door from the Senate side is held by the OSAA.
When OSAA personnel spotted an NBI agent seated beside a Blue Guard near the bridge, Castro said, they “geared up” in vests and approached.
She said after the NBI agent identified himself, Aplasca himself fired a warning shot, and the NBI volunteer fired back.
“No assault was committed by NBI agents at the Senate. And secondly, there is no operation by the NBI or PNP (Philippine National Police) to arrest Senator Bato,” Castro said, referring to Dela Rosa.
The NBI on Thursday distanced itself from the man arrested over the shooting incident inside the Senate complex, saying the suspect was not an official employee of the agency but merely a volunteer assisting deployed personnel.
NBI Director Melvin Matibag said a review of the bureau’s records showed that Mel Oragon, identified in an initial police report as a 44-year-old NBI driver, was not part of the agency’s roster of agents or staff.
“We validated our records of our agents and employees. He is not an official NBI employee,” Matibag said in an interview.
According to the NBI chief, Oragon had only been accompanying a group of bureau personnel assigned to the Senate in a support role and held no formal position within the agency.
“When I conducted my own investigation, it turned out that he was like a volunteer accompanying the agents,” Matibag said.
Initial police findings showed that the suspect allegedly fired several shots inside the Senate building around 7:50 p.m. on Wednesday within the GSIS compound, causing panic among personnel and security forces before he was subdued and arrested by members of the Senate Security Detachment.
Authorities earlier reported that the suspect was carrying a firearm of still undetermined caliber. Matibag, however, claimed the gun had only been handed to Oragon while he was at the site.
“If he was allowed to hold a gun, it was because when he was seen walking, he was asked to hold it. But in the actual incident, he had no access to the firearm he was holding,” he said.
Matibag added that the bureau was still conducting an internal validation to determine the exact circumstances surrounding the deployment and the participation of individuals present during the commotion.
Brig. Gen. Randulf Tuaño said Oragon was caught in possession of live ammunition and magazines on the second floor of the Senate building hours after the shooting.
Police were examining evidence such as spent shells, magazines and personal belongings. Upon his arrest, the suspect was immediately subjected to paraffin testing for gunshot residue.
Evidence including CCTV footage were turned over to the Scene of the Crime Operatives for preservation.
The suspect is scheduled for inquest and shall face charges for violation of Republic Act 10591, or the Comprehensive Firearms and Ammunition Regulation Act; Alarms and Scandal; Grave Threats; Direct Assault with Attempted Homicide as well as violation of Senate Security Regulation.
‘Senators should protect the law’
The NBI chief also raised concern over reports that Dela Rosa left the Senate premises hours after the disturbance “It would be unfortunate for me if it is true that Senator Bato has already left the Senate,” he said.
“Our agreement there should be honored because I believe our honorable senators are the ones who asked for that arrangement, and as far as we know, they will protect not only Senator Bato but also our laws and the Constitution.” Matibag said the Senate needs to explain how Dela Rosa fled its premises and why he was even able to leave given the standing agreement between the NBI and Cayetano that the embattled lawmaker would be under protective custody.
The NBI chief reiterated that there are no orders to arrest Dela Rosa following a resolution by the Supreme Court which is tackling the petition of the camp of the senator to issue a temporary restraining order (TRO) to prevent the enforcement of the arrest warrant issued by the ICC.
The Supreme Court did not issue a TRO but required concerned parties to comment within 72 hours.
“There is an order from the Supreme Court for concerned parties to respond in 72 hours, so we believe that it is just a short period of time so we decided to just wait for the decision, for the direction that our court will go on this matter,” said Matibag.
Meanwhile, the PNP said there would be no preferential treatment for Dela Rosa, a former PNP chief.
“We don’t have special treatment. We implement the law without favor,” said PNP chief Gen. Jose Melencio Nartatez Jr.
WITH CATHERINE VALENTE, KRISTINA MARALIT AND RED MENDOZA
