(UPDATE) THE Department of Justice (DOJ) on Tuesday said it has identified the “culprit” in the May 13 shooting in the Senate building but did not want to preempt the ongoing investigation by naming the perpetrator prematurely.
At a press briefing, Justice Secretary Fredderick Vida said they have determined who might have given the order to Acting Senate Sergeant-at-Arms Mao Aplasca to fire the first “warning shots.” He added that both the Philippine National Police (PNP) and the National Bureau of Investigation (NBI) have submitted their findings, which would be turned over to the DOJ panel of prosecutors, which would determine what charges to file.
Vida said the facts that were unearthed were “compelling” but “we still need to verify and validate.” “The DOJ will not take it as is. We will check on the timelines, we will check on the source of the videos. At the end of it, what we will need is the truth,” he said in English and Filipino.
In the same briefing, Interior Secretary Jonvic Remulla refuted claims made by Senate President Alan Peter Cayetano that the shooting occurred because the institution was “under attack” as he insisted that NBI agents “never set foot inside” its premises.
“All evidence points that there was no attack on the Senate... Please take note that none of the NBI agents had tactical gear with them. They were dressed as NBI agents clearly identified,” Remulla said.
This was corroborated by PNP chief Jose Melencio Nartatez, who said that based on the trajectory of the bullets, all the shots were “coming from inside, going outside.”
“Take note of... the SOCO (Scene of the Crime Operatives) report, that... there’s no bullet hole going inside the Senate building,” Nartatez said in Filipino and English.
Nartatez said investigators retrieved 44 fired cartridges after the shooting, which ballistic examinations showed came from four guns.
He said three of the shooters were members of the OSAA, including Aplasca and one was from the NBI.
Command responsibility
Meanwhile, NBI Director Melvin Matibag said Cayetano should also be suspended for the May 13 shooting incident if “command responsibility” is used as the basis for accountability.
Speaking during a media forum in Manila, Matibag pushed back against calls for his preventive suspension following the May 13 commotion that led to the arrest of NBI volunteer driver Mel Oragon and a subsequent investigation into the discharge of a firearm within Senate premises.
“If command responsibility will be the basis, then the first one who should be suspended is Sen. Alan Peter Cayetano,” Matibag said.
The NBI chief pointed to the Office of the Senate Sergeant-at-Arms, saying it falls under the supervision of Senate leadership and that Senate security personnel were also involved in the events surrounding the incident.
“Who has command responsibility over the sergeant-at-arms? Who is the head of the Senate right now?” Matibag said.
Matibag maintained that he was not directly involved in the incident and said he was prepared to face any investigation.
“First of all, I was not the one who fired a gun there,” he said. “If I will be found to have committed any wrongdoing, I am willing to accept whatever penalty will be imposed.” He added that he preferred to allow the investigation being conducted by a committee formed by Remulla and the Criminal Investigation and Detection Group to proceed without interference.
The controversy stemmed from the May 13 unrest at the Senate compound, where gunfire erupted and an NBI volunteer driver, Mel Oragon was later arrested. On Monday, the Senate confirmed receiving a preventive suspension order against Aplasca, along with a subpoena seeking copies of CCTV footage related to the incident.
During the same forum, Matibag also defended Oragon, insisting that the volunteer driver did not possess a firearm despite yielding a positive result in a ballistic examination.
Matibag said the presence of gunpowder residue on Oragon’s hands did not automatically prove he had fired a weapon, saying nitrate traces could be transferred through contact with contaminated surfaces or individuals.
“In the chain of custody, you should recover the firearm first, then subject it to examination. That is where you can initially determine if a gun was fired,” he said.
The NBI chief noted that no firearm was recovered from Oragon and said the volunteer driver had been apprehended on the fifth floor of the GSIS building while the shooting incident occurred elsewhere.
Matibag said Oragon was later brought to the Senate grounds and made to lie near the area where gunfire had erupted, which could have exposed him to gunpowder residue.
“There is video showing that area where shots were fired. There was definitely gunpowder there,” he said.
“That is a possibility. I’m not saying that is exactly what happened, but it is a reasonable possibility because he did not have a firearm,” he added.
Matibag also suggested that the residue may have come from law enforcement personnel who handled Oragon after the incident.
“Remember, the OSAA personnel fired shots, and they handled him,” he said.
Asked whether the NBI helped post bail for the volunteer driver, Matibag said Oragon’s handler, lawyer Rick Espino, managed the matter.
