MANILA -- The Philippine National Bureau of Investigation (NBI) recommended Wednesday the filing of homicide charges against eight members of the Philippine Coast Guard (PCG) involved in the killing of a 65-year-old Taiwanese fisherman in May.
NBI Director Nonnatus Rojas said they will recommend the following for preliminary investigation at the Department of Justice: Commanding Officer Arnold dela Cruz, Seamen First Class 1 (SN1) Edrando Aguila, Mhelvin Bendo, Andy Gibb Golfo, Sunny Masangcay, Henry Solomon, SN2 Nicky Aurelio, and Petty Officer 2 Richard Corpuz.
Dela Cruz and Bendo, together with SN1 Marvin Ramirez and Lt. Junior Grade Martin Bernabe, will also be charged with obstruction of justice.
Rojas said administrative charges will also be filed against the ten men involved in the May 9 shooting incident.
PCG members shot dead Taiwanese fisherman Hung Shih-Cheng in a sea area some 180 nautical miles southeast of Erluanbi, the southernmost tip of the island of Taiwan.
Rojas said that while the fatal shot came from Aguila's M-14 rifle, NBI's investigation found that all PCG men conspired to fire at the Taiwanese fishing boat which they claimed was about to ram their much smaller vessel.
Citing the NBI's 84-page report, Rojas said the commanding officer considered the Taiwanese vessel a hostile watercraft when it started evading the PCG. But the NBI said this didn't justify the use of firearms as it did not put the lives of the PCG men at risk.
The report said the PCG failed to observe the rules of engagement when it fired on the Taiwanese fishermen despite that " the intent to ram is not clear." It noted that such maneuver could have been intended merely to escape, but not to ram the Philippine patrol craft.
Rojas said that the fishermen were illegally fishing in the country's exclusive economic zone. This meant that the PCG was just enforcing maritime law. But he said the PCG was only allowed to use their firearms to disable a vessel and not to injure or kill anyone, and certainly only in grave or imminent threat to life.
The NBI also noted the high volume of firepower used on the Taiwanese vessel and the discriminate firing during the latter part of the chase.
Rojas said the PCG tried to cover up the fact that they fired more than a hundred rounds of ammunition at the fleeing Taiwanese vessel, and reported only 72 rounds of used ammo.
The NBI ruled out murder, with Rojas saying that there was no treachery because the use of firearms was not sudden or unexpected. He said the attack only occurred after "repeated warning shots and reasonable number of continuous announcement made in the PA system and blowing of horn," thus establishing sufficient warning to the Taiwanese fishermen.
In a separate briefing, PCG Commandant Rodolfo Isorena said he respects the result of the NBI investigation.
"I said from the very start that our men will face whatever are the consequences of their actions," Isorena said.
He added the PCG conducted its own investigation into the incident but declined to release their findings.
The Taiwan Economic and Cultural Office (TECO) in Manila welcomed the NBI findings. But the TECO insisted that President Benigno S. Aquino III should issue a personal apology to the victim's family, according to a local news site.
"We recognize your response is positive. And one more step, once President Aquino's special envoy visits Taiwan and expresses your apology to the victim's family, we believe we will lift the sanctions," Andrew Lin, TECO's Political Director, said in a text message sent to www.gmanews.tv.
The Philippine government apologized through the Manila Economic and Cultural Office, but Taiwan rejected it, demanding that the apology must come from the Philippine government.
The Philippine government's refusal to heed Taiwan's demand pushed Taiwanese officials to slap sanctions against Manila, including a freeze on hiring of new workers to the island and a travel ban.
There are about 87,000 Filipino workers in Taiwan.
