The Criminal Investigation and Detection Group (CIDG) is preparing to recommend criminal charges against suspended Senate Sergeant-at-Arms Mao Aplasca and two of his subordinates over the May 13 shooting incident inside the Senate complex.
CIDG director Maj. Gen. Robert Morico II said Wednesday that the findings of the investigation would soon be forwarded to the Department of Justice (DOJ) for legal review and possible filing of charges.
Speaking at a press briefing in Camp Crame, Morico said the case may involve violations of Republic Act No. 11917, or the Private Security Services Industry Act.
According to investigators, Aplasca fired the first warning shots during the incident, prompting a National Bureau of Investigation (NBI) agent to respond with cover fire.
“As directed by the SILG and the Chief PNP, we will be transmitting our findings and recommendations to the Department of Justice,” Morico said.
“It is up to the Department of Justice to reassess our findings,” he added.
Morico explained that under the implementing rules of RA 11917, civilian security personnel, including members of the Senate’s Office of the Sergeant-at-Arms, are prohibited from firing warning shots.
He noted that even Philippine National Police (PNP) operational procedures do not allow policemen to discharge warning shots because of the danger posed by stray bullets.
“What comes up will go down definitely,” Morico said.
“There’s a possibility stray bullets will hit other people,” he added.
The CIDG chief also maintained that investigators found no evidence that the Senate was under attack during the incident.
“Based on the CIDG investigation, there was no attack on the Senate,” Morico said.
He noted that personnel from the Office of the Sergeant-at-Arms left the area after the shooting incident.
Morico said Aplasca and his personnel had already executed affidavits admitting they fired warning shots. While they did not personally appear before the CIDG during parts of the investigation, Aplasca later surrendered a pistol now undergoing ballistic examination.
“That is part of our recommendation based on our investigation,” Morico said regarding the planned filing of charges.
Investigators are also looking into whether Aplasca acted on inaccurate information before the shooting erupted.
“The judgment does not entirely fall on Sir Aplasca alone,” Morico said.
“We have an ongoing investigation. Part of our investigation is to determine who fed General Aplasca the wrong information,” he added.