Ombudsman Confronts Senate Over Refusal to Accept Subpoena
Ombudsman Jesus Crispin Remulla revealed on Saturday that the Senate has declined to accept a subpoena issued by his office for copies of the closed-circuit television (CCTV) footage from the shooting incident that occurred on Wednesday night. The incident is currently under investigation, and it was followed by the abrupt departure of Sen. Ronald “Bato” dela Rosa from the Senate premises in the early hours of Thursday after being placed under the chamber’s “protective custody” for three days.
Remulla expressed concern over the Senate's refusal to accept the process server, stating, "There is a problem. The Senate did not accept our process server. But there is a notice already." He added, "They do not want to accept [the subpoena]. I don’t understand them. For me, that’s considered ‘served’ already even though they did not receive it."
He also pointed out that Senate President Alan Cayetano’s comment suggesting that National Bureau of Investigation Director Melvin Matibag should be charged indicated that the chamber was aware of the subpoena.
Senate Denies Claims of No CCTV Footage
The Office of the Senate Sergeant-at-Arms (Osaa) stated that it had already provided copies of the CCTV clips to the Criminal Investigation and Detection Group of the Philippine National Police. Osaa chief Mao Aplasca confirmed that the Senate’s CCTV system was fully operational during the incident, refuting earlier reports that no recordings were made.
Aplasca released a statement denying false information circulating on social media and news agencies, which claimed that no CCTV footage was available. He emphasized that certifications and acknowledgment receipts were signed by police personnel, covering specific cameras.
"The certifications affirmed that the CCTV footage provided was authentic, original, unaltered, and directly obtained from the official Senate CCTV system," the statement read. It concluded, "These official records categorically disprove allegations that no CCTV footage existed or was made available to authorities."
However, Aplasca previously mentioned in a radio interview that his office could not locate the position of the Osaa and the Marines during the CCTV review, with only the “tail” of their tactical personnel visible in the footage.
Preventive Suspension of Osaa Chief
As part of the ongoing investigation, Remulla ordered the six-month preventive suspension of Aplasca, who admitted to firing the first gunshot as a warning to NBI agents, which led to a series of shots fired from both sides. The Ombudsman described Aplasca’s actions as “disturbing,” noting that the act was directed at a fellow law enforcer.
Possible charges against Aplasca include obstruction of justice, failure to maintain public order and safety in the Senate, and gross neglect of duty. Lawyers have also suggested that senators who may have allowed Dela Rosa to flee could face charges of obstruction of justice.
Calls for Accountability
International law and human rights expert Dino de Leon emphasized that accountability follows custody. He stated, "You cannot invoke protective custody and then suddenly say you are not responsible when the person under your custody escapes. If they insist that Senator dela Rosa was under Senate protection or custody, then they must also answer for his escape."
Gilbert Andres, a legal representative of drug war victims, echoed this sentiment, stating that Dela Rosa is considered a fugitive in The Hague-based tribunal and under Philippine laws. He noted that crimes against humanity are recognized under Republic Act 9851 and are considered crimes anywhere in the world.
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