ILOILO CITY -- Sen. Franklin Drilon, chair of the Senate committee on public order and illegal drugs, said the committee has enough evidence to show excesses in the police assault on the Iloilo provincial capitol.

Drilon, who visited the provincial capitol here yesterday, said the Senate committee hearing held Thursday has secured the necessary testimony and data despite the absence of key officials including Ombudsman Mercedes Gutierrez and Justice Secretary Raul Gonzalez.

Drilon, a close ally of Iloilo Gov. Niel Tupas Sr., said they would include in their report that the assault force "used excessive force" in trying to implement the dismissal order of the Ombudsman against Tupas. "I think that (excessive force) has already been established even before the hearing," he said.

The report would also point out that the capitol siege "was in gross violation of the rules of engagement which was crafted by no less than Gen. Dulay himself."

Chief Supt. Wilfredo Dulay Sr., Western Visayas police director, was the ground commander of the 265 policemen including 65 members of the Regional Mobile Group that assaulted the capitol on Jan. 17.

Drilon said the "rules of engagement expressly provides that there should be maximum tolerance and that the use of long firearms should be used only in extremely justifiable circumstance."

"In the siege, there is certainly no justification for it," said Drilon.

Drilon said that the order to dismiss Tupas and other local elective officials have no legal basis.

"The Ombudsman has no jurisdiction and power to dismiss local elective officials because that is reserved under Section 60 of the Local Government Code to the courts," said Drilon.

The committee would also submit recommendations to prevent the incident from happening again. Drilon refused to say if this would include the filing of charges against those involved saying this might preempt their report.

The committee finding is contrary to the report of the police fact-finding committee that absolved all those involved in the operation.

The fact-finding committee led by Dir. Edgardo Doromal, director of the Criminal Investigation and Detection Group, had even recommended that all the policemen that took part in the operation should be commended for a successful operation.*NPB

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