Philippines recommends homicide charges in Taiwan death

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 Taiwan's 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 Taiwan 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 Taiwan 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 Taiwan 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 Taiwan's 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 Taiwan vessel and the discriminate firing during the latter part of the chase.