Aquino orders charges over hostage tragedy

MANILA, Philippines – President Benigno “Noynoy” Aquino III on Monday ordered charges to be filed against Manila's police chief and three other law enforcement officials over their handling of a deadly bus hijacking in August.

Aquino also called for lesser charges against Manila Mayor Alfredo Lim and a deputy ombudsman but spared his closest aides after studying an official inquiry into the incident, which left eight Hong Kong tourists dead.

The hostage fiasco, in which a disgraced policeman took over a tourist bus in Manila, soured relations with Hong Kong and Beijing and proved an embarrassment for the president in his first months in office.

"The message has to be sent... when you accept the perks and privileges of the office, the duties and responsibilities are equally accepted by you. You are responsible for your failure," he said, referring to the policemen.

Aquino said "appropriate charges" including serious neglect of duty would be filed against the head of the capital's police force, the district police chief, the head of the special weapons and tactic (SWAT) team and the police hostage negotiator.

However his key aides, Interior Secretary Jesse Robredo and Interior Undersecretary Rico Puno escaped any official sanction with Aquino saying he had instead decided to "admonish" them.

"All of us are people, none of us is perfect," he said, explaining the lack of charges against the two, who are responsible for overseeing police matters.

Another close Aquino aide, then-national police chief Jesus Verzosa, who retired early after the hostage debacle, was also spared any court proceedings because he was found not to have violated any rules, said the president.

The media, including two radio broadcasters who were accused of having worsened the crisis by interviewing the hostage-taker, were also spared.

Aquino said the broadcasters displayed behaviour that was "irresponsible, bordering on the criminal", but he said his government did not want to limit the freedom of the press.

The hostage-taking on August 23 saw a sacked police officer seize a busload of Hong Kong tourists in a desperate bid to get his job back and be cleared of extortion charges.

Eight of the tourists and the hostage taker were killed and seven tourists wounded when police commandos launched a bungled rescue attempt in a drama played out live on television.

To assuage the outrage in China, Hong Kong and the Philippines, Aquino created a high-level investigation panel to look into the incident and recommend who should face charges.

The panel in late September recommended charges be laid against a dozen people including Interior Undersecretary Puno, former national police chief Verzosa, Mayor Lim, many of the policemen involved and two broadcasters.

However the president told reporters on Monday that he ordered charges to be filed only in cases where he was confident of a court conviction. (Agence France-Presse)

Philippine officials escape charges over Manila hijack

MANILA, Philippines - No Philippine officials will face criminal charges over their handling of a deadly bus hijacking despite the recommendations of an inquiry panel, a leaked report by a presidential legal team seen by Reuters showed on Friday.

The report, to be released on Monday, could renew anger in China over the Aug 23 hijacking in which eight Hong Kong tourists were killed and raise questions about President Benigno Aquino III's pledge to improve government accountability.

Beijing had said soon after the deaths that a fair and thorough investigation would help relieve the anger and loss of Hong Kong and Chinese people.

On Friday, Aquino's aides told reporters nothing was final until the report was officially released.

The Hong Kong tourists were killed by a sacked policeman. The poorly organized rescue attempt, televised around the world, sparked outrage and criticism of Aquino's management of the crisis and its aftermath.

The leaked document showed an inquiry panel, which included the Justice Secretary and Interior Secretary, had recommended criminal charges against Manila Mayor Alfredo Lim, an Aquino ally, and former Manila police chief Rodolfo Magtibay.

The presidential legal team said the two should not face criminal action, although it said both men should still be subject to administrative sanction.
(Manny Mogato - Reuters)

Manila bus hostage media chose 'ratings above lives'

MANILA, Philippines — Philippine reporters may have interfered with a police operation when reporting on a bus hostage crisis that killed eight Hong Kong residents, a television journalist told an official inquiry Wednesday.

Reporter Erwin Tulfo, in telephone contact with a sacked Manila policeman shortly before the gunman shot his hostages, acknowledged the behaviour of the journalists who covered the crisis raised ethical questions.

"The problem is, we are all chasing ratings, exclusivity. My colleagues may not admit it, but that was the main thing, getting an exclusive report," said Tulfo, testifying at a high-level official inquiry.

Armed with an assault rifle and a pistol, sacked policeman Rolando Mendoza took the busload of tourists hostage on August 23 in a desperate bid to clear himself of extortion charges and get his old job back.

Eight of the tourists were killed and seven others were injured in the central Manila standoff.

Teresita See, a representative of the Chinese-Filipino community and a member of the inquiry board, told Tulfo he and the other reporters airing the standoff live on television or radio may have violated broadcast ethics.

See said the broadcasts that aired around the world may have tipped off the hostage-taker about the movements of the police unit that eventually stormed the bus, while Tulfo hogged a telephone line being used by police negotiators.

"You tied up the open line of the hostage-taker for almost one hour, at the most critical hour," See said.

As the police negotiator was trying to offer a compromise deal, Tulfo's Radio Mindanao Network was giving Mendoza a live platform as he made a verbal threat to kill the hostages that was later carried out, See said.

"He wanted to grandstand and you provided the arena for that," See added.

After initially defending his actions, Tulfo, the chief reporter for Manila-based Associated Broadcasting Co television and also a reporter for the Radio Mindanao Network, later said that in hindsight media should own up.

"Madam Teresita Ang See was right when she was saying that something's wrong with the media," Tulfo said.

"From my point of view there's a lot of things to be changed," he added.

Representatives of the radio station earlier told the inquiry on Tuesday that they had violated no law or broadcast ethics in their reportage of the standoff.

The inquiry, which was due to wind up later Wednesday, has uncovered a litany of mistakes by police and other officials assigned to handle the hostage crisis.

On Tuesday the Philippine government said the media has agreed to new restrictions on covering police operations -- including limits on live broadcasts.(Agence France Presse)

(Manila Hostage-Drama) Transcript of hostage-taker's last radio interview: ABS-CBN

MANILA, Philippines - A transcript of hostage-taker Rolando Mendoza's last conversation with a radio broadcaster showed that he was willing to die during the August 23 hostage incident in Manila.

Mendoza talked with Radio Mo Nationwide (RMN) anchor Michael Rogas during the 11-hour hostage incident at the Quirino Grandstand in Rizal Park.

In one part of the interview, Rogas asked the hostage-taker if he wanted food brought to the tourist bus for himself and his 25 hostages.

Mendoza answered: "Ako po ay nakalaan na akong magutom. Kanina pa 'ko hindi kumakain dahil alam ko na magiging sitwasyon sa buhay ko. Handa na kong mamatay ngayong araw na 'to."

(It's OK for me to go hungry. I haven't eaten because I know what my situation in life will be. I am prepared to die this day.)

He also revealed that he had spoken to Ombudsman Merceditas Gutierrez and told her that she would be at fault if anything bad happened to the hostages. Mendoza had asked the Ombudsman to dismiss all the cases against him.

"I talked to Gonzales and Gutierrez and told them: You are at fault if this gets worse," the hostage-taker told Rogas.

Below is a transcript of Mendoza's RMN interview as aired on a GNN report.

MICHAEL ROGAS: Captain, sa papaaanong paraan po ninyo gustong matapos itong isyung ito, itong sitwasyong ito? (Captain, how do you want this issue, this situation to end?)

MENDOZA: Ayun nga, yung Ombudsman, ang sabi, re-review-hin, rerepasuhin. Ang gusto ko, dalhin nila rito ngayon ang order kung ako’y talagang dismissed. Yung final order nila na ako’y dismissed o na-issue-han ng dismissal order. Yun ang gusto kong mangyari: final order. Yung ginawa kanina, sulat lang ‘yun. Para ako’y ma-satisfy sa harap ng aking in-laws. Hindi tama ‘yun, mali ‘yun.

(They said the Ombudsman will review my case. What I want is for them to deliver the order if I’m really dismissed from service. The final order, saying I’m dismissed or was issued a dismissal order. That’s what I want: final order. What they delivered earlier was just a letter. For me to be satisfied in front of my in-laws. That was wrong.)

MICHAEL ROGAS: Kapitan, meron po kayong pakiusap sa pamamagitan po ng RMN, nakikinig po ang mga pulis ngayon. May pakiusap kayo sa pulis, lalung-lalo na dun sa mga sniper?

(Captain, is there anything you want to tell the police? They are listening to the RMN radio station right now. Do you have anything to say, especially to the snipers?)

MENDOZA: ‘Yang mga sniper, pag hindi sila nagsialis sa kanilang mga pwesto ay sasampolan ko sila. Ii-snipe-in ko ‘kako itong nasa pintuan.

(These snipers, if they won’t go away, I’ll give them a sample. I’ll shoot this one at the door.) Note: Masa Tse, the tour guide, was handcuffed by Mendoza at the door of the bus. He was eventually killed.

MICHAEL ROGAS: Ok, sa oras na ito, na quarter to seven na po ang oras dito po sa aming himpilan. Quarter to seven na ng gabi. Ano na po ang huling desisyon ninyo? (Ok, it’s now quarter to 7 p.m. What is your final decision?)

MENDOZA: Eh wala na po. Kasi nakikita ko ang dami nang SWAT na dumarating. Ang daming SWAT na dumarating, nakikita ko sa palibot. Ako naman, alam ko papatayin din nila ako. Kaya magsialis na sila dahil anytime, gagawin ko din ‘yun dito.

(I see a lot of SWAT coming. Many SWAT members are here, I see them all around. I know they are going to kill me. They should go away because anytime, I’ll do the same here on the bus.)

MICHAEL ROGAS: Sino na po talaga ang gusto ninyong makausap maliban po sa media?

(Who else do you want to talk to besides the media.)

MENDOZA: Eh yung pinaka reliable. Yung totoo ang sasabihin sa 'kin kasi ayaw ko yung sinisinungalingan lang ako.

(Someone who is really reliable, who will tell me the truth. I don't want someone who will just tell me lies.)

MICHAEL ROGAS: Sino yun? (Who is that?)

MENDOZA: Media. Media lang din. (Media. I just want the media.)

At this point of the interview, Mendoza is watching on TV the arrest of his brother, SPO2 Gregorio Mendoza.

MENDOZA: Oh, yung kapatid ko nakikita ko, bakit nila ginaganyan? Akong may kasalanan dito, walang kasalanan ‘yan! Walang kasalanan ‘yan. Ipakita niyo na pinakawalan ninyo kapatid ko! Ipakita nila, pagka hindi titirahin ko ang mga nandirito sa loob!

(I can see my brother, why are they doing that? I’m the one at fault here, not him! He’s not at fault. Show me that he’s being freed! Show me or else I’ll start shooting the people here!)

MICHAEL ROGAS: Kalma lang po… (Please remain calm…)

MENDOZA: Sabihin mo sa kanila, sabihin mo sa kanila ‘yan! (Tell them that, tell them that!)

MICHAEL ROGAS: Opo, tinatawagan na po. (Yes, we’re already calling.)

MENDOZA: Ipakita nila, ipakita nila dito sa kaliwa, sa kaliwa! Makita ko sa kaliwa ng bus. Palakarin nila ang kapatid ko diyan! Pagka hindi… ito, talagang ano. Aanuhin ko dito lahat-lahat.

(Show it, show it at the left! Make sure I see it at the left side of the bus. Make my brother walk away! Or else, I’ll… I’ll…)

MICHAEL ROGAS: Opo, tinatawagan na po namin ang PNP. Easy lamang po. (Yes, we’re already calling the Philippine National Police. Please take it easy)

MENDOZA: Wala naman kasalanan yang kapatid ko. Hindi nila alam ang pangyayari dito. (My brother is not fault. They didn't know what's happening here.)

MICHAEL ROGAS: Kalma lang po tayo dahil kami na po ay nakikipag-ugnayan na po sa PNP. Humuhupa na rin naman po ang mga pulis, ano po. (Please stay calm because we are now contacting the PNP. The police are also starting to calm down...)

MENDOZA: Ayan o, binibitbit ‘yung kapatid kong pulis. Walang kasalanan ‘yan, bakit nila bibitbitin yan? Sasabihin nila, accessory, hindi accessory ‘yan! Ako lang mag-isa ang gumawa nito. Ayan nakikita ko. Nakikita ko ‘yung ginagawa nila sa kapatid ko, ayun o! Pulis yan eh, walang kasalanan ‘yan! Walang kasalanan ‘yan!

(There! They’re arresting my brother who's a cop. He’s not at fault, why are they taking him? They’d say, accessory, he’s not an accessory! I’m the only one who did this. I can see it. I see what they’re doing to my brother. He’s a cop, he's not part of this. He’s not part of this!)

MENDOZA: Pakawalan nila ‘yan, pagka hindi, eto, babarilin ko ‘yung nasa unahan! Sabihin mo sa kanila. Sabihin mo sa kanila. Ayan o, nakikita ko rito, ayun o, nasa TV. Ginagawa nilang baboy ang kapatid ko na pulis! Walang kasalanan ‘yan! Hindi niya alam ang pangyayaring ito. Ngayon niya lang nalaman sa TV. Bakit nila gaganyanin? Wala ‘yan. Walang kasalanan ‘yan!

(Let him go, or I’ll shoot this one at the door! Tell them that. Tell them that! I’m seeing it here, it’s on TV! They’re treating my policeman brother like a pig! He’s not at fault. He doesn’t know anything. He knew this just now on TV. Why are they doing that to him? He’s not a part of this!)

MENDOZA: Ayun o. Ito, lalala lamang ito sa ginagawa ng mga pulis na ‘yan! Sabihin mo sa kanila. P*tangina! O, hindi nila pakakawalan ‘yan? P*tangina! Oh, babarilin ko na ito! Pakawalan ninyo ‘yan! Babarilin ko na ito!

(This will only get worse because of what the police are doing! Tell them that! [expletive] They won't set him free? [expletive] I’ll shoot this person! Set him free! I’m going to start shooting!)

MICHAEL ROGAS: Sandali po. Huwag po kayong magpapaputok. Captain Mendoza… (To Erwin Tulfo) Pakibilisan lang yung ground commander…

(Hold on. Do not fire your gun. Captain Mendoza… (To Erwin Tulfo) Erwin, please hurry to the ground commander…)

MENDOZA: Ayan pinosas na! ‘Pag hindi nila pinakawalan ‘yan, babarilin ko na ‘to! (They already handcuffed him! If they won’t set him free, I’ll shoot this person!)

MICHAEL ROGAS: Captain Mendoza, tinutulungan na po namin kayo… (Captain Mendoza, we’re already helping you…)

MENDOZA: Wala dinederetso-diretso nila. Pag umalis at hinuli nila kasama ang kapatid ko, babarilin ko yung nasa unahan, Babarilin ko na 'tong lahat-lahat. (They just went through with it. If they go away and bring my brother, I am going to shoot the one in the front. I am going to shoot everybody.)

MICHAEL ROGAS: Captain Mendoza! Captain Mendoza!

At this point, Mendoza is no longer speaking to the interviewer as a commotion ensues inside the bus.

He later told the interviewer that he had shot 2 of the Chinese tourists and that he would kill everyone on the bus if the SWAT team does not go away.

MENDOZA: Binaril ko na yung 2 Chinese. Pagka hindi nila binago yung ganitong sitwasyon, ako mamamaril dito sa loob. Uubusin ko 'to! Uubusin ko pagka hindi sila tumigil ng kakatakbo diyan sa gilid. Uubusin ko to!

(I shot 2 of the Chinese. If they don't change the situation, I'm going to start shooting in here. I'll finish off everyone! I'll kill everybody if they don't stop running beside the bus. I'll finish off everyone!)(abs-cbnNEWS.com)


Link: http://www.abs-cbnnews.com/nation/08/30/10/transcript-hostage-takers-last-radio-interview

Police Chief Orders Probe On Bloody Manila Hostage-Drama

MANILA, Philippines (Mindanao Examiner / Aug. 25, 2010) – The Philippine police said it is investigating what went wrong to the bloody end to the hostage-draw in Manila that left 8 Hong Kong nationals dead and several more wounded, two of them seriously.

A former police captain, Rolando Mendoza, who was accused of robbery and extortion, took a tourist bus and held its two dozen passengers, mostly Hong Kong holidaymakers, hostage on Monday morning near the Quirino Grandstand.
He then demanded a government review of all charges against him, saying, he was innocent.

Nine of the Chinese hostages had been freed, but the rest were shot either by Mendoza or police commandos who assaulted the bus. The hostage-taker was eventually killed in the assault later in the night.

Earlier in the night, policemen arrested a brother of the hostage-taker, Gregorio Mendoza, after he was accused of instigating and agitating, instead of convincing the armed man to surrender peacefully, according to Director Leocadio Santiago, chief of police forces in the National Capital Region.

The arrest of Mendoza’s elder brother may have prompted him to shoot the hostages. Mendoza’s brother told reporters that policemen would kill him after accusing him of conspiring with the hostage-taker, an accusation he vehemently denied.

Moments after the arrest of the hostage-taker’s brother, several shots rang inside the bus. Mendoza’s brother and wife were in the area to convince him to surrender peacefully.

“The outcome of the hostage taking incident at the Quirino Grandstand is indeed very unfortunate that should warrant a thorough investigation. It saddened me deeply that lives were lost in the process. Indeed no words can assuage the trauma and grief that the victims and their families are now experiencing.”

“We will continue to work closely with other government agencies to make sure the victims and their families get the necessary services that they need while still in our country,” said Jesus Verzosa, the police chief.

“In the meantime, we will hold passing any judgment on what went wrong or what went right until we receive the final report from a team of experts who will look into all circumstances surrounding the hostage taking incident,” he added.

Media reports on Wednesday said several commandos who participated in the bungled assault had been suspended pending the outcome of the investigations. (Mindanao Examiner)

Maoist rebels brand "colossal stupidity" how Manila handled bloody hostage-drama

MANILA, Philippines (Mindanao Examiner / Aug. 24, 2010) – The underground Communist Party of the Philippines on Tuesday branded as “colossal stupidity” how police and government officials handled the hostage-drama in Manila that left at least 7 Hong Kong nationals dead.

It said: “Government and police officials failed to draw out the hostage-taker through negotiations. Police actions, including the arrest of his brother and nephew later in the day, only drew the ire of the hostage-taker and made worse the situation."

The Communist Party of the Philippines, which is fighting for decades now for the establishment of a Maoist state in the country, said the fumbled police assault resulted in unnecessary bloodshed.

"Colossal police incompetence was highlighted in almost every aspect of the hostage crisis. The Filipino people are dismayed at the monumental foul-ups and deplore the incompetence and stupidities of government and police in handling the hostage crisis," it said.

It was referring to the bloody end of the hostage-drama that also killed Rolando Mendoza, a former police captain. Mendoza was shot in the head and body near the bus’ front door where he fought it out with commandos. At least 15 people were held hostage by Mendoza, officials said.

Mendoza, who was dismissed from the service after being accused of robbery and extortion, hijacked the bus on Monday morning. Mendoza later demanded that he be reinstated to the police service after denying all accusations against him.

At least 9 people had been released earlier on Monday by Mendoza and the bus driver escaped later in the night after jumping out of the window.

Earlier in the night, policemen arrested a brother of the hostage-taker, Gregorio Mendoza, after he was accused of instigating and agitating, instead of convincing the armed man to surrender peacefully, according to Director Leocadio Santiago, chief of police forces in the National Capital Region.

The arrest of Mendoza’s elder brother may have prompted him to shoot the hostages. Mendoza’s brother told reporters that policemen would kill him after accusing him of conspiring with the hostage-taker, an accusation he vehemently denied.

Moments after the arrest of Mendoza, several shots rang inside the bus where the tourists were being held by the former cop. Officials said Mendoza hijacked the bus to air his gripe. His brother and wife also urged him to surrender peacefully.

Hong Kong on Tuesday has warned Chinese nationals against travelling to the Philippines. (Mindanao Examiner)

Commandos storm tourist bus, fire stun grenade

MANILA, Philippines (Mindanao Examiner / Aug. 23, 2010) – Police commandos fired stun grenades inside a tourist bus in Manila where over a dozen Hong Kong tourists were being held hostage Monday, but there were no signs that any of the captives are alive.

Sporadic firing can still be heard from inside the bus where a dismissed police officer, Rolando Mendoza, accused of robbery and extortion, hijacked the vehicle and held its passengers hostage.

At least 9 people had been released since early this day and the bus driver escaped later in the night after jumping out of the window. He was quoted as saying that the remaining captives had been shot and killed.

No officials would confirm the report until commandos take control of the bus.

Earlier in the night, policemen arrested a brother of the hostage-taker, Gregorio Mendoza, after he was accused of instigating, instead of convincing the armed man to surrender peacefully, according to Director Leocadio Santiago, chief of police forces in the National Capital Region.

The arrest of Mendoza’s elder brother may have prompted him to shoot the hostages. Mendoza’s brother told reporters that policemen would kill him after accusing him of conspiring with the hostage-taker, an accusation he vehemently denied.

Moments after the arrest of Mendoza, several shots rang inside the bus where the tourists were being held by the former cop.

Officials said Mendoza, armed with an automatic rifle, hijacked the bus, mostly carrying Hong Kong students, to air his gripe. His brother and wife also urged him to surrender peacefully. (Mindanao Examiner)

Police arrest brother of Philippine hostage-taker

MANILA, Philippines (Mindanao Examiner / Aug. 23, 2010) – Philippine policemen arrested Monday evening a brother of a former cop who is holding over a dozen Hong Kong tourists in Manila.

Director Leocadio Santiago, chief of police forces in the National Capital Region, said Gregorio Mendoza, also a policeman, was taken into custody after he accused him of instigating instead of convincing the hostage-taker, Rolando Mendoza, an ex-police officer, to peacefully surrender.

Moments after the arrest of Mendoza, several shots rang inside the bus where the tourists were being held by the former cop.

It was unknown whether any of the hostages were shot, but police commandos opened fire on the tires of the bus immobilizing the vehicle. The bus driver was able to escape after jumping out of the window, leaving the hostages behind. Their fate is unknown.

Mendoza, an officer of the Philippine National Police, was removed from service after he was accused of robbery and extortion, among others. But he denied all the charges against him and said he was wrongfully dismissed from the service.

So far at least 8 hostages had been freed by the hostage-taker, Rolando Mendoza, and police continue to negotiate for the safe release of the others, including several Filipinos.

Officials said Mendoza, armed with an automatic rifle, hijacked the bus, mostly carrying Hong Kong students, to air his gripe. His brother and wife also urged him to surrender peacefully.

Police forces have surrounded the bus and ready to strike if peaceful negotiations fail. (Mindanao Examiner)

Philippine cop takes HK tourists in Manila

MANILA, Philippines (Mindanao Examiner / Aug. 23, 2010) – A disgraced Filipino policeman who is accused of extortion and robbery hijacked Monday a tourist bus carrying over a dozen Chinese nationals in the Philippine capital.

So far at least 8 hostages had been freed by the hostage-taker, Rolando Mendoza, and police continue to negotiate for the safe release of the others, including several Filipinos.

Mendoza, an officer of the Philippine National Police, was removed from service after he was accused of robbery and extortion, among others. But he denied all the charges against him and said he was wrongfully dismissed from the service.

Officials said Mendoza, armed with an automatic rifle, hijacked the bus, mostly carrying Hong Kong students, to air his gripe. His brother and wife also urged him to surrender peacefully.

Police forces have surrounded the bus and ready to strike if peaceful negotiations fail. (Mindanao Examiner)

Injured Filipino worker in Hong Kong sought accident compensation

HONG KONG (Asian Human Rights Commission / Feb. 18, 2009) - A twenty-year-old Filipino waiter, who suffered second degree burns to his face and chest caught fire in a work related accident has now sought compensation for the injuries he has suffered.

It was on 21 January 2009 that the waiter, Melvin Delos Reyes, meet with the accident when a flaming Lamborghini wine, which was served to one of the bar’s customers, had been accidentally splashed on him from his back. Melvin was stationed at the cashier’s desk receiving payments when the flaming wine caught him.

While other customers and bar staffs scrambled to help a customer only a few took notice that Melvin himself was on fire, as well. Had one of the bar staff not been able to come to his rescue promptly, he could have suffered more serious injuries. He said he was clueless as to how the accident happened and only found himself on fire. Only later did he come to learn that fire was caused by the flaming wine a waiter had served.

In this online presentation, Fr. Robert Reyes, staff member of the Asian Human Rights Commission (AHRC), interviewed Melvin and his mother, Cheung Babelyn, who share their personal experience about the difficulties they had in their struggle to obtain remedies for the work-related injuries.

Melvin has been working since December 2007 with The Cavern. The bar is one of a chain of bars and coffee shops owned by Igor’s Group.

After the incident though, it took him and his mother, several weeks before they came to know that they could in fact claim compensation for the accident. Instead of giving him proper instructions on what he should be doing to process claims, the records regarding the incident and the documents submitted with the Labour Department in Hong Kong were withheld from them.

Also, when Babelyn tried to register a complaint with the police she was told it was no longer necessary to file a complaint and that should she decide to do so it should be the human resource office of Melvin’s company to do so. Under Hong Kong law, either the employer or the employee can file a petition for compensation with the labour department.

Though they were told that application for compensation on Melvin’s behalf has already been made at the Labour Department’s Employment’s Compensation Division, they were not properly informed of what they should do to process the claims. However, only until recently that the Labour Department notified them about receiving a claim for compensation.

Melvin had been admitted for weeks at a hospital and continued to receive treatment for his injuries. Even though Melvin felt he is not yet fit for work, the management staff of his company are insisting that he return to work. (AHRC)

Gov't Urged To Junk POEA Guidelines For HSW

DAVAO CITY – The Gabriela Women's Party List group on Saturday urged the public to support its call for the scrapping of the new Philippine Overseas Employment Agency (POEA) guidelines for Household Service Workers (HSW), which it said is a euphemized term for domestic helpers.

It said Filipinos working in Hong Kong were also protesting the new POEA guidelines and demanded the government to immediately scrap it.

The POEA guidelines for HSW are the following:

I. Newly hired HSWs[1] a) With visas issued prior to 16 December 2006, or processed under job orders registered with POEA prior to 16 December 2006, or processed under employment contracts that were verified by the concerned POLOs prior to 16 December 2006 shall be exempted from the following reform package:
• Minimum age of 23;
• Minimum entry salary of US$400;
• No – placement Fee policy; • TESDA NC2 Certificate; and
• Attendance to the OWWA Language and Culture Orientation;

Provided that these newly hired HSWs are processed at POEA before 1 March 2007.

b) With visas issued after 16 December 2006, or processed under job orders registered with POEA after 16 December 2006, or processed under employment contracts that were verified by the concerned POLOs after 16 December 2006 shall be covered by the following:
• Minimum age of 23;
• Minimum entry salary of US$400; • No – placement Fee policy;
• TESDA NC2 Certificate; and
• Attendance to the OWWA Language and Culture Orientation.

Newly hired HSWs shall exempted from the TESDA and OWWA requirements if bound for countries with prescribed skills training and language and culture orientation as conditions for visa issuance. The determination of the countries with such requirements shall be done by POEA.

II. Returning HSWs:a) Vacationing HSWs or those with existing overseas employment contracts executed prior to 1 March 2007 and are returning to their employer at anytime within the duration of their contract are exempted from the coverage of the following reforms: • Minimum age of 23;
• Minimum entry salary of US$400;
• TESDA NC2 Certificate; and
• Attendance to the OWWA Language and Culture Orientation.

The No-placement Fee policy does not apply to them since they are merely resuming their employment under an existing contract and are processed at the POEA without the participation of an agency.

b) HSWs who completed their overseas contracts within 2006 and thereafter, and are returning to the same or new employer with their OEC issued before 1 March 2007, are exempted from the following:
• Minimum age of 23; • Minimum entry salary of US$400; • Payment of placement fee, if hired thru an agency; • TESDA NC2 Certificate; and
• Attendance to the OWWA Language and Culture Orientation unless returning to a country with a different language and culture, as determined by OWWA.

c) HSWs who completed their overseas contracts before 2006 and are returning to the same or new employer with their OEC issued before 1 March 2007 are covered by the new minimum salary rate of US$400.

They are, however, exempted from the following:
• Minimum age requirement
• Payment of placement fee, if hired thru an agency
• TESDA NC2 requirement, unless required by their employer • OWWA Language and Culture Orientation unless returning to a country with a different language and culture, as determined by OWWA.

d) HSWs who completed their overseas employment contracts which were executed prior to 1 March 2007 and are being processed under a new contract with the same employer or new employer on or after 1 March 2007 are covered by the new minimum salary rate of US$400.

They are, however, exempted from the following:
• Minimum age requirement;
• Payment of placement fee, if hired thru an agency;
• TESDA NC2 requirement, unless required by their employer; and
• OWWA Language and Culture Orientation unless returning to a country with a different language and culture, as determined by OWWA.

e) HSWs who completed their employment contract before or after 2006 and are being processed under a new contract with the same or a new employer on or after 1 March 2007 are covered by the new minimum salary rate of US$400.

They are, however, exempted from the following:
• Minimum age requirement;
• Payment of placement fee, if hired thru an agency;
• TESDA NC2 requirement, unless required by their employer; and • OWWA Language and Culture Orientation unless returning to a country with a different language and culture, as determined by OWWA.

Last year, some $10.3 billion in overseas workers’ remittances were sent back home and it was 16.6 percent more than the previous year, according to Gabriela.

The group blamed President Gloria Arroyo for the hardship suffering of many overseas Filipino workers because of the new POEA guidelines.

"Mrs. Arroyo has been peddling our women, degrading them as mere commodities for her desperate efforts to fulfill her promise of 1.5 million jobs per year," Prof. Luz Ilagan, Gabriela second nominee, said in a statement sent to the Mindanao Examiner.

According to POEA data, women comprised majority of OFWs and since 1992, thepercentage of these women was equal to that of the men. In 2002, the percentage of women OFWs rose to 69 percent.

"Instead of approving the legislated wage hike or creating decent-paying jobs in the country, she opted to become the number one recruiter and exploiter of the women who are forced to work abroad despite the gnawing abuses awaiting them as well." Ilagan said.

In January, some 5,000 Filipino migrants workers in Hong Kong the new POEA guidelines on the deployment of domestic helpers.

Dolores Balladares, chairperson of the militant United Filipinos in Hong Kong (UNIFIL-MIGRANTE-HK), said that the protest action was just the first in the series of bigger ones that they are planning to organize to scrap the new prequalification measures of the POEA for Filipinos applying for domestic work abroad.

“Whenever the government is in dire need of money due to its bankrupt and corrupt economic policies, we are the ones who are made milking cows to fatten its coffers,” she said.

The protesters also held a program at Harcourt Garden, just below the building that houses the Philippine Consulate General, where they lambasted the POEA guidelines.

They also submitted a petition, signed by more than 130 organizations, that called for the scrapping of the new rules while also calling for genuine services to overseas Filipinos.
The protesters said new regulations are but mere “ploys for extortion”.

Under the said rules, applying domestic helpers must pass through several weeks of training to obtain the National Certificate for Household Service Workers, as the country-specific Language and Culture Certificate.

“Applicants are made to pay P1,500 (USD30) to P15,000 (USD300) for these so-called trainings. Even current OFWs are not spared as cases have been reported of them being refused to leave the Philippines if they fail to produce the said certificates,” Balladares said.

Balladares said that because of the nature of employment of current domestic helpers, “many of us, one way or another, will go back to the Philippines to have our papers processed.” (With reports from the Mindanao Examiner)