NBI eyes gunfire as diversion for Bato, tags Robin as person of interest

MANILA, Philippines — The question around the Senate gunfire on the night of Wedneday, May 13, is shifting from who fired first to what the shooting may have made possible.

National Bureau of Investigation Director Melvin Matibag said investigators may examine whether the commotion caused by the gunfire at the Senate was used to divert attention and allow Sen. Ronald "Bato" Dela Rosa to leave the building, where he had been staying under Senate protection while facing an International Criminal Court arrest warrant.

"Maaaring iyong naging dahilan nung pagpapaputok na iyan ay para ma-divert at makaalis si Senator Bato," Matibag said in an interview on "Unang Hirit" Friday, May 15. (The firing may have been meant to divert attention and allow Senator Bato to leave.)

Asked whether this strengthened the theory that the shooting was connected to Dela Rosa’s departure, Matibag was more careful: "I will be fair to the investigation, but that can be included sa nagiging imbestigasyon."

Dela Rosa, who is wanted by the ICC over alleged crimes against humanity tied to the Duterte administration’s drug war, fled from the Senate hours after gunshots were heard in the building Wednesday night effectively evading an impending arrest.

Robin as person of interest

Matibag said Sen. Robin Padilla should be asked about Dela Rosa’s whereabouts, after reports that Padilla was with him when he slipped out from the ensuing melee.

"Kung merong unang-unang dapat tanungin, identified na naman na si Senator Robin Padilla ang kasama," Matibag said. "Siya po ang pinaka-person of interest to shed light on the whereabouts po ni Senator Bato."

A person of interest in law enforcement points to an individual who may have information in connection to a crime, that is, Dela Rosa's resistance to arrest. Matibag did not say Padilla was a suspect.

Senate President Cayetano had argued, however, there was "nothing illegal" about it because Dela Rosa was not under detention. "As far as escaping, he did not escape. He chose to leave," Cayetano said.

Matibag said the Senate could not invoke protective custody to shield Dela Rosa from arrest, then disown responsibility once he left.

"Ibig sabihin, ikaw ang person responsible. Kapag kinailangan ng authority na i-present ang taong iyan, dapat handa kang i-present siya," he said. (That means you are the person responsible. If an authority needs the person presented, you should be ready to present him.)

"Ang problema rito, iyong protective custody, hindi ka puwedeng hulihin pero puwede kang patakasin. Ganoon po ang nangyari." (The problem here is that with protective custody, you cannot be arrested, but you can be allowed to escape. That is what happened.)

Dispute over motive

Matibag said the NBI agent who fired during the incident did not directly shoot at Senate personnel, but also fired warning shots after the Senate side opened fire. He said the agent reported firing about six times, which he said was consistent with PNP findings of five 5.56 shell casings.

The Senate account, as relayed by Cayetano, was that Senate Sergeant-at-Arms Mao Aplasca fired a warning shot after seeing an NBI agent with an AR-15, with at least 27 shots later discharged from the Senate side and five from the NBI agent.

Matibag said the first response after an NBI agent identified himself should have been a mutual stand-down, not gunfire.

Aplasca, whom Cayetano appointed Monday as acting sergant-at-arms, is a retired police major general and a classmate of Dela Rosa at military academy.