The Office of the Ombudsman has ruled that retired Police Major General Mao Ranada Aplasca is administratively liable for grave misconduct and gross neglect of duty.
According to an 18-page decision dated June 25, Mr. Aplasca, then acting Senate sergeant-at-arms, initiated the confrontation that led to gunfire inside the Senate complex in May.
The Ombudsman stated that Mr. Aplasca's warning shots were unjustified because there was no imminent threat.
The decision cited that National Bureau of Investigation (NBI) agents had identified themselves before Mr. Aplasca fired his weapon and were merely positioned along the hallway leading to the Government Service Insurance System (GSIS) premises.
The Ombudsman rejected Mr. Aplasca's claim that the incident was a continuation of the confrontation involving Senator Ronald “Bato” M. dela Rosa two days earlier, saying the incidents involved different personnel and circumstances.
The decision imposed the penalty of dismissal from the service, with the accessory penalties of cancellation of eligibility, forfeiture of retirement benefits and perpetual disqualification from government employment.
Since Mr. Aplasca had already retired, the dismissal was converted into a fine equivalent to one year's salary, deductible from his retirement benefits, leave credits or other receivables.
The Ombudsman cited that warning shots are allowed only when an officer is outnumbered, overpowered and faces imminent danger to life, which was not the case in this incident.
The decision also found that Mr. Aplasca failed to perform his duty to secure the Senate complex after ordering a lockdown while proceeding with the operation, despite knowing journalists and other civilians remained inside the building.
The Ombudsman said Mr. Aplasca “deliberately disregarded established rules,” overcoming the presumption that he had regularly performed his official duties.
The case arose from the exchange of gunfire between personnel of the Senate Office of the Sergeant-at-Arms and NBI agents near the Senate-GSIS complex on May 13.
