MANILA, Philippines -  The Office of the Ombudsman on Monday affirmed its earlier decision dismissing slain hostage-taker Rolando Mendoza from the Philippine National Police (PNP) force. 

In a 13-page decision, Ombudsman Merceditas Gutierrez said Mendoza "failed to present newly discovered evidence or point to any serious irregularity or grave error of fact or law" that would reverse the Ombudsman's earlier decision dismissing Mendoza and 4 others.

Mendoza, a decorated police officer, was dismissed from the service along with 4 others for extorting money from a hotel chef in 2008.

Last August 23, Mendoza took hostage 25 people on board a Hong Thai Travel bus in Rizal Park in a bid to be reinstated to the police service. He told negotiators that he would release his hostages if charges of robbery, grave threat, and physical injury filed against him before the Ombudsman were dropped.

The hostage crisis ended with Mendoza and 8 of his hostages dead.

In his original complaint, hotel chef Christian Kalaw  said arresting officers, PO3 Wilson Gavino and PO2 Roderick Lopena, approached his vehicle, which was parked at the corner of Vito Cruz and Taft avenues, and accused him of illegal parking and driving without a license.

Kalaw said the police officers searched his vehicle, pocketed P3,000 found in the ashtray of the car and then drove him to Ospital ng Maynila after accusing him of taking illegal drugs. At the hospital parking lot, the two officers allegedly forced him to eat methamphetamine hydrochloride crystals (shabu).

The officers then brought him to Manila Police District headquarters and demanded P200,000 or risk facing charges of illegal drug abuse. A friend later gave P20,000 to Gavino, Lopena, Mendoza, Inspector Nelson Lagasca, SPO1 Nestor David just to set Kalaw free.

Substantial evidence vs cops

In a press conference on Monday, Assistant Ombudsman Jose de Jesus said the Ombudsman stressed certain observations that supported the decision to dismiss Mendoza from the service.

De Jesus said Kalaw's arrest was unlawful since the car was parked and the complainant was not driving at the time of arrest. He also said the illegal parking charge was baseless and that the vehicle should have been impounded rather than have the driver arrested.

"Maybe we can add that a ticket should have been issued instead," he said.

He also noted that the police is not the proper agency to enforce traffic laws since it had already been delegated to the Metropolitan Manila Development Authority (MMDA).

Finally, he noted that the lengthy detention of Kalaw,  "which lasted from late in the evening till the following morning for a mere traffic violation was unreasonable."

"Of course, the respondents denied the charges but after a thorough, complete and lengthy investigation, the Office of the Ombudsman found substantial evidence showing that all the police officers herein named were guilty of the offense charged," he said.