Manila Hostage Drama

MANILA, Philippines -- (UPDATE) Criminal charges have been filed by Manila police against the two men who held hostage 26 schoolchildren and their teachers late last month, according to the city prosecutor.

Twenty-seven counts for violation of Revised Penal Code (RPC) Article 267 (4) or serious illegal detention, and two counts each for violation of Article 268 of the RPC for slight illegal detention and illegal possession of firearms in relation to Comelec Resolution 7764, or the election gun ban, were filed against Armando “Jun” Ducat and Caezar Carbonell before the Manila regional trial court, Manila City prosecutor Jhosep Lopez said.

Lopez said that since serious illegal detention is a non-bailable offense, Ducat and Carbonell will remain detained at the Manila Police District (MPD).

Serious illegal detention applies if the person detained is a minor, female or a public officer while slight illegal detention to cover two other victims who were not included in the first complaint.

Ducat held his wards hostage -- aided by Carbonell -- for 10 hours inside a bus that was supposed to take them on a field trip to Tagaytay City.

He had demanded continued education for the children and improved standards of living for the residents of Tondo.

The hostage drama ended peacefully after Ducat and Carbonell released their captives and surrendered to authorities.

The Manila prosecutors said even if the parents of the students as well as the teachers and staff of the Musmos Daycare Center, which Ducat operates, indicated that they will not file a case, the law allows the police to file the complaint.

"The members of the Manila Police District (MPD) are competent persons to file criminal complaint against respondents pursuant to Section 3, Rule 110 of the Rules of Court," City Prosecutor Danilo Suarez said in a resolution approved by City Prosecutor Jhosep Lopez.

And even if the parents gave consent to Ducat to take custody of the children, "the consent was limited only to the scheduled field trip to Tagaytay City," the prosecutors said.

"Hence, from the time respondent Ducat instructed the bus driver to go back to Manila under the pretext that they would fetch two Manila councilors at the Bonifacio Shrine, the consent of the parents ceased as respondent Ducat's authority to take custody over the minor children ended," the prosecutors said dismissing the argument raised by Ducat and Carbonell.

At the same time, the prosecutors said that while the .45 caliber pistol and UZI machine pistol used in the hostage taking were licensed, they were not covered by the necessary certification of exemption from the election gun ban.