Aquino said he is not rushing the dismissal proceedings of Gonzalez or the search for his replacement without giving him due process.

However, the President said that once Gonzalez’s dismissal becomes final and executory, it will be enforced unless the court blocks the decision of the Office of the President (OP).

Aquino said Gonzalez is entitled to avail himself of legal remedies within a certain period to challenge the Palace decision to fire him for failing to act swiftly on a case of a former policeman involved in the August 23 hostage incident in front of the Quirino Grandstand in Manila.

“Technically, there is a period for a motion for reconsideration – it hasn’t lapsed. He has entitlement to file it, but once that is done and absent any order stopping us by the court, then we will proceed with it,” he said.

Asked if he thinks Gonzalez should temporarily step down in case he contests the OP decision, Aquino said: “He has an entitlement to have a motion for reconsideration filed, so we will wait for the process. There is a deadline and if it is so warranted, then we will enforce the law.”

The President also said it was “premature” to look for a replacement of Gonzalez until the OP decision becomes final and executory. “There is no vacancy until the process is completed,” he said.

Gonzalez was ordered removed from the service for gross neglect of duty and gross misconduct in handling the complaint of the sacked policeman Rolando Mendoza, the hostage-taker.

The delay in the resolution of the case drove Mendoza to held several tourists hostage in Manila last August. Eight Hong Kong nationals and the hostage- taker himself were killed during the bloody incident.

Executive Secretary Paquito Ochoa Jr., meantime, insisted that Gonzalez was given due process when he was under OP investigation over mishandling the case of Gonzalez initially participated in the OP probe, but later questioned its jurisdiction over his case, according to Ochoa. Ochoa, however, pointed out that the President has disciplinary powers towards Gonzalez based on the Constitution and Republic Act No. 6670, or the Ombudsman Act of 1989.

“We investigated on our own just to establish the facts clearly to warrant our decision,” he said over radio.

On other public officials under investigation for the botched hostage rescue, Ochoa said National Police Commission has filed administration charges against certain police officers involved in the hostage fiasco last year.

The administrative case against Manila Mayor Alfredo Lim, on the other hand, is still pending before the Department of Interior and Local Government, he said.

President Aquino has drawn flak for imposing light penalties on several government officials involved in bungled hostage rescue that left eight people dead. Only the brother of the slain hostage taker was slapped with criminal charges in connection with the hostage drama.

Genalyn Kabiling, Manila Bulletin