Philippines investigators with assistance from Taiwanese investigators inspecting the damaged Taiwan fishing boat Guang Ta Hsin 28 at the Tungkang harbour, in Taiwan’s southern Pingtung county.

AFP/Manila

Philippine authorities said yesterday they had recommended homicide charges against eight Filipino coastguards for the fatal shooting of a Taiwanese fisherman in disputed waters.

Taiwan’s foreign ministry welcomed the move as a “constructive response” in a dispute that severely strained relations, and said it would recommend that the island’s government lift sanctions against Manila.

The Philippine Justice Department announcement follows weeks of high tensions between Taiwan and the Philippines, after coastguard chiefs in Manila initially insisted the fishing vessel had tried to ram the coastguard boat and their personnel had fired in self-defence.

“The NBI (National Bureau of Investigation) report recommends that criminal charges of homicide be filed against these eight Philippine Coast Guard personnel,” said NBI head Nonnatus Rojas.

Commanding officer Arnold dela Cruz and seaman first class Edrano Aguila, who was found to have fired the M14 rifle that killed the fisherman, are among those whom the report recommends should be charged.

However since all eight coastguards admitted firing their guns, they would all face the same charge under the principle that they acted in “conspiracy”, Rojas told reporters.

Nine other coastguards who were on the same vessel, as well as three fisheries bureau personnel, will not be charged.

The May 9 incident occurred in waters near an island in the Philippines’ extreme north, which Taiwan also claims as part of its economic zone.

A 65-year-old Taiwanese fishermen was killed when the coastguards opened fire on the small vessel he was crewing with his son and two others.

The killing caused a deep rift between the neighbours, with Taiwan President Ma Ying-jeou describing it as “cold-blooded murder”.

Taiwan ordered a freeze on the hiring of Filipino workers, warned its tourists against travelling to the Philippines and staged naval drills near its sea border with Manila.

An estimated 87,000 Filipinos currently work in Taiwan.

President Benigno Aquino had repeatedly apologised for the killing and sent an envoy to Taiwan, but these actions were rejected as insincere. Taiwan instead demanded criminal charges against the coastguards. It also carried out a parallel investigation in Manila.

The Philippine coastguard said initially the fishing boat intruded into its waters, and its personnel were forced to open fire when it tried to ram their vessel.

But Filipino investigators said yesterday they could find no conclusive evidence of ramming.

Rojas said a video filmed by one of the  coastguards “failed to prove the attempted ramming... the intent to ram is not clear”.

He added that the coastguard rules of engagement only allowed the use of firearms in self-defence or to disable a vessel, not to cause death.

“There is no categorical proof that the fishing boat posed an imminent or grave threat to the lives of those on board the Philippine patrol craft,” he said.

A criminal complaint will now be lodged with the state prosecutor’s office. Under Philippine law, the prosecutor will determine whether there is enough evidence to take the case to court. 

If convicted, the eight could face 12 to 20 years in jail for homicide, Rojas said.

Rojas, the NBI chief, defended the decision to stop the fishing boat, saying it was “well within the Philippines’ 200-kilometre exclusive economic zone”, in waters off the northern Philippine islands of Babuyan and Batanes.

But he said that four of the Philippine crew including dela Cruz had tampered with a report on how many bullets were fired and also spliced the crew member’s video footage, leading the NBI to recommend additional “obstruction of justice” charges against them. 

These are punishable by as much as six years in jail.

Taiwan’s foreign ministry said yesterday it would push for the lifting of sanctions against the Philippines after Manila recomended homicide charges in a shooting case that severely strained ties.

Calling Manila’s move a “constructive response”, the ministry said it would recommend the Taipei government improve relations, including lifting sanctions.

In a separate move Taiwanese prosecutors yesterday charged eight Filipino coastguard personnel with homicide following the killing in May. The indictment was considered symbolic as it is unlikely that the Philippines will allow the accused to be tried in Taiwan due to the lack of formal diplomatic ties.

“The Philippine coastguard illegally chased an unarmed fishing boat for 75 minutes and fired more than 100 shots at it, which was clearly not proper defence ... and with an intent to kill,” prosecutors said in a statement.

Among the eight charged with murder are the commanding officer Arnold dela Cruz and seaman first class Edrano Aguila, who was found to have fired the M14 rifle that killed the 65-year-old fisherman.