The Criminal Investigation and Detection Group (CIDG) has traced 39 of the 44 recovered fired cartridge cases from the 13 May Senate shooting incident to three firearms carried by personnel of the Office of the Senate Sergeant-at-Arms (OSAA).

CIDG director Maj. Gen. Robert Alexander Morico II said the findings were based on the group’s forensic investigation of the gunfire that erupted inside the Senate complex.

“The OSAA personnel fired excessively even though no one was attacking them. I can say that is overkill,” Morico said during a press briefing at Camp Crame.

Morico said the findings prompted the CIDG to recommend the filing of charges against acting Senate Sergeant-at-Arms Mao Aplasca and at least two of his personnel who were found to have discharged their firearms.

He said the actions of the OSAA personnel violated the Implementing Rules and Regulations of Republic Act 11917, or the Private Security Services Industry Act.

“Because they are not a law enforcement body like the NBI and the PNP, they are covered by the IRR. They have no police power, and you cannot ask a law enforcement officer to lay down his firearm. That is why you see Marines and members of the Police Security and Protection Group inside the Senate to augment security,” Morico said.

The law provides that firearms may be used only when there is imminent danger and in self-defense or defense of others.

Meanwhile, investigators traced five fired cartridge cases to a 5.56-caliber rifle issued to NBI agent Darwin Francisco.

“No case was recommended against him. Based on our findings, the two NBI agents acted professionally, so we did not recommend any violation of law against them, particularly Agent Francisco,” Morico said.