Wednesday, January 26, 2011

Botanist's family files murder charges vs Army soldiers

By Edu Punay (The Philippine Star) Updated January 26, 2011 12:00 AM

MANILA, Philippines -  The family of noted botanist Leonard Co yesterday filed murder charges against officers and members of the Army’s 19th Infantry Battalion with the Department of Justice (DOJ) for the killing of Co and two guides during crossfire between government and New People’s Army (NPA) forces in Leyte last November.

In a five-page complaint, Co’s wife Glenda and parents Lian Sing and Emelina Co alleged that the Army men premeditatedly shot Co and his guides Sofronio Cortez and Julius Borromeo.

Named respondents in the complaint were 1Lt. Ronald Odchimar, 2Lt. Cameron Perez, Cpl. Marlon Mores, Pfcs. Albert Belonte, Michael Babon, Elemer Forteza, Roger Fabillar, Gil Guimerey, Alex Apostol and WIlliam Bulic, and 28 other 19th IB men who were still unidentified.

This, as Justice Secretary Leila de Lima stood by the report of a DOJ fact-finding panel, which concluded that the military men were not responsible for the deaths of Co and his guides during the crossfire since it said the fatal bullets came from the lines of the NPA rebels.

Co’s family protested the DOJ report and instead filed the criminal complaint for a formal preliminary investigation.

Citing affidavits of survivors Policarpio Balute and Ronino Gibe, they alleged that Army’s gunfire was “specifically directed only at Co, Borromeo, Cortez and their companions.”

“As narrated by both Gibe and Balute, they were gathered around and inspecting a tree when they were suddenly fired at, from the back, completely taking them by surprise,” the complaint stated.
Co’s family said the accounts of both witnesses were consistent with the forensic findings of Dr. Raquel Fortun.

Lawyer Evalyn Ursua, legal counsel of Co’s family, said a scrutiny of the soldiers’ affidavits would show that they did not have personal knowledge of the supposed presence of communist rebels.
De Lima said the complaint just provided an avenue for Co’s family to contest the findings of the DOJ fact-finding panel.

“It is incumbent upon me to support at this point the findings of the panel – unless there’s showing of misappreciation of evidence or erroneous results,” she said.

She said she would also closely monitor the probe being conducted by the Commission on Human Rights (CHR).

She said a preliminary investigation into the murder charges “effectively” has more weight than the DOJ panel’s fact-finding.

“In the preliminary investigation, the evidentiary rules will apply. The ultimate goal is to determine probable cause whether the respondents can be indicted. This is a different proceeding; it’s more formal and it will be done by a different panel,” she said.

De Lima vowed that the DOJ would be impartial in the preliminary investigation.

Col. Domingo Tutaan Jr., chief of the Armed Forces’ Human Rights Office, said soldiers involved in the Leyte clash were ordered to attend the CHR inquiry in Tacloban City starting today.

Lt. Gen. Ralph Villanueva, chief of the Armed Forces’ Central Command, said they are ready to “answer any complaint in the proper venue.” 
         
In light of the conflicting reports, Cagayan de Oro City Rep. Rufus Rodriguez has called for a congressional probe on the death of Co and his guides.

– With Alexis Romero and Paolo Romero

Tuesday, January 25, 2011

Murder charges filed vs soldiers in Co slay

Posted on January 25, 2011 10:31:24 PM
Business World

THE PARENTS and widow of slain botanist Leonardo F. Co have filed murder charges against 38 members of the 19th Infantry Battalion (IB) whom they believed were liable for the death of Mr. Co.
"[W]e have basis to believe that no encounter occurred between the 19th IB and the communist terrorists when Co, Borromeo, and Cortez were killed and that they were in fact murdered by elements of the 19th IB of the Philippine Army," Mr. Co’s father, Lian Sing Co, mother Emelina L. Co and wife Glenda F. Co said in their complaint affidavit filed yesterday.

This, despite a Department of Justice (DoJ) fact-finding panel’s conclusion that Mr. Co, forest guard Sofronio G. Cortez and guide Julio L. Borromeo were killed by communists.

The petitioners added that the affidavits of soldiers who were in the encounter indicated that most of them did not see communists in the scene.

"Of the eight members of the squad who admittedly opened fire, only two claimed to have personally seen the supposed armed communist terrorists, three in all," the complaint-affidavit stated.
"It is our understanding that these hearsay and unreliable statements about the supposed presence of three armed communist terrorists cannot give credence to the claim that Co, Borromeo and Cortez were killed in the crossfire between government soldiers and communist terrorists," the complaint-affidavit read.

Further, the three also cited autopsy reports which indicated the victims were fired at from the back, as two survivors of the incident have recalled.

Messrs. Co, Cortez and Borromeo were working for Lopez-led Energy Development Corp. (EDC) in Leyte when they were allegedly caught and killed in a crossfire between the Armed Forces of the Philippines and the New People’s Army while inspecting EDC’s property in Kananga, Leyte, on Nov. 15, 2010.

Mr. Co was a consultant of EDC for its reforestation project in Kananga, Leyte, where the company operates power plants.

Mr. Cortez accompanied Mr. Co as EDC’s forest guard, while Mr. Borromeo acted as a guide.
Aside from filing a formal complaint, Evalyn G. Ursua, counsel for the three Cos, has requested Justice Secretary Leila M. de Lima to order the surrender of all firearms used by 38 soldiers involved in the incident for ballistics examination, and the conduct of a second ballistics examination on bullet fragments taken from the victims’ bodies.

Ms. de Lima, who earlier adopted the findings of the fact-finding panel she commissioned, welcomed the filing of charges, which paves the way for a preliminary investigation of the case.

"I will be creating a panel to conduct the preliminary investigation... [which] will be a different panel from the one which submitted its report last week," she said.

However, she said it was still premature to say whether she will reject the recommendations of the panel to charge EDC with reckless imprudence for failing to secure the victims, and to charge the communists supposedly responsible for the attack for murder.

In a statement, EDC corporate communications manager Fernando D. de Rivera denied the allegation.

"EDC continues to be of the firm view that it adhered to its security protocols and coordinated with the military to protect its employees, consultants, and contractors," he said.

Meanwhile, the Commission on Human Rights (CHR) will pursue its public inquiry on the incident in Tacloban City.

Paquito M. Nacino, CHR regional director, said CHR Chairperson Loretta Ann P. Rosales arrived inTacloban yesterday for the two-day public inquiry.

He said findings of the DoJ that cleared soldiers have no bearing on their investigation.

"Our own investigation would not be influenced by the decision made by the three-member panel of the DoJ," Mr. Nacino added.

Among those invited to the inquiry was Lt. Col. Federico J. Tutaan, commanding officer of the 19th IB.

Mr. Tutaan earlier said he was willing to face any investigation including the CHR probe. -- Nathaniel R. Melican and Reyan L. Arinto

Saturday, December 25, 2010

HOW IT HAPPENED

Death of a botanist
Philippine Daily Inquirer
First Posted 18:43:00 12/25/2010

Filed Under: Research, insurgency, Military, Armed conflict

(Editor’s Note: This is a reconstruction of events that led to the killings of University of the Philippines botanist Leonardo Co, forester Sofronio Cortez and farmer Julius Borromeo on November 15 allegedly by troops of the Philippine Army.

Co and four of his companions were conducting research on tree biodiversity in the Manawan-Kananga Watershed in Leyte for the Lopez-owned Energy Development Corp. They were collecting specimen seedlings of endangered trees for replanting.

The reconstruction of events was made by a 33-member fact-finding mission organized by Agham-Advocates of Science and Technology for the People, a group of mostly UP teachers and graduates. The mission gathered testimonies and observations from people involved in the incident.

An Army unit claimed that Co, Cortez and Borromeo were killed in a crossfire with the New People’s Army. But Agham said there was no firefight, basing its conclusion on accounts of survivors.)

DAY OF SHOOTING

NOVEMBER 15

7 a.m.: Sofronio Cortez left his home wearing a long-sleeved shirt and an Energy Development Corp. (EDC) ID. He brought a backpack with him. Julius Borromeo (who was wearing a brown T-shirt and yellow raincoat) and Policarpio Balute, a guide, were fetched by a driver from EDC before breakfast at around 7 a.m. Borromeo brought a sack with him (where food and collected samples are placed). This was his first day for this job order.

Leonard Co and forester Ronino Gibe had breakfast at the canteen of the Leyte Geothermal Plant Facility (LGPF) staff house.

8 a.m.: Co and Gibe were fetched by a brown pick-up service vehicle and brought to the Environmental Management Division (EMD) office where they talked to Leonita P. Sabando. Co notified Sabando of the plan to go to Pad 403. [A pad is a source of steam which a geothermal plant uses for electricity generation.]

Pad 403 is a good forest site for collecting samples, according to the forest guards. Gibe went to the Community Partnership Department (CPD) and asked about ilang-ilang seedlings and informed Ali Sulla about the trip to Pad 403.

8:30 a.m.: Co, Gibe and Cortez visited the nursery at the LGPF from the EMD site. They were joined here by Balute and Borromeo. At around this time, EDC said that it informed the military through various channels about the team going to Pad 403.

9 a.m.: The team left the nursery and went to Pad 403 using the service vehicle.

At about 9:15 a.m.: The team went to Pad 411d from Pad 403 since Co was not sure that this was the site he earlier visited.

At about 9:30 a.m.: Co and his team went back to Pad 403 upon checking the map of Gibe.

At about 9:50 a.m.: The team reached Tree 5-01 (mayapis), recorded its location and marked the tree with orange paint as 5-01. Three meters away was Tree 5-02 (Syzigium spp.) and Balute marked it 5-02. About 59 meters away, the team found Tree 5-03 (tanguile) and walked around it.
At about 11 a.m.: It rained hard and Co decided to stop the survey. They then planned to go back to the nursery. Cortez then texted the driver to fetch the team.

At about 11:15 a.m.: Cortez received an SMS from the driver informing them that he was already at Pad 403. However, the rain abated and Co suggested that they continue to measure and survey the trees.

Balute was the one measuring the diameter of the trees, Gibe was the one recording the data, and Borromeo was in charge of bringing their food and other implements. Cortez and Co were examining the trees and leaves and identifying the species.

At about 11:30 a.m.: The team walked a few meters to Tree No. 4 and was in the process of deciding on its species by looking up at the leaves. The team had just finished recording the statistics of Tree No. 4. Balute noticed that there were fruit seeds on the ground. He also sensed that there were other people in the area but continued with his work.

Minutes before noon: On Gibe’s left was Borromeo. On Gibe’s right was Co then Cortez with Balute at the back of the tree (in reference to Gibe). Gibe had just taken the picture of the tree on his cell camera while Balute was about to scrape the bark of the fourth tree to have it numbered when gunshots were fired from where they were facing. The team was positioned at the front of those who were shooting.

One by one, they dropped to the ground and pleaded for the shooting to stop. Co shouted: “Maawa kayo. Hindi kami kalaban.” Balute yelled “Hindi po kami kalaban. Tama na po.” Gibe seconded these pleas by shouting the same.

But the gunfire did not stop. They were sure that whoever was firing heard them as they also heard one man from the group shooting at them saying: “Dia lang diay mo!” (“Nandito lang pala kayo!”) As Balute described it, there was rapid fire and some big explosions, causing the ground to shake.

At around noon: Balute decided to run away from the place and tried to convince the others to follow him. He was thinking that if he would not run, he would eventually die there. The four were still lying face down on the ground with only tree branches and roots for cover.

Balute was able to run away from the site because he was positioned at the back of a big tree, unlike the others who had nothing for cover.

Co was crying and complaining about his back. Cortez was still able to ask Co about his condition, to which Co replied that he was shot in the back. Gibe crept toward a large tree in front of him and hid behind its buttress. Gibe tried to call for help from his cell phone but was not able to. The gunfire lasted for 15 to 20 minutes.

The military said that a 19th Infantry Battalion unit led by First Lieutenant [Ronald] Odchimar chanced upon a unit of the New People’s Army (NPA) and exchanged fire with it. The “crossfire” lasted for some 10 to 12 minutes. Asked to characterize the exchanges, Lt. Col. Federico Tutaan said M16s were used by the NPA. The firing was continuous for that period. He did not say if there were other firearms used.

12:17 p.m.: Shortly before this, Balute reached Pad 403 where he caught up with the driver and had himself brought to the EDC office of the EMD. EDC received an SMS from Gibe at 12:17 p.m. From Gibe’s affidavit, the SMS was: “2long pinagbabaril po kami near 411d.” This was sent to Ali Sulla of the CPD in the LGPF.

12:30 p.m.: An SMS from Sulla was received on Co’s phone saying “Sir gud am, may encounter daw dyan ali muna kayo.” At around this time, Balute arrived in the EMD office and informed EDC about the shooting. This was EDC’s first confirmation of the incident. EDC then dispatched a vehicle to go to Pad 403.

12:38 p.m.: Another SMS was received on Co’s phone from Sabando, “Sir Lenard, Nino ds s lps. per security advise, pull out fr area immediately.”

The troops advanced closer to Co and the others who were then still lying face down on the ground. They approached the team from both sides. The soldiers were wearing camouflaged uniforms. Some of them approached Gibe who was then behind the buttress of a big tree.

At around this time, the EDC vehicle would have arrived at Pad 403. Gibe decided to break cover and identify himself. A soldier ordered him to come out while pointing a gun at him and saying: “May isa pa palang buhay dito.” Gibe raised his arms while asking for help for his companions. The others were not responding, except for Borromeo who was lying down and moaning.

One soldier said, “Wala na. ’Di na aabot sa ospital kasama mo.” This soldier then asked him about his two other armed companions and asked Gibe to show his weapons. Gibe denied that he or any of his four companions had arms. He said that one was able to escape and he knew that he had no weapons with him.

One soldier said: “P... ina, natalay tayo!” The soldier talking to Gibe ordered him to lie face down and close his eyes. Gibe complied as the soldier said that the former should not look at him and his companions. They saw the GPS unit and cell phone and took these from Gibe. The soldier ordered him to be still and silent while Gibe was continually asking for pity and help for his companions.
The soldiers then asked Gibe to identify himself and his group’s purpose in the area. Gibe answered that they were employees of EDC and he showed them his identification card. “Ako po si Ronino Gibe, taga Los Baños, Laguna, taga-EDC po ako at kasama ko po si Sir Leonard Co, UP professor po siya. Si Kuya Ponyong po EDC employee dito sa Leyte Geothermal.”

The soldier then asked Gibe about his engineer’s notebook, Co’s notes, GPS unit and map. Gibe answered that the team was doing a survey of the location of the trees. The soldier asked him further about the sketch that Co’s team had of the area. Gibe explained that they were marking the areas where they can get seeds, seedlings and wildings, and pointed to the group’s sack with the collected samples.

The soldier asked Gibe about his group’s contact and Gibe replied that he was part of EDC and his contact was Sabando from the EMD and Sulla from the CPD. The soldier stopped his interrogation but Gibe continued to plead. The soldier told him to keep quiet: “Wag kang maingay! Ligtas ka na!”
Minutes before 1 p.m.: Gibe saw Borromeo bleeding and heard him say that he was hit near the heart. Borromeo was asking the soldiers that they go down. Gibe shouted for help but no one from the soldiers answered. Borromeo was still able to ask Gibe about the latter’s condition before the soldiers berated Gibe to stop talking.

1:44 p.m.: At this point, Tutaan received an SMS from his higher ups to do a medivac immediately. Upon his receipt of the ground report, Tutaan said that he had already ordered a medivac.

At about 2 p.m.: For about two hours, Gibe was lying face down. He saw some soldiers meeting at a distance. He was then asked to stand up. A soldier then repeated the earlier questions posed to Gibe on his group’s purpose and coordination. The soldier asked Gibe if he knew of the military’s operation in the area and mentioned that the military had two companions who were killed [“at nalagasan kami ng dalawang kasama”].

Gibe answered in the negative and said that the team was with Cortez who was an EDC employee and that he knew that they had prior coordination with EDC. The soldier asked again about his contact and Gibe repeated that he was part of EDC and his contacts were Sabando and Sulla.

A soldier asked Gibe: “Imposible naman na hindi nyo nakita yung tatlong tao na may mga armas? Thirty minutes na kaming nagoobserba na palakad-lakad sila!”

Gibe said that his group did not see anyone and kept on asking for help for Borromeo.

The military then gave first aid to Borromeo, who heard them call his condition peklat. Gibe asked for his cell phone and this was when he got to talk to Sabando and relay details of the incident.

The soldiers then ordered Gibe to get up and proceed to Pad 403 near the Mahi-aw plant. Borromeo was laid down on a sack and brought down by the soldiers. Gibe was showing the tree markings they made along the way down to Pad 403.

At about 3 p.m.: Gibe saw the vehicles of EDC arrive together with an ambulance at Pad 403. He boarded a service vehicle of EDC and was brought to Osfa Hospital in Ormoc City. He heard that Borromeo died at the pad. The soldiers then brought down the bodies of Co and Cortez to Pad 403. EDC then brought the bodies to V. Rama Funeral Homes.

At about 4 p.m.: Tutaan declared the site a “no-crisis zone” but mopping-up operations by the military continued after that.

4:30 p.m.: The chief of police, a certain Senior Inspector Camacho, learned of the event from the Kananga vice mayor. He confirmed the information from the 19th IB but the police were not allowed access to the site “kasi may hot pursuit operation.”

SOCO VISIT

NOV. 16: The police Soco team was able to do a site visit only at this time. EDC did not join the police team.

NOV. 17: EDC was able to access the site.

Thursday, December 16, 2010

The genius of Leonardo L. Co: The people's scientist and professor

STAR SCIENCE By Perry S. Ong, Ph.D.
The Philippine Star
December 16, 2010 12:00 AM

Since Leonard L. Co died last Nov. 15 as a result of gunshot wounds from a supposed crossfire between the Philippine Army and an unnamed armed group, numerous eulogies, tributes and accolades had been expressed largely by the common people but by scientists as well who are familiar with his work – people whose lives Leonard’s knowledge had touched. He was a world-class plant taxonomist bar none. He was an irreparable loss to the country and to his discipline. Many have mourned and grieved his sudden demise. His death was also equated to the loss of a national treasure. There even have been calls for him to be given a posthumous PhD degree (honoris causa). The two houses of Congress have passed resolutions calling for an impartial investigation on his death and acknowledging the loss to the country his death has caused.

But who is Leonard L. Co? Does he deserve all of these praises? If yes, how come it is emerging only now? And what can the mainstream scientific community do about this? It is easy to be swayed by the outpouring of emotions generated by his untimely death and the sense of loss, so it is best to know the man behind the name before we get carried away.

At the time of his death, he was a museum researcher at the Institute of Biology, College of Science, University of the Philippines Diliman (UPD). He was in Kananga, Leyte as a biodiversity expert sent by the Energy Development Corp., (EDC) for its tree legacy program BINHI looking for mother trees. Two of his team members were also killed.

A quick scan of his brief resumé reveals his publications: 13 peer-reviewed articles of which he was senior author in three; six books of which he was the senior author in four. His first publication was in 1977 (remember, he entered UPD in 1972). His last one was in 2009, less than a year before his death. One of several ongoing writing projects he was doing included “The Enumeration of Philippine Flowering Plants” which he intended as an update on the seminal book on Philippine Plants written by El­mer Merrill who made the initial listing of Philippine Plants when the US Occupation of the country began at the turn of the 20th century. Early estimates indicate that this will take at least five years to complete with a full staff complement working fulltime! He was really a man in a hurry. Friends and colleagues have committed to complete this work, considered as one of Leonard’s unfinished masterpieces.

No one in the mainstream scientific community would have considered Leonard one of them, since he did not get his Bachelor of Science Degree in Botany from the UPD until the summer of 2008. Hence he could not even be hired to teach until then. But this did not stop him from teaching. He always shared whatever he knew. He could be the most temperamental person in the room exploding in anger every now and then when people failed to do what they were supposed to do, but when a student approached him regarding a taxonomic issue, he would be ready to provide the answer and guidance. That explains the outpouring of grief and love from people who had experienced dealing with him. His name will not be seen as the adviser of any PhD or Master of Science degree graduate, yet I personally know of at least two recent PhD graduates that he had mentored (and one more nearing completion) since he could not be appointed a member of graduate committees. He might not have had the formal appointment as a professor but people considered him one because of their recognition of his scholarly outputs.

People would consider him brilliant but they had reservations to consider him as a scientist since he had no degree then, yet this did not stop him from doing research, as his publication outputs attest to. One of the ways we often did to tease him and test him was to ask him a particular taxonomic problem and ask him the reference to this question. He would reply and provide the page number of the reference where the answer could be found. His swordplay with the living greats in plant taxonomy is legendary wherein he was able to argue with these icons and they could only nod in agreement and accept his analysis. I personally saw international delegates bringing him specimens for identification or confirmation. He was highly regarded by the international community. They expressed that Leonard’s death is a great loss to the world of plant taxonomy.

One of Leonard’s frustrations was his awareness of mediocre people who could not hold a candle to his broad encyclopedic knowledge and vast field experience except that these people had a “PhD” after their names and he did not even have a BS degree. Because of this, he would often be bypassed because of his then academic deficiency. Society has not figured out a way to tap geniuses like Leonard.

His last publication in 2006, wherein he was the senior author, was the book “Forest Trees of Palanan, Philippines: A Study in Population Ecology.” This was as part of the book series of the Center for Tropical Forest Science of the Smithsonian Tropical Research Institution (CTFS-STRI). He was very proud of this achievement, as it was the first of its kind in the Philippines; it was the sixth in the book series that CTFS-STRI had put out and it was supported by the academe, government, non-government organization conservation groups and the private sector (see Figure 1).

It is but fitting to end this with Leonard in his own words, with the dedication he wrote in the book he gave me during the launching of his last book:

“Perry,

The legacy that you have bequeathed to CI-P and its partners is never forgotten. It is being continued and raised to a higher level by a new breed of committed young field biologists – many of whom are proud authors of this work.

The birth of this book is thus a fitting celebration of that legacy: the spirit of partnership and collaboration; of mentoring; of passion for excellence and abhorrence of mediocrity; and most especially of dreaming, innovating and fighting tooth and nail for the cause of biodiversity conservation!”

Signed,

Leonard + five other junior co-authors”

Nobody was more qualified to say those words about excellence and mediocrity. He lived those words until he was gunned down doing the work he loved, identifying tree species in the middle of a remnant forest he was trying to restore. How ironic.

* * *

Dr. Perry S. Ong is a professor of Wildlife Biology and the director at the Institute of Biology, University of the Philippines Diliman (IB-UPD). He is into biodiversity conservation research and is currently focusing on DNA-barcoding of Philippine biodiversity as well as the ecology of urban biodiversity. Together with the other staff members of IB-UPD, he is undertaking research on the biodiversity of five geothermal production fields of the Energy Development Corp. (EDC) in Mt. Kanlaon in Negros Occidental, Valencia City in Negros Oriental, Kananga in Leyte, Mt. Apo in Kidapawan City, North Cotabato in Mindanao and Bacon-Manito (BacMan) in Sorgogon. E-mail him at ongperry@yahoo.com.

Friday, December 10, 2010

AFP ready to file raps vs soldiers in botanist's death

By Alexis Romero
The Philippine Star
December 10, 2010 12:00 AM

MANILA, Philippines - The military yesterday expressed readiness to file charges against soldiers who committed errors that led to the death of a top botanist in Leyte last month.

“We are presently investigating the incident with the possibility of filing administrative charges,” Armed Forces of the Philippines (AFP) spokesman Brig. Gen. Jose Mabanta Jr. said in a phone interview.

Mabanta said they are willing to cooperate with groups which will file criminal charges against their troops. He gave assurances that they would not tolerate the misdeeds of soldiers found guilty of misdeeds.

“We believe the most important thing is to know the truth. If they (complainants) have something to say, then they have to present evidence so these will hold water in court,” Mabanta said.

Mabanta was asked to react to the findings of Agham, a team of scientists who claimed that there was no crossfire when botanist Leonardo Co and his two companions were slain in Leyte last Nov. 15.

Co, his local guide Julius Borromeo, and forest guard Sofronio Cortez were killed as they were gathering seedlings in a forest in Kanangga, Leyte.

The military claimed the three were killed in crossfire between soldiers of the Army’s 19th Infantry Battalion and communist rebels.

Some sectors, however, suspect that the three were shot after soldiers mistook them for members of the New People’s Army.

Agham said evidence gathered at the site showed that the gunshots came from one direction and that was from the vantage point of where the government troops were positioned.

“The only consistent explanation for these key observations would be that the military was positioned on top of the ridge and firing toward Leonardo Co and company. There was no indication of any crossfire,” Agham chairman Giovanni Tapang said last Wednesday.

Agham’s conclusions contradicted the initial findings of the Army’s 8th Infantry Division, which said the rebels scampered toward the location of Co and his companions during the clash.

AFP Central Command spokesman Maj. Christopher Tampos said their soldiers are ready to answer all the allegations against them.

“If the soldiers involved in the operation are accountable, then we will abide by the results of the investigation. If it is necessary to file cases against our soldiers, then our troops are ready to answer the charges,” he said.

Tampos claimed they have evidence that would prove that there was firefight when Co and his companions were killed.

Whitewash in The Investigation On The Deaths of Co, Cortez, and Borromeo Feared

Bulatlat.com
Published on December 10, 2010

The physical evidence gathered in the fact finding mission revealed that the trajectories of bullets were coming from and going to only one direction, refuting the military’s claim that there was a supposed gun battle between the military and members of NPA.

KANANGA, Leyte– Leonard Co, Sofronio Cortez and Julio Borromeo were not caught in a gun battle between the New People’s Army (NPA) and the19th Infantry Battalion on that fateful day of Nov. 15. This was the main finding of the independent body that recently conducted a fact finding mission from Nov. 26 to 28 in Kananga, Leyte. The report was presented in a press conference, Dec. 8.

The NPA is the armed wing of the Communist Party of the Philippines (CPP).

The citizens’ based fact finding mission was led by Agham (Science and Technology for the People), an organization of progressive scientists dedicated to making science serve the people, not the party list group. Scientists, environmentalists, colleagues of Co and cause-oriented groups also joined the fact finding mission.

Based on news reports, Lt. Col. Federico Tutaan, commanding officer of the 19th Infantry Battalion (IB) of the Philippine Army, said the Nov. 15 incident was a legitimate military operation and Co’s team was caught in the crossfire. Two survivors, on the other hand, said no exchange of gunfire happened .

The physical evidence gathered in the fact finding mission revealed that the trajectories of bullets were coming from and going to only one direction, refuting the military’s claim that there was a supposed gun battle between the military and members of NPA.

Survivor’s Account

On Nov. 15, Co together with four other companions resumed their work. Based on the account of officials of the Energy Development Corporation (EDC), at about 9:00 a.m., Co decided to go to W403 pad, which is out of the itinerary. (Click here for complete fact finding report). A pad is a forested area inside the EDC complex where research studies are mostly being conducted.

“But this is not out of the ordinary, according to the EDC,” said Dr. Giovanni Tapang, national chairman of Agham and convener of Justice for Leonard Co Movement, who joined the fact finding mission team. The EDC, said Tapang, was informed of Co’s decision.

W403 pad is where the incident happened. The EDC complex is also where the Leyte Geothermal Facility is operating. In a sworn statement by Ronino Gibe, 24, survivor in the shooting incident, at about 9:00 a.m. their team reached W403 pad. Their team was composed of Co, Cortez, Borromeo, Gibe and another survivor Policarpio Balute.

Gibe said it rained while they were conducting their work. They were surveying the forest, measuring the trees and marking them. Gibe said that at about 10 meters from the parking area (called well pad) of W403, they saw a big tree and it became the starting point of the survey. The big tree or Tree No. 1 (Mayapis tree) was marked with 5-01, three meters away they saw Tree No. 2 (Syzigium tree) and marked it with 5-02. About 59 meters from Tree No. 1 is where they saw Tree No. 3 (Tanguile tree).

In Tree No. 3 they saw a fruit called Talisay-gubat but could not find its mother tree. It continued to rain so Co decided to stop the survey. By then, Balute texted the driver, a certain Romy Momo, to fetch them at the W403 pad. But suddenly, the rain stopped and Co decided to continue working together with the rest of the group. A few steps away, they saw Tree No. 4, which they had a hard time identifying.

“Because the whole group was helping to identify the tree, I noticed that we were all looking up Tree No. 4 to see its leaves,” Gibe said in his statement. He said during that time, Borromeo was standing to his left and Co at his right side. Beside Co was Cortez and at the back of the tree was Balute. “After taking a picture of the tree, I put my cellphone back in my jacket. Just before 12:00 noon, we heard a burst of gunfire coming from behind us…we dived to the ground when we heard the gunfire. Then I heard someone shout, ‘We are not enemies, please stop.’ That voice sounded like Carping’s (Balute).”

According to Gibe, the gunfire lasted about 20 minutes. He crawled and hid in the buttress of a tree near Tree No. 4. When the gunfire stopped, he saw men in military uniform with firearms and ammunition approaching their place. After the gunfire stopped, Borromeo was not moving while Co and Cortez were already dead.

Balute was able to run away from the place of the shooting.

Gibe said if he moved, he could have been hit. “I didn’t have the opportunity to run because I felt that the guns were aimed low because there were bullets hitting the tree where I was hiding. I could see the bark of the trees being sliced by bullets.”

When he saw the soldiers approaching, Gibe went out with his hands up and said, “I am here; They are with me, we are not enemies!”

Then the soldiers told him to step out of hiding and put down his firearm. They asked him where his two companions carrying firearms went. He said he had no firearm nor his companions. He pleaded to the soldiers to bring his wounded companions to the hospital, but he was ignored. Then Gibe was told by the soldier to “lie down and look away.”

Borromeo Still Alive After Shooting

Borromeo was still alive after the shooting, according to Gibe. When he pleaded with the soldiers to bring his companions to the hospital, Gibe said, he was told, “No, your companions would no longer make it to the hospital.” Instead of bringing the wounded to the hospital, Gibe was asked questions such as if they really coordinated with the EDC and what they were doing in the area. He noticed that the soldiers seemed to be discussing what to do. The meeting of the soldiers and the occasional questioning lasted for two hours.

The soldiers told him that they have been in the area observing for 30 minutes when they saw three men with firearms walking in the area where Co’s team was working. The soldiers said they were conducting a military operation in the area and that two of their colleagues were killed. Gibe told the soldiers what they were doing in the area and named his contacts in the EDC. The soldiers replied, “Do not make any noise! You are already safe.”

For two hours, Borromeo was left lying on the ground with a gunshot wound near his heart. Gibe said he could still hear Borromeo moaning and moving. It was only by around 2:00 p.m. when the soldiers administered first aid on Borromeo. Gibe was told to get up and proceed to pad W403. At around 3:00 p.m., Gibe heard from the soldiers that Borromeo was already dead. The bodies of Co and Cortez were also brought down to the pad.

“The failure of the military unit involved to provide immediate medical attention and hospital treatment to Borromeo prolonged his agony and ultimately led to his death. The military waited at least one hour after they approached Gibe before bringing down the bodies and the survivor despite repeated requests from Gibe and Borromeo, who was still alive then,” the team said.

Military’s Defense, Incredible
It was a chance encounter, Tutaan told the fact finding team. Tutaan even claimed that an NPA was wounded in the armed clash. He also told the fact finding team that there was an exchange of gunfire and that the NPA fired first.

Tutaan said that at around 12:30 noon, a unit from the 19th IB led by 1Lt. Ronald Odchimar chanced upon the NPA, and an exchange of gunfire ensued. According to Tutaan, the gun battle lasted for some 10 to 12 minutes.

Tutaan said his unit was concealed and was in a better position. He said his unit was fired at and they only fired back. During the gunfight, Tutaan said, the “enemy” retreated with one of them wounded. It was only after the gunfight, Tutaan claimed, that his unit realized that there were civilians in the area. These civilians were the group of Co.

According to the team’s report “Even supposing that it was the NPA who were on the ridge and the military was positioned at a higher vantage point – which was difficult to reach – to the east, there were no indications of any bullet hitting the higher vantage point from the direction of the ridge.”

The fact finding team measured the distance from the tree where Co and his group were working to the vantage position of the military. It is only about 50 to 60 meters. (Refer to video below.) The distance from the military’s position to the parking area of W403 pad is only 200 meters. Thus, the team concluded, it was impossible for the soldiers not to see and hear Co and his companions.

Tutaan told the fact finding team that his unit’s operation was legitimate because it was authorized by the command of the brigade.

But based on the team’s observations during the site visit, the following were concluded: The direction of the bullet marks on the trees originated from a vantage point on the ridge above Co and his team; the direction of fire was concentrated on the area where Leonard and his four other companions were standing; Tree no.4 was hit three times and the large tree where Gibe hid had six bullet marks.

Tutaan said they received an intelligence report on Nov. 12 that there were sightings of members of the NPA in the general area outside the periphery of the EDC complex. On Nov. 14, Tutaan said, he started to send several units of the Army in search of the NPA. Tutaan said their national mandate is to secure the strategic energy industry. Their area of responsibility, said Tutaan, is outside the periphery of the EDC complex. However, the shooting took place inside the EDC complex.

Tutaan said his unit has been closely coordinating with the EDC for quite some time because the area outside the EDC complex, around 10 to 12 kilometers away, is a known “play ground” of the NPA. Tutaan said they follow a “protocol” with the company. However, Tutaan did not elaborate on the supposed protocol. He also said information about their combat operations are regularly shared with the EDC.

However, Manuel Paete, EDC resident manager, said that on Nov. 15 they did not receive any report from the military nor were they informed that there was an operation by the military.

Mayor Elmer Codilla of Kananga, Leyte also said there were reports that NPA guerrillas are roaming within the vicinity of EDC. Cadilla, however, could not answer how they verified such reports.

But Borromeo’s family, who are residents of barangay (village) Tongonan, Ormoc Leyte, said they are not aware of the presence of the NPA in the area.

The EDC complex is 200 hectares, from Kananga it extends up to Ormoc City comprised of three barangays, according to Codilla. The EDC complex as well as the adjacent barangays are mountainous areas.

Estelita Pañga Bayo, 67, godmother of Borromeo, and Borromeo’s wife refuted Tutaan’s statement that the area near the EDC complex is the “playground” of the NPA. “I have lived here for 67 years. There has not been a single encounter between the NPA and military in this area nor does the NPA operate here. Generally our place is peaceful.” She added that a week before Nov. 15, EDC hired at least 30 workers from Basey, Samar to harvest rattan inside the EDC complex.

Co arrived at the EDC complex on Nov. 9 for the “Taxonomic Identification, Collection, Procurement and Management of Seeds, Wildings and Seedlings and Assistance in Establishment of Partnerships and Mother Trees for the Binhi Tree for the Future” program of the EDC. According to Paete and Ernie Calumpit, head security of the EDC, Co had already visited areas in the complex since Nov. 10. From Nov. 10 to 13, Co had visited and worked in various pads.

Whitewash?

Justice for Leonard Co Movement feared a possible whitewash in the investigation on the deaths of Co, Cortez, and Borromeo. Tapang said a team from the Philippine National Police-Scene of the Crime Operatives (PNP-SOCO) was able to visit the site 20 hours after the incident and no one from the EDC joined the SOCO. It was only on Nov. 17 that the EDC was able to access the site.

“What happened during the 20 hours between the incident and the arrival of the SOCO team?” the team asked. “The military was present at the incident site all the time since the shooting until after they brought down the bodies. The police was also not allowed to go to the site immediately since the military said they were conducting hot pursuit operations. This failure to secure the site early by the police and the EDC is glaring and puts the reports of the SOCO and the military into a questionable position.”

Tapang said the EDC staff also failed to explain why no EDC personnel were present during the SOCO investigation.

Recommendations
The team expressed concerns regarding the safety of the survivors and their families. During the wake of Borromeo, the victim’s family was visited by men asking rudely for the whereabouts of another survivor, Balute. There were also motorcycle-riding men who tailed some of the team members who visited the communities where the families of the victims and survivors lived. The team called on groups and institutions to provide sanctuary for the survivors and their families.

The team recommends the following:

Those who are responsible for the deaths of Co and his companions, from all levels of the military, should be investigated and appropriate charges be filed against them.

The 19th IB should release the names of the members of the squad and platoon, including their commanding officers, involved in the shooting of Co and company. The firearms of these officers and enlisted men should be secured and surrendered to the proper authorities;

The liability of the military personnel who failed to give Borromeo immediate medical attention and bring him to a hospital should also be fully investigated and appropriate charges be filed against them;

The EDC should clarify the protocols for their communications and coordination with the military especially since there are still other activities [similar to what Co's team was doing] which the EDC continues to conduct;

The EDC should also clarify the extent of their work area and when they would be responsible for the security of their own personnel.

The EDC, the 19th IB and the PNP should make accessible all documents that would further shed light on the incident. (Bulatlat.com)

Thursday, December 9, 2010

Slain botanist’s friends hint military fire caused his death

Malaya
December 9, 2010

A TEAM of scientists, botanists, and environmentalists have found that botanist Leonard Co, forester Sofronio Cortez, and farmer Julius Borromeo were not killed in crossfire.

Dr. Giovanni Tapang, a member of the fact-finding team and chair of AGHAM Advocates of Science and Technology for the People said the team found out that the gunfire was concentrated in the area where Co and his team were.

"Based on the evidence gathered at the site, the bullets only came from uphill and from only one direction," said Tapang.

"There was no indication of any crossfire… There were no bullet marks toward the ridge where the soldiers were positioned," he added.

The military has said the three were killed in the crossfire between troops and New People’s Army rebels on November 15 in Kananga, Leyte. Co’s group was then gathering specimens in a thickly forested area.

Tapang said the team also believed there were no rebels in the area.

"Granting that the military was shooting to their left side (toward the rebels side), why was the bulk of the bullet marks directed to their right (towards Co and company)? There were only a few trees that had bullet markings on the left side from the vantage position of where the military were positioned," Tapang said.

Co was hit by three bullets in the back. He and his team had spent more than a week exploring the geothermal reservation of the Lopez-owned Energy Development Corp., searching for indigenous tree species for a corporate forest restoration project. Two other employees of the company survived.

Tapang said the fact-finding team also found out that the military failed to provide immediate aid to Borromeo, despite repeated requests from one of the survivors.

"This prolonged the suffering of Borromeo, who later died from his wounds," he said.

Tapang urged the military, particularly the 19th Infantry Battalion, to identify the members of the squad and platoon, including their commanding officers.

The Armed Forces maintained the death of Co and his two companions was a result of a firefight between government forces and NPA rebels.

As a tribute to the efforts and life of Leonard Co, the Philippine Tropical Forest Conservation Foundation has launched a Leonardo Co Forest Research Fund.

A sum of P100,000 every year, for years 2011 to 2016, would be made available to scientists who would want to research on Philippine biodiversity. – Angela Lopez de Leon, Victor Reyes and Raymond Africa