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
Wednesday, January 26, 2011
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
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
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