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
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