5 soldiers sued for P.5M in damages

CEBU - A half-million damage suit has been filed by a human rights activist against soldiers of the 78th Infantry Battalion before the Regional Trial Court yesterday.

Named respondents of the case were first lieutenants Jaicris Jan Mendoza and Geomar Pipit and Sergeants Edwin Dulana, Robert Villaver and Alfredo Pakiding, all from the 78th IB based in barangay Nangka, Balamban town.

Karaptan Central Visayas public information officer Vimarie Arcilla filed the said complaint as a protest over what she claimed as trumped-up complaints filed by the AFP-Central command against her.

In April 19, 2006, the 78th IB filed charges of multiple murder against Arcilla after she led an investigation into atrocities allegedly committed by the battalion against residents of Tabuelan town.

In the murder complaint, Mendoza, Pipit, Dulana, Villaver and Pakiding said in their affidavit that they were tasked to oversee the insurgency problem and Arcilla’s name was listed as among the members of a rebel front.

Arcilla said that it was clear in the joint affidavits of the five soldiers that they had no knowledge of whether or not she committed murder in the early morning of March 19, 2006. Arcilla said that the basis of the soldiers in filing the case is the second-hand information taken from the AFP’s order of battle which is insufficient to establish probable cause against her.

The charges were dismissed by the Regional Trial Court Branch 29 in Toledo City for lack of probable cause.

Because of the “sleepless nights, anxiety and wounded feelings” that Arcilla attained, she asked for P300,000 damages and P100,000 in exemplary damages including the P100,000 in attorney’s fees.

Central Command spokesman Maj. Christopher Tampos said in an interview that they are happy with the filing of the case because they are given the chance to clear themselves in court.

Nevertheless, Tampos called on Karaptan to change their style of harassing the AFP through filing charges.

“We are 100 percent sure that the case will not prosper. We have numerous cases already and it did not prosper,” Tampos said. — Jasmin R. Uy/BRP   (THE FREEMAN)