2 AFP officers may face court-martial on missing activists

MANILA, Philippines - Two active military officers implicated in the disappearance of three missing activists might be subjected to a military court- martial once the Department of Justice (DOJ) finds probable cause to slap them with criminal charges.

Col. Domingo Tutaan Jr., chief of the Armed Forces Human Rights Office, said Lt. Col. Felipe Anotado and Lt. Francis Mirabelle Samson would be subjected to the military justice system once criminal charges have been filed against them.

“The preliminary investigation is being conducted to determine if there is probable cause. We leave that to DOJ,” Tutaan said.

“Now, if they (DOJ) say there is (probable cause), the case would be docketed as a criminal case and that’s the time we will take necessary actions relative to the military justice system,” he added.

Tutaan said the military would cooperate with authorities investigating the alleged abduction of student activists Karen Empeño and Sherlyn Cadapan and farmer Manuel Merino.

“There is due process. We will cooperate. The point is let the court decide on it because charges have been filed against them,” he said.

Tutaan explained that the military would also conduct an investigation before subjecting officers to court-martial proceedings.

“When there is probable cause or there are findings that the soldiers committed the things accused of them, they are charged with grave violation of the Articles of War,” he said.

Tutaan said the usual charges slapped on officers are conduct unbecoming of an officer and a gentleman and conduct prejudicial to good order.

He said retired soldiers who were implicated in the case could not be charged at the military tribunal.

“Military justice system is only for those who are in the active military service,” Tutaan said.

The Supreme Court has ordered the military to immediately release from detention Cadapan, Empeño and Merino that were reportedly kidnapped in Hagonoy, Bulacan in 2006.

The SC said it appears that six military men, namely Anotado, Samson, retired Maj. Gen. Jovito Palparan, Lt. Col. Rogelio Boac, Arnel Enriquez, and Donald Caigas,

are accountable for their disappearance.

It also ordered the DOJ, the military and the police to investigate and determine the criminal and administrative liabilities of the respondents.

The mothers of Empeño and Cadapan have filed charges of rape, serious physical injuries, arbitrary detention, maltreatment of prisoners against the respondents.

The military has denied that the three missing activists are under their custody.