AFP officer in Abu clash barred from holding any command

MANILA, Philippines - A military officer whose assault on the Abu Sayyaf in Basilan in 2011 caused the death of 19 of his men was barred from holding any command for two years and his promotion frozen. 

A military court imposed the penalty yesterday on Lt. Col. Leo Peña, former commander of the 4th Special Forces Battalion, after finding him guilty of violating Article of War  No. 97, conduct prejudicial to good order and military discipline.

The seven-member military court chaired by Brig. Gen. Teodoro Cirilo Torralba ordered the reduction to 200 from the military’s rank lineal lists of Peña, and reprimanded him for his role in a hit-and-run operation that turned into daylong fighting.

The military court will forward its verdict to Armed Forces chief Gen. Emmanuel Bautista, who can either reverse or reduce the verdict but could not increase the penalties.

Peña’s civilian counsel Elmer Train said: “The military court verdict on Col. Peña is quite harsh because as per promulgation he was found guilty beyond reasonable doubt when in fact there’s no military established rules on the use or deployment of students to combat operations.” 

Military law member Col. Feliciano Loy said Peña’s sentence will take effect  only after a review by Bautista, the convening authority.

Armed Forces spokesman Brig. Gen. Domingo Tutaan, who is also member of the seven-man military panel, said: “We are covered by military rules. (Military trial and sentencing is) different from the civilian court.”  

Peña, along with then Basilan island Army commander Col. Alexander Macario, Special Forces regimental commander Col. Aminkadra Undog, and Special Forces training school superintendent Lt. Col. Orlando Edralin, were charged before the military court for their role in the Oct. 18, 2011 Al Barka, Basilan carnage.

Macario and Edralin were cleared by a military court. Undog was imposed a six-month suspension from holding any military post and his file was ordered reduced to No. 50 in the military lineal lists from being already in the top 10.

Promotions in the military are based on the officers’ lineal list and the reduction of Undog’s military file to No. 50 prevented him from being promoted to the next rank.