2 PCG men in Balintang shooting ordered arrested

MANILA, Philippines - Two of eight Coast Guard men charged with the killing of a Taiwanese fisherman off Balintang Channel in May last year have been ordered arrested.

Judge Domingo Quilang of Cagayan Municipal Trial Court Branch 11 ordered the arrest of Commanding Officer Arnold Enriquez de la Cruz and Seaman 1st Class Mhelvin Bendo II for obstruction of justice.

The two are based in Camilo Osias Naval Base in San Vicente in Sta. Ana, Cagayan.

De la Cruz’s and Bendo’s  lawyer Rod Moreno said his clients will avail of all legal remedies to ensure that their rights are protected.

“Just like any other accused in a criminal case, our clients have remedies under law for these kinds of situations,” he said.

“We will exercise these remedies to protect their rights, with the end goal of establishing the innocence of our clients.”

Moreno said he and the other lawyers are still evaluating whether they will apply for bail for their clients.

“The bottom line is we will face all these charges, as we have from the beginning, this time in a court of law where the need to appease Taiwan is no longer present and the only thing that matters is evidence,” he said.

Assistant State Prosecutor Juan Pedro Navera said the court allowed the two to each post a P12,000 bail.

Moreno is one of the four private pro bono lawyers representing the Coast Guard men.

The others are Paul Jomar Alcudia, Wilfredo Garrido and Amelito Velasco.

De la Cruz and Bendo were charged with obstruction of justice for allegedly falsifying two monthly gunnery reports that the Coast Guard submitted to the National Bureau of Investigation in the probe on the death of suspected poacher Hung Shih-cheng.

The Department of Justice found conflicting information in the two reports bearing the same date as to the number of ammunition a patrol boat belonging to the Bureau of Fisheries and Aquatic Resources had expended on May 9, 2013.

The first report said that only 36 rounds of ammunition were fired at the Taiwanese fishing boat Guang Da Xing No. 28 resulting in the death of the Taiwanese fisherman.

De la Cruz and Bendo submitted a second gunnery report on May 27, 2013 but dated May 11, 2013 and summed up a total of 108 rounds expended.

A separate homicide case was filed against De la Cruz and Bendo and six other Coast Guard officers.

Charged with homicide with De la Cruz and Bendo before the Batanes Regional Trial Court were Seamen 1st Class (SN1) Edrando Aguila, Andy Golfo, Sunny Masangcay and Henry Solomon; SN2 Nicky Aurello and Petty Officer 2 Richard Fernandez Corpuz.

No arrest warrant has been issued yet on this case. –  Edu Punay, Evelyn Macairan, Raymund Catindig