Botanist's family files murder charges vs Army soldiers

MANILA, Philippines -  The family of noted botanist Leonard Co yesterday filed murder charges against officers and members of the Army’s 19th Infantry Battalion with the Department of Justice (DOJ) for the killing of Co and two guides during crossfire between government and New People’s Army (NPA) forces in Leyte last November.

In a five-page complaint, Co’s wife Glenda and parents Lian Sing and Emelina Co alleged that the Army men premeditatedly shot Co and his guides Sofronio Cortez and Julius Borromeo.

Named respondents in the complaint were 1Lt. Ronald Odchimar, 2Lt. Cameron Perez, Cpl. Marlon Mores, Pfcs. Albert Belonte, Michael Babon, Elemer Forteza, Roger Fabillar, Gil Guimerey, Alex Apostol and WIlliam Bulic, and 28 other 19th IB men who were still unidentified.

This, as Justice Secretary Leila de Lima stood by the report of a DOJ fact-finding panel, which concluded that the military men were not responsible for the deaths of Co and his guides during the crossfire since it said the fatal bullets came from the lines of the NPA rebels.

Co’s family protested the DOJ report and instead filed the criminal complaint for a formal preliminary investigation.

Citing affidavits of survivors Policarpio Balute and Ronino Gibe, they alleged that Army’s gunfire was “specifically directed only at Co, Borromeo, Cortez and their companions.”

“As narrated by both Gibe and Balute, they were gathered around and inspecting a tree when they were suddenly fired at, from the back, completely taking them by surprise,” the complaint stated.

Co’s family said the accounts of both witnesses were consistent with the forensic findings of Dr. Raquel Fortun.

Lawyer Evalyn Ursua, legal counsel of Co’s family, said a scrutiny of the soldiers’ affidavits would show that they did not have personal knowledge of the supposed presence of communist rebels.

De Lima said the complaint just provided an avenue for Co’s family to contest the findings of the DOJ fact-finding panel.

“It is incumbent upon me to support at this point the findings of the panel – unless there’s showing of misappreciation of evidence or erroneous results,” she said.

She said she would also closely monitor the probe being conducted by the Commission on Human Rights (CHR).

She said a preliminary investigation into the murder charges “effectively” has more weight than the DOJ panel’s fact-finding.

“In the preliminary investigation, the evidentiary rules will apply. The ultimate goal is to determine probable cause whether the respondents can be indicted. This is a different proceeding; it’s more formal and it will be done by a different panel,” she said.

De Lima vowed that the DOJ would be impartial in the preliminary investigation.

Col. Domingo Tutaan Jr., chief of the Armed Forces’ Human Rights Office, said soldiers involved in the Leyte clash were ordered to attend the CHR inquiry in Tacloban City starting today.

Lt. Gen. Ralph Villanueva, chief of the Armed Forces’ Central Command, said they are ready to “answer any complaint in the proper venue.”             

In light of the conflicting reports, Cagayan de Oro City Rep. Rufus Rodriguez has called for a congressional probe on the death of Co and his guides.

– With Alexis Romero and Paolo Romero