MANILA, Philippines - Military enlisted personnel who were implicated in the Atimonan rubout would not be discharged from the service without a thorough investigation, the Army said Thursday.
Army chief Lt. Gen. Noel Coballes said the military personnel tagged in the rubout may remain in the service pending a final court decision since they were just doing their duty.
“They (enlisted personnel) (were on duty) . That alone would be enough justification not to outrightly discharge them from the service without thorough investigation,†Coballes said in a statement.
“The filing of the case with the court is on the basis of probable cause, not even sufficient evidence so we can hold in abeyance their separation from the service while awaiting the final result of the case before the civil court,†he added.
Enlisted personnel are soldiers with the ranks of First Chief Master Sergeant and below. Soldiers with the rank of second lieutenant and above are officers.
Under military rules, officers implicated in incidents like a rubout will have to face trial before the court martial. Enlisted personnel, however, may be discharged without a need of a trial as provided by a circular issued in 1987.
“In the interest of transparency, we are willing to present them to court in hope that our soldiers can justify the actions they did in Atimonan,†Coballes said.
On Wednesday, Malacañang announced that President Aquino had adopted the report of the National Bureau of Investigation, which concluded that the Atimonan incident was a rubout and not a shootout as claimed by the police.
The incident, which has been linked to a jueteng (illegal numbers game) turf war left 13 persons killed last Jan. 6.
The president has ordered the Justice department to file multiple murder raps against Calabarzon police director Chief Superintendent James Melad, Superintendent Hansel Marantan, and 34 other policemen and soldiers for “summarily executing†the 13 men.
Police officials previously reported that the 13 men were members of a criminal syndicate who clashed with security forces manning a checkpoint.
Aquino, however, ordered a probe of the incident after media reports linked the incident to jueteng.
Three officers and 11 enlisted personnel were also implicated in the rubout namely Lt. Col. Monico Abang, Capt. Erwin Macalinao, 1Lt. Rico Tagure, T/Sgt. Melanio Balauitan, Cpl. Clark Magusara, Pfcs. Michael Franco, Kirby Tam Coronel, Alvin Roque Pabon, Ricky Jay Borja, Melvin Lumalang, Gil Gallego, Pvts. Marc Zaldy Docdoc, Emergin Barrete and Michard Manago.
Others who are facing criminal charges are Senior Inspector John Paolo Carracedo, Senior Police Officer 1 Arturo Sarmiento, Superintendent Ramon Balauag, Senior Inspector Timoteo Orig, Senior Police Officer 3 Joselito de Guzman, Senior Police Officer 1 Carlo Cataquiz, Police Officers 3 (PO3) Eduardo Oronan and Benedict Dimayuga, PO2 Nelson Indal and Al Bhazar Jailani, PO1 Wryan Sardea, Rodel Talento, Grant Gollod, Ronnie Serdena, Esperidion Corpuz Jr., Bernie de Leon, Allen Ayubo and Inspectors Ferdinand Aguilar and Evaristo San Juan.
Armed Forces chief Gen. Emmanuel Bautista, who earlier said the soldiers who joined the checkpoint operation acted on good faith, has ordered a probe on the liabilities of the respondents.
“The chief of staff has issued a directive to the army for the immediate investigation of the 14 personnel implicated in the Atimonan incident,†military spokesman Col. Arnulfo Burgos Jr. said.
Army spokesman Lt. Col. Randolph Cabangbang said the investigation would focus on whether some standard operating procedures (SOPs) were violated.
“If there is sufficient evidence, this can be elevated to the court martial,†he said.
Cabangbang said the 14 soldiers are now restricted to Fort Bonifacio in Taguig to ensure that they would attend court hearings.