MAWAB,
Compostela Valley Province – An army officer and 12 others
will face general court martial as probe revealed that there was indeed
‘tactical’ lapse into the killing of the wife and two sons of armed bandit
leader Daguil Capeon in Kimlawis, Davao del Sur on October 18.
In a six-page report of the
Philippine Army’s Board of Inquiry, headed by its Division Inspector General Col.
Fidel Francis Pumihic, 1Lt. Dante Jimenez admitted he failed to assess if it
was the criminal group New People’s Army or the group of Capeon sheltering
inside the house.
In his statement, Jimenez
said he, along with Cpl. Godio, Cpl. Namla, and Pfc. Gamayot, were 200 meters
away from the house. He dispatched Sgt. Murillo, along with Pfc. Lopez, Cpl.
Majid, Cpl. Sahali, Cpl. Jadjuli and Cpl. Said, to close in but was fired upon by
shooters from the direction of the house prompting them to also return fire. While
Sgt. Ballenas, Pfc. Tayamora and Pfc. Julian claimed that they did not fire. Accordingly,
there were 43 bullet entry holes on the hut alone but, based on the spot
report, only 19 bullets were expended by the troops. However, the result of the
investigation did not determine as to whose bullets killed the victims.
After
the incident, one Rifle Grenade, two combat packs with personal belongings,
5.56mm empty shells and two m16 rifle magazines long with 20 rounds of 5.56mm
live ammo were recovered in the area believed to be belonging to the group of
Capeon.
“There was a lapse of
judgment on the company commander for he failed to direct his men in accordance
to the Rules of engagement”, 10th Infantry Division Spokesperson Lt.
Col. Lyndon Paniza said affirming the violation committed. However, he robs off
massacre allegations and claimed that it was a legitimate encounter.
In part six, the report
stated that it was a legitimate encounter contrary to claims of groups that
there was none. To recall, in his previous interviews, bandit leader Capeon
said he was alone several meters away from the house and has denied having
fired at pursuing troops which was supported by Marisa Capeon Piang during
interviews. However, it was not clarified how and when the latter saw the
bandit leader in the area.
According to Paniza, based
on the recommendation of the BOI, Jimenez and 12 others will face a general
court martial to be convened by Philippine Army to hear and decide cases for
violations of the Article of War 76 (Misbehaviour before the Enemy) of the ROE
– particularly rules 4 and 5; the Article of War 96 (Conduct Unbecoming an Officer
and Gentleman) and the Article of War 97 (Conduct Prejudicial to Good Order and
Military Discipline).
“Since the operation was
quad-size and was initiated within the company commander’s level, it was the
responsibility of 1Lt. Jimenez to assess the situation and properly brief his
troops about the confronted circumstances”, Paniza said. He also added that the
other 12 enlisted personnel are also facing raps in violating the 76th Article
of War and the 97th Article of War.
“Though we have yet to wait
for the result of the ballistics’ test to know from whose shot really killed Jovy,
and the two children, still, we have to promulgate necessary measures to our
men who made violations (to ROE)”, Paniza said.
He also added that an order
has been issued for the full internalization of every member of the Armed
Forces of the rules of engagement, especially to battalions and units under 10th
ID, through series of simulated activities in every trainings to avoid the same
incident.
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