MANILA, Philippines - The Department of Justice (DOJ) has started its preliminary investigation into the murder charges filed by the family of noted botanist Leonard Co against officers and members of the Army’s 19th Infantry Battalion for the death of Co and two guides during crossfire between government and communist forces in Leyte last November.
In a department order, Justice Secretary Leila de Lima created a panel of three prosecutors to determine if there is probable cause to file the case in court.
The panel – composed of Assistant State Prosecutors George Yarte Jr., Bryan Cacha and Tofel Austria – is tasked to determine if the allegation of Co’s wife Glenda and parents Lian Sing and Emelina Co in their complaint that the Army men premeditatedly shot Co, Sofronio Cortez and Julius Borromeo had basis.
As part of the preliminary investigation, and as requested by the complainants, De Lima directed the panel to require the submission of all firearms used by the respondent soldiers during their Nov. 15, 2010 operation for ballistic examination.
She also required the conduct of a second ballistic test by the Firearms Identification Section of the PNP-Crime Laboratory in Camp Crame on the bullet fragments taken from the victims’ bodies, as well as the firearms used by the 38 soldiers.
“If the evidence adduced during the preliminary investigation warrants, the panel shall file the corresponding information before the appropriate court. This order takes effect immediately and shall remain in force until further orders,” the one-page order stated.
Named respondents in the complaint were 1Lt. Ronald Odchimar, 2Lt. Cameron Perez, Corporal Marlon Mores, Privates 1st Class Albert Belonte, Michael Babon, Elemer Forteza, Roger Fabillar, Gil Guimerey, Alex Apostol, and William Bulic, and 28 other unidentified officers.
De Lima ordered the preliminary investigation even after she stood by the report of a DOJ fact-finding panel, which concluded that the soldiers were not responsible for the death of Co’s group during the crossfire, as the bullets which killed them came from the lines of the communist rebels.