Case vs. Mabinay 6 military denies planting evidences on suspects

Bizman claims ownership of seized expensive gun

CEBU, Philippines — One of the firearms recovered from the Mabinay 6 suspected rebels — arrested after a brief encounter last March 3 — is found to be very expensive, costing about P300,000, and was claimed by a businessman as its owner.

Lieutenant Colonel Darrel Bañez, commander of the 62nd Infantry Battalion, issued this statement in response to allegations that the evidences on the arrested suspects, including their alleged leader UP-Cebu graduate Myles Albasin, were planted by the military.

Bañez said his command is confident that there is probable cause for the crimes committed by the six in violation of Republic Acts 10591 and 9517 for illegal possession of firearms and explosives.

“The enemy is good at twisting facts,” said Bañez, as Albasin insisted that the seized firearms were just planted evidences. He said that the seized M4 Ghostmaster was not in the inventory of the military and later found to be owned and registered in the name of a businessman in Sipalay City, identified as Patricio Tia.

Bañez said Tia disclosed that he bought the M4 Ghostmaster rifle at P300,000 but NPA rebels ransacked his house and took it away in 2007, an incident that he blottered at the police.  That was the reason why the firearm's license was not renewed in 2009.

The battalion commander said the Philippine Army cannot afford to buy a P300,000 firearm just to plant it on Albasin, who is allegedly a political officer of Communist Network 3 of the Komiteng Rehiyon 7.

The incident at Barangay Pansiao in Manjuyod was also well-documented, not just by the police or the military, but by Albasin herself based on documents recovered from her. One of the notebooks found allegedly contained the handwritings of Albasin, recording the incident and the things they purportedly took from the village chief, which included ICOM radios, the .357-caliber revolver and the 12-guage shotgun, Bañez claimed.

The village chief himself allegedly recognized Albasin as one of the three female rebels who searched his house in Pansiao, using the so-called search warrant of the NPA and was among those who went to the Barangay Hall looking for the village chief. The military is now trying to convince the barangay captain to execute an affidavit to support the government in the cases filed against the Mabinay 6, Bañez said.

Meanwhile, the Negros Oriental Provincial Prosecutors Office said it will be resolving the complaints filed against the Mabinay 6 based on evidences submitted by the military and the police.

Assistant Provincial Prosecutor Eugene Samson said the Mabinay 6 respondents, after the 15-day period, have failed to submit their counter-affidavits yesterday during the scheduled preliminary investigation.

Samson said she will resolve the issue based on the results of the clarificatory questions from both parties and on the evidences submitted.

Present in today’s preliminary hearing were the complainant, a police officer, and eight witnesses who are soldiers. The six accused were accompanied by Grace Albasin, mother of Myles, and Fritzie Pamulleno of Karapatan-Visayas. (FREEMAN)