3 soldiers face court martial for 'rape' of Lumad minor

MANILA, Philippines — The three soldiers accused of sexually abusing a Lumad minor in Davao del Norte are now facing court martial while their company commander may be slapped with administrative sanction. 

The Army, however, cleared soldiers in the killing of three Lumads in Surigao del Sur and attributed the incident to "tribal conflict." 

Army spokesman Col. Benjamin Hao said the recommendation was based on the findings of an investigating team formed by the 10th Infantry Division. 

The investigators relied on the information given by Municipal Social Welfare and Development Officer of Talaingod, Davao del Norte and the affidavits submitted by the three soldiers since the alleged victim did not file a complaint. 

"The result of the submitted report by the 10th Infantry Division based in Mawab, Davao del Norte recommended to charge individually the three soldiers involved in the case in a general court martial for violation of the Article of War (AW) 97 or conduct of a nature that brings discredit upon the military service," Hao said. 

The Army withheld the names of the three soldiers citing due process, even as it usually releases names of suspected rebels even if they are still on trial. 

Hao said the three soldiers have denied the allegations against them.

"But the other details of the case gave the Army’s investigating body a prima facie case against the three soldiers for violation of AW 9," he said. 

The company commander of the three soldiers was also recommended for administrative sanction for alleged violation of the policy of "commander's responsibility."

Tribal conflict?

However, the Army team that probed the killing of three Lumads in Lianga, Surigao del Sur absolved military personnel and blamed tribal conflict for the deaths. 

The report was based on the findings of the 4th Infantry Division based in Cagayan de Oro City. 

"The Army Board of Inquiry tasked to review the killings of three civilians and burning of a cooperative store in Sitio Han-ayan, Barangay Diatagon, Lianga, Surigao del Sur on Sept. 1, 2015 led to the conclusion that the incident in Sitio Han-ayan was a tribal conflict within the context of insurgency," Hao said. 

"One tribal group affiliated with the New People’s Army (NPA) while the other is an anti-NPA tribal group," he added. 

Maj. Gen. Oscar Lactao, the 4th Infantry Division commander, said that the Board of Inquiry did "not find any direct or indirect link that would connect the involvement of the military to the killings which were all attributed to the Magahat Bagani force." 

"Magahat force has been known as anti-communist and as such, it is perceived to be closely associated with the government or military," Lactao said.

"I would like to emphasize that it is the policy of this Command not to condone any illegal armed groups," he added 

Lactao has directed Col. Isidro Purisima, the 402nd Infantry Brigade chief, to conduct a law enforcement operation to capture the suspects identified as Loloy Tejero, Bobby Tejero and Gareto Layno. 

"The Army is also looking into the possible lapses of some of its operating troops who could have made actions that could lead to the immediate capture of the perpetrators," Hao said.

The victims, identified as Emerito Samarca, executive director of Alternative Learning Center for Agricultural and Livelihood Development and indigenous people's leaders Dionel Campos and Bello Sinzo were killed by armed men on September 1 in Barangay Diatagon in Lianga town. 

Activists said the perpetrators belong to a military-backed group called Magahat-Bagani Force. Security officials have denied the existence of such paramilitary unit.