Fiscals find grounds to charge ‘Mabinay 6’

CEBU, Philippines — The Negros Oriental Provincial Prosecutor's Office has recommended the filing of criminal cases for illegal possession of firearms and explosives against the "Mabinay 6," the suspected New People's Army (NPA) members captured in an alleged firefight and military operation in Barangay Luyang last March 3.

In a resolution by Assistant Prosecutor Cathy Cardino-Samson dated March 28 and released Friday, the prosecutor's office found probable cause against Myles Albasin, a fresh communication graduate from the University of the Philippines in Cebu, and her colleagues Jomar Indico, Bernard Guillen, Joey Vailoces, Randel Hermino, and Carlo Ybañes.

In the resolution, the police reportedly were able to prove that firearms were recovered from the six and that they had no permit to use the said guns.

The military claimed to have recovered three M16 rifles, two M4 rifles, and an M16A1 rifle from the suspects.

The Initial Firearm's Holder Verification Report dated March 3 from Camp Crame in Quezon City stipulated that the six accused were not licensed or registered firearm holders.

The prosecutor's office also found probable cause on the illegal possession of explosives case filed against them, as four 40mm grenades, three rifle grenades, a rifle high explosive grenade, and a landmine were confiscated in the operation.

Section 3 of Presidential Decree No. 1866 states that the "mere possession of any explosive or incendiary device shall be prima facie evidence that the person had knowledge of the existence and the explosive or incendiary character of the device," the resolution added.

The prosecutor’s office also ruled that the military men’s allegations were done in the performance of their duty and that there was no evidence that the statements were "inspired by an improper or ill motive."

Negros Oriental Police Provincial Director Edwin Portento told reporters at the sidelines of a checkpoint to kick-off the election period in the province that the suspects are set to be tried at a court in Bais City and will be transferred there.

"We do not have the order (to transfer the six) yet. Nagkaroon na ng inquiry ang Provincial Jail (about the matter). If it comes, we will assist the BJMP," Portento said.

Brigadier General Eliezer Losañes, commanding officer of the 303rd Infantry Brigade, has also ordered the Philippine Army to assist the police and the Bureau of Jail Management and Penology to ensure the safe transfer of the six from Dumaguete City to Bais City, allaying fears of a possible ambush by the NPA in an attempt to rescue the suspects.

"Pagtutulungan namin ang ganitong mga bagay," Portento added.

Lieutenant Colonel Darrell Bañez of the 62nd Infantry Battalion, who headed the operation leading to the arrest of the Mabinay 6, said he welcomes the development, vindicating them from accusations of planting firearms and the absence of an encounter that night.

"This is a good sign that the wheels of justice are working. Nakitang may merit talaga yung kaso, contrary sa claim ng kabila," Bañez told The FREEMAN in a phone interview.

He added that he will only let the court decide on the merits of the case, reiterating that they did not plant the long firearms recovered from the suspects.

"Hindi naman ganoon na magpa-plant kami ng ganoong kamamahal na baril," he said.

The FREEMAN tried but failed to get the side of the respondents as of press time. —/GAN (FREEMAN)