Around a week ago, the Commission on Human Rights (CHR) released their findings on the case of Leonard Co, Sofronio Cortez, and Julius Borromeo a year and a half after it held its last hearings on the killing of the three in Kananga, Leyte last November 15, 2010.

The commission recommended charges be filed against Lt. Col. Federico Tutaan of the 19th Infantry Battalion, 1st Lieutenant Ronald Odchimar and Private First Class Alberto Belmonte, William Bulic, Elmer Forteza, Alex Apostol, Roger Fabillar, Michael Babon and Gil Gimerey, and Corporal Marlon Mores.

The commission said that the killings of Co and his companions was a violation of international humanitarian law due to the military’s failure to distinguish civilians from combatants. The military alleged at the time that they had an encounter with members of the communist New People’s Army at the site where the botanist and his two assistants were working on a reforestation project. The findings of the CHR refuted this claim based on the testimony of the survivors, the fact that “the soldiers were not stationary during the entire firefight,” and the forensic evidence that showed “the victims came under heavy fire”.

The report also noted that the soldiers failed to ascertain their exact location and “upon seeing the group of Dr. Co, mistook them as the rebels/armed men they were allegedly pursuing.” The soldiers, according to the report, got lost “mistakenly thinking they were in the area of Carigara already, where the NPA presence was reported.” The report was clear in saying that the soldiers of the 19th Infantry Battalion failed “to ascertain their exact location and their failure to distinguish combatants from non-combatants fall short of the requirements of IHL, and of soldier’s rules of engagement.” This failure is a violation of RA 9851 (An Act Defining and Penalizing Crimes against International Humanitarian Law, Genocide and Other Crimes Against Humanity) and the agreements that the Philippine government entered into such as the CAHRIHL or the Comprehensive Agreement on Human Rights and International Humanitarian Law with the National Democratic Front of the Philippines (NDFP).

The report also highlighted the failure of the soldiers to immediately provide prompt medical attention to Julio Borromeo. He was shot in the chest with a would that “was not fatal and had prompt medical attention been given, Borromeo would have survived the single gunshot wound he sustained.” The interrogation of the survivors, which at this time included the wounded Borromeo, lasted for two hours. The report castigated Lt. Odchimar on miserably failing to “provide prompt medical attention to the wounded” under Article 7 of the Additional Protocol II of the Geneva Conventions.

The report pointed out that the 19th IB soldiers did not submit all the firearms involved in the November 15, 2010 incident. There were still 11 unidentified firearms that discharged fired case cartridges in the area. They only initially turned over nine firearms but later on submitted thirty six (36) firearms. The report noted that Lt. Col. Federico Tutaan “was clearly and deliberately witholding evidence and misleading the Commission.” As such, he is clearly accountable in this regard and as commander of the 19th IB, under the principle of command responsibility, for what happened during the incident. Lt. Odchimar is also accountable for failing to provide immediate medical assistance to Julio Borromeo.

It was clear in the findings of the Commission that “the Charlie Company of the 19th IB committed human rights violations and violations of the International Humanitarian Law in the unlawful killing of Dr. Leonard Co, Sofronio Cortez and Julio Borromeo on 15 November 2010 in the forested area of Sitio Mahiao, Kananga, Leyte. The report also noted that the Energy Dvelopment Corporation needs to review its internal procedures in handling incidents similar to this.

The report reiterated what we have all been asking for: that criminal and administrative charges be filed against soldiers of the 19th Infantry Batallion for the “deliberate wrongful killing” of Leonard Co and his companions. It also added violations of RA 9851 against the superior officers of the19th IB and an obstruction of justice case against battalion commander Lt. Col. Tutaan as charges to be filed.

After the report of the Commission on Human Rights on the Kananga massacre, the Aquino government has no more reason to dilly-dally in resolving the murder case filed at the Department of Justice by the family of Leonard Co. Two years, one month and five days as of printing date of this column is too long without justice for the deprivation of life of the three individuals. The ball is now at the hands of the president to realize justice or to prolong this injustice to Leonard and his companion.

Dr. Tapang is the chairperson of AGHAM-Advocates of Science and Technology for the People.