Court martial an opportunity for 13 soldiers in tribal leader’s slay case to defend selves, says Army

MANILA, Philippines – The court martial set for 13 soldiers accused of killing a B’laan tribe leader will give them the opportunity to defend themselves against the charges against them, an Army spokesman said Thursday.

“The court martial proceeding is beneficial for the soldiers because they will be given the opportunity to defend themselves in a court of law. They will be given counsels who will defend them during the trial,” Army spokesman Major Harold Cabunoc said in a text message.

The charges against the 13 soldiers stemmed from a shooting incident that occurred in Kiblawan town, Davao del Sur, last October 18. The B’laan tribal leader, identified as Daguil Capion, along with his wife and two sons, died in the incident.

The soldiers had claimed that it was Capion who first fired at the soldiers as they approached his hut. But a church-based human rights group claimed there had been no firefight and that the soldiers just opened fire.

Capion, along with other tribal groups, local church leaders, and environmental activists, were reportedly opposed to the $5.9-billion Tampakan copper and gold project in the area.

A military inquiry into the incident found there was negligence on the part of the soldiers because they had not tried to avoid civilian casualties.

Lieutenant Colonel Lyndon Paniza, Army’s 10th Infantry Division (ID) spokesman, had previously told international newswire AFP that “There is a violation of the rules of engagement. You should fire only aimed shots and determine your targets before you fire.”

The soldiers, a lieutenant and 12 enlisted men, have already been relieved since October 19, a day after the incident and are currently held at the headquarters of the 10th ID. They could face life imprisonment if found guilty of the charges, Paniza said.

Cabunoc said that the soldiers remain innocent until after the investigations and court martial proceedings have concluded.

“We call on the public not to prejudge our soldiers because they also have the constitutional right to be presumed innocent unless proven [guilty] by the court through due process of law,” Cabunoc said.