Military still considers B’laan anti-mining activist a bandit

Spokesman of the 10th Infantry Division Lieutenant Colonel Lyndon Paniza: Capion is bandit. Photo from https://rudedolfo.blogspot.com

MANILA, Philippines—The Army still considers B’laan anti-mining activist Dagil Capion a bandit leader wanted for a string of crimes even though the military command has put on trial 13 soldiers accused of killing his wife and children two weeks ago in Davao del Sur.

Lieutenant Colonel Lyndon Paniza, spokesman of the 10th Infantry Division in Davao City, told the Inquirer that progressive groups have been insistent in “connecting” Capion to anti-mining protests and have “capitalized” on the deaths of the civilians.

“That’s the problem because police records show that Capion has long been wanted for a string of crimes,” Paniza told the Inquirer by phone.

Capion is wanted for the murder of three people and was a cattle rustler as well, the official said. Anti-mining groups have described Capion as a B’laan tribal leader opposed to large-scale mining in the area.

Asked if the soldiers’ court-martial was a way to appease those lambasting the military for the deaths of Capion’s family members, Paniza said “No.”

“The Army investigated the incident because civilians were killed. We cannot turn a blind eye to it. Our soldiers have to answer why this happened. We would determine the procedure that took place,” Paniza said.

He added that Capion’s wife and children also deserved justice, and should not merely be considered “collateral damage” in what the soldiers claimed to have been a shootout between them and Capion’s companions. “They should not suffer for the notoriety of (Capion),” Paniza said.

Paniza said that police and military investigators have established that there was a legitimate encounter between Capion and the soldiers on October 18 in Kiblawan, Davao del Sur.

Capion escaped but his pregnant wife, Juvy, and their children Pop, 13, and John, 8, were killed. Another child, seven-year-old Becky, was wounded.

The Army called on the public not to prejudge the soldiers who are now facing a court-martial.

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

Cabunoc said that the court-martial was the “best way for the soldiers to defend themselves.”

“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 counsel who will defend them during the trial,” Cabunoc said.

The 13 soldiers to face-court martial are led by company commander Lt. Dante Jimenez. Paniza said the soldiers are now confined to their quarters.

The trial will be held at the 10th ID headquarters but the members of the court-martial will come from the headquarters of the Philippine Army, Paniza said.

The soldiers are charged with violating Articles of War 97 (General Article) and 76 (misbehavior before the enemy). Being an officer, Jimenez also faces violation of Article 96 (conduct unbecoming an officer and a gentleman).