MANILA, Philippines—The Armed Forces of the Philippines has formed a court of inquiry (COI) to find out who among its ranks were culpable in the October 18 clash with Moro rebels in Al Barka, Basilan, a military spokesman said.
In a press briefing held at Camp Aguinaldo, AFP spokesman Colonel Arnulfo Burgos said that chief of staff General Eduardo Oban Jr. had appointed Deputy Inspector General Commodore Crispin Mercado as president and presiding officer of the COI.
The creation of the COI was recommended by the board of inquiry earlier formed to look into the Al Barka incident and determine whether there were lapses in the military’s combat proceedings that resulted in the killing of at least 19 soldiers, Burgos said.
The Al Barka clash with members of the Moro Islamic Liberation Front lasted more than 10 hours. The MILF denied attacking the soldiers, claiming that the military intruded into their area of temporary stay (ATS), a facility that according to the rebels was due to them under the existing peace agreement.
The military earlier admitted that there were lapses in their operations but denied that their men had intruded into MILF territory, claiming that there was no recognized ATS in Al Barka.
Other members of the COI are Lieutenant Colonel Ismael Mandanas, Commodore Floro Canaleja Jr., Captain Hercules Lim, and law member Major Vener Cl Malabanan. The members of the trial counsel who will serve as prosecutors are Lt. Col. Josepha Berbigal, Lt. Col. Liberato Ramos and Captain Eduardo Esquivias.
The recorders or the secretariat in charge of important documents are Major Roseller Muros, Capt. Joven Capitulo, and Maria Clara Pineda.
The COI is tasked with determining who among the military’s ranks were culpable for the Al Barka incidents and recommending the corresponding punishments in accordance with the Articles of War for those found responsible, the military spokesman said.
“The Court of Inquiry also has a trial counsel which will work to make sure the interest of the government is being taken care of. It is similar to a counsel of prosecutors which, if needed, can further dig into the investigation and summon other witnesses to strengthen the case against culpable personalities,” Burgos said.
He added that the COI is similar to a normal court martial except that it can only present to the chief of staff definite and indisputable findings.
“Although it has no extensive authority to recommend punishments, it has the power to recommend to the convening authority to make appropriate actions such as referring the cases into either a court martial or other civilian courts.”
Oban gave the COI three weeks to conduct its investigations. Deadline for submission of report was set for December 5, a week before Oban retires from military service.
Meanwhile, Burgos expressed confidence that the COI will be fair in conducting the investigation. “We are very confident of the composition of the Court of Inquiry. It is well represented,” Burgos told reporters.
He said he believed that Mercado was credible enough to head the COI.