The Philippine Online Chronicles

A group of scientists have condemned the Department of Justice (DOJ) and Armed Forces of the Philippines, asserting that the deaths of botanist Leonard Co and two others have been "whitewashed."

According to media reports, Co, together with forest guard Sofronio Cortez, and farmer Julius Borromeo were conducting research work for the Energy Development Corporation (EDC) last November 15, 2010 in Upper Mahiao, Lim-ao, Kananga, Leyte when they were allegedly caught in the crossfire between a group of soldiers and New People's Army (NPA) members.

The report of the DOJ fact-finding panel said that the three were killed by bullets from the NPA side, clearing the military of any liability for their deaths.

The panel, convened by Justice Secretary Leila de Lima on November 22, 2010, consists of assistant state prosecutors Diosdado Solidum Jr. and Bryan Jacinto Cacha, and the chief of the National Bureau of Investigation’s (NBI) death investigation division, lawyer Romulo Asis.

“The bullets which may have killed Co and two others were found to have come from the lower area as indicated by their trajectories, indicating that they were not fired from the position of the military,” said the report.

“The ballistics report of the NBI showed that none of the firearms submitted by the Philippine Army matched the bullets recovered from the bodies,” it added.

Instead, the panel pinned liability on the EDC, saying, “The liability comes from the imprudence or negligence they have handled in the security of [EDC’s] personnel in their premises as well as the lack of coordination with the military in terms of activities in the area despite receipt of report that should have put them on alert or heightened security awareness.”

Members of the Advocates of Science and Technology for the People (AGHAM) have spoken out against the report, saying that evidence points to the military being responsible for the deaths.

“The DOJ panel totally ignored the testimony of the witnesses that attest to the culpability of the military on the death of the Kananga 3,” said AGHAM chairperson Giovanni Tapang.

“We also wonder why the DOJ turned a blind eye to the physical evidence that the trees in the killing site show?” he added, referring to reports that the trees bore no signs of a crossfire. According to Bulatlat, the trees were shot only from the side of the military towards where Co and his team was standing.

“[De Lima] should review the results of the DOJ panel and reverse their findings to include the military’s obvious culpability in the deaths of the Kananga 3,” said Tapang. “If not, this whitewash does not bode well to this administration. The impunity that is happening is no different from what was there in previous regimes.”

De Lima is set to review the report, saying, “I cannot touch the findings of fact because I am not a fact-finder…[but] the recommendation is something I can review, something I can act on."

The Commission on Human Rights (CHR) has also announced that it will investigate the incident.