The Department of Justice has been asked to prosecute three ranking Philippine Army officials and three local officials in South Cotabato, in connection with their alleged involvement in the so-called “Lake Sebu massacre.”
Representing the families of the victims, the National Union of People’s Lawyers filed the criminal complaint Thursday against 10th Infantry Division commander Maj. Gen. Noel Clement and his subordinates, 33rd Infantry Battalion commander Lt. Col. Harold Cabunoc and 27th IB commander Lt. Col. Benjamin Leander for having committed seven counts of murder under Article 248 of the Revised Penal Code and two counts of frustrated murder the under the RPC.
The other respondents are local officials of Barangay Ned in Lake Sebu, namely: Barangay Captain Bebot Nobleta, Kagawad Melencio Tungkay, and Indigenous People Mandatory Representative Arturo Labi.
In a letter to Acting Prosecutor General Richard Anthony Fadullon, NUPL through lawyer Katherine Panguban stressed that the families decided to file the complaint in Manila instead of in South Cotabato due to fear for their lives.
“They are currently seeking refuge in Metro Manila following the continued and intensified militarization of their community in South Cotabato as a consequence of the imposition of Mindanao-wide Martial law,” the NUPL lawyer said.
“Fear for their lives and security coupled with high probability of retaliation from the military and police left them with no other choice but to continue their quest for justice in Manila for their loved ones,” she added.
The NUPL accused the respondents of having killed seven Lumads from T’boli-Dulangan Manobo and B’laan indigenous tribes and hurting two others during the incident that took place last Dec. 3 in Lake Sebu.
The group identified those who were killed as Datu Victor Danyan Sr., Victor Danyan Jr., Artemio Danyan, Tho Diamante, Mateng Bontal, Pato Ceralbo, and Samuel Angkoy.
While the other two Lumads who got wounded were identified as Bosing Danyan and Jeffrey Danyan.
In the complaint, the NUPL also sought the prosecution of officials and personnel of the Bagumbayan Police Station in Sultan Kudarat for arbitrary detention under Article 124 of the RPC for the illegal arrest of another Lumad, Jamel Culano, last Dec. 6.
The military claimed that the incident was an encounter between government troops and Danyan’s group who were allegedly members of the New People’s Army, the military wing of the Communist Party of the Philippines.
But the Danyan’s affiliation with the NPA has been denied and that the incident is allegedly related to the dispute over the ancestral land of the Lumads.