Devanadera asks SC to reverse CA ruling on military camp inspection

October 8, 2009 9:45 am 

MANILA, Oct. 8 – The Office of the Solicitor General (OSG) has asked the Supreme Court (SC) to reverse a decision of the Court of Appeals (CA) that ordered an inspection of a military camp and conduct an investigation on the 2006 disappearance of Aetas Nicolas Sanchez and Heherson Medina.

Justice (DOJ) Acting Secretary and concurrent Solicitor General Agnes Devanadera said that the order of the CA allowing the inspection of Camp Servillano Aquino, North Luzon Command (NOLCOM), Philippine Army, San Miguel, Tarlac and any military camp of the 7th Infantry Division in Aqua Farm, Hacienda Luisita and ordering an investigation of members of the military over the disappearance of the two cannot stand in court.

Devanadera said that Josephine Victoria, the witness of the relatives of Sanchez and Medina, who claimed to have seen the two men inside the military camp lacked credibility.

She said that a certain Rodolfo Supan and Gloria Galang Mansalaysay claimed that Victoria's bad reputation was known in their community and that she also had a penchant for extracting money from the people.

The OSG took note of the inconsistencies of the testimony of Victoria from the layout of the military camp to the retirement age of a NOLCOM official.

"Jurisprudence has it that before a witness' testimony is given credence, the same must not only come from the mouth of a credible witness' testimony is given credence, the same must not only come from the mouth of a credible witness but should by itself be credible, reasonable and in accord with human experience," Devanadera pointed out.

The two were reported missing since Sept. 18, 2006 in Sitio Cabatuan, Barangay Bueno, Capas, Tarlac where, according to relatives, they were forcibly taken out by 30 armed men in camouflage uniforms believed to be soldiers belonging to the 71st Infantry Battalion of the Philippine Army (IB, PA).

The cousins were catching edible frogs for their respective families' meal between 1 and 2 a.m. when the incident happened.

The abductors allegedly took Nicolas and Heherson to a truck, which witnesses identified as the same truck they had seen at the compound of the 71st IB, PA in Hacienda Luisita in Tarlac City. (PNA)

RMA/PTR

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