ARMY chief Lt. Gen. Romeo Brawner Jr. has ordered the creation of a General Court Martial (GCM) likely to try Brig. Gen. Jesus Durante, Col. Michael Licyayo and at least five soldiers over the murder of a businesswoman-model in Davao City.
Brawner said he issued the order last Saturday so the GCM would be in place in the event military investigators would recommend a military trial against the accused.
Durante and Licyayo have been relieved of their posts as commander and deputy commander, respectively, of the 1001st Brigade in Davao De Oro after the PNP filed murder charges against them last Wednesday.
Also charged with murder were 1001st Brigade soldiers Staff Sergeant Gilbert Plaza, Sergeant Delfin Llaranas Sialsa Jr; Corporal Adrian Cachero; Privates First Class Rolly Cabal and Romar Longakit, helper Noel Japitan, and a certain Jr.
An additional case of obstruction of justice was filed against Durante, Licyayo and Plazas and theft against Sialsa and Cachero. One alias “Master Sergeant,” described as an escort of Durante, was also charged with obstruction of justice.
The cases stemmed from the killing of Yvonette Chua Plaza in front of her rented house last December 30. Durante has been tagged as the mastermind behind Plaza’s murder, which the police said was a “crime of passion.” Police said Durante and Plaza were involved in a “relationship.”
Brawner said a Board of Inquiry (BOI) from the 10th Infantry Division recommended the trial of Durante, Licyayo and the other soldiers before a military tribunal.
The possible military trial will deal with the administrative aspect of the case and will be conducted parallel to the trial that will be conducted by a civilian court.
Brawner said he endorsed the BOI recommendation to the Army’s Judge Advocate General and Provost Marshal General for the conduct of a pre-trial investigation.
“At my level, I need it (BOI recommendation) to be studied by the JAGO (Judge Advocate General’s Office), and Provost Marshal…I gave it to my staff to have it studied and wait for their recommendation,” said Brawner.
Army spokesman Col. Xerxes Trinidad said the GCM, if the military trial proceeds, may be conducted at the 10th Infantry Division in Davao de Oro which has jurisdiction over the 101st Brigade.
Trinidad said the tribunal may be headed by the commander of the 10th Infantry Division, Maj. Gen. Jose Eriel Niembra.
Niembra and Durante served as commander of the Presidential Security Group during the time of President Rodrigo Duterte.
“The General Court Martial is being formed but the charges are still being determined (by JAGO and Provost Marshal),” said Trinidad.
Trinidad said Durante and Licyayo may face charges for violation of Article of War (AW) 96 or conduct unbecoming of an officer and a gentleman while the enlisted personnel may face violation of AW 97 or conduct prejudicial to good order and military discipline, which are punishable by discharge from the service.
“There might be other charges under the Articles of War that can be filed against them,” said Trinidad.
Brawner said he expects the recommendation of the Army’s Judge Advocate General and Provost Marshal General to be submitted to him within the week.
Pending the recommendation, Brawner said: “We have already issued orders for the composition of the GCM…We’re in the process of finding members who will constitute the GCM,” said Brawner.
Brawner said the Army is preparing in the event the pre-trial investigation will lead to the trial of Durante and his companions before a military court.
“But I already gave orders to find members of the General Court Martial but there are still no charges (filed yet before the GCM). I already gave the order to start looking for members, who will constitute the GCM,” Brawner added.
“Again, we want to reiterate that the AFP, particularly the Army, will not condone this particular act and we will coordinate with the PNP until this is over,” said Trinidad.
