A military tribunal yesterday convicted an Army general and three other soldiers for violation of the Articles of War over the December 2022 killing of a businesswoman-model in Davao City.
Convicted for violation of Article of War 97 (conduct prejudicial to good order and military discipline) were Brig. Gen. Jesus Durante III and Sgt. Delfin Sialsa, Cpl. Adrian Cachero and Pfc. Rolly Cabal.
The four were found “guilty beyond reasonable doubt” by the Special General Court Martial.
Durante, the erstwhile commander of the 1001st Infantry Brigade, was given the penalty of reprimand.
Sialsa, Cachero and Cabal were ordered dishonorably discharged from the service.
Sialsa and Cachero were also meted out imprisonment of 10 to 12 years while Cabal was sentenced to four to six years of imprisonment.
Durante and his former deputy, Col. Michael Licyayo. were acquitted of charges of violation of Articles of War 96 (conduct unbecoming of an officer and a gentleman) for “lack of evidence.”
Also cleared for violation of Articles of War 97 were M/Sgt Ariel Ballesteros and S/Sgt. Gilbert Gilbert Plaza.
Durante took over as 1001st Brigade commander in August 2021 after serving as commander of the Presidential Security Group during the administration of President Duterte.
Army spokesman Col. Louie Dema-ala said the proceedings underscore the Philippine Army’s “unwavering commitment to upholding the rule of law and ensuring that military justice is applied fairly and without prejudice.”
“The decision of the Court Martial reflects due process and impartiality in accordance with established legal and military protocols,” Dema-ala said.
Dema-ala assured the public and the family of the victim, Yvonette Chua Plaza, “that justice has been pursued with full diligence and integrity.”
He reiterated that the Army organization is committed to “upholding military justice, due process, and the rule of law.”
“This ruling reflects the integrity of the military justice system in ensuring accountability while safeguarding the rights of all personnel to a fair and impartial trial.”
He said the Army continues to be guided by the core values of honor, service and patriotism.
“We continue to hold all members of our organization—regardless of rank—to the highest standards of discipline and ethical conduct,” said Dema-ala.
“As we move forward, and as always, we assure the public that the Philippine Army remains steadfast in its mission to serve with honor, uphold the values of integrity and professionalism, and maintain the trust and confidence of the Filipino people,” said Dema-ala.
Durante, Licyayo, and the rest were initially charged by the PNP with murder. The PNP tagged Durante as the mastermind behind the “crime of passion.”
Dema-ala said Durante may be released as he is no longer facing a case before the civilian court in relation to Plaza’s killing.
“Gen. Durante has no case before the (civilian) court due to lack of evidence. However, the others have. They were issued warrants of arrest. General Durante has none,” said Dema-ala.
