Five days after the 8-year old girl was retrieved by human rights workers from the “custody” of a member of the Civilian Volunteer Organization (formerly the CAFGU) in Tuburan, mid-north of Cebu province, the 78th IB of the Philippine Army cried foul over the accusation that they abducted the child last October 16, 2007.

BY KAREN PAPELLERO
HUMAN RIGHTS WATCH
Bulatlat
Vol. VII, No. 41, November 18-24, 2007

Cebu City – Five days after the 8-year old girl was retrieved by human rights workers from the “custody” of a member of the Civilian Volunteer Organization (formerly the CAFGU) in Tuburan, mid-north of Cebu province, the 78th IB of the Philippine Army cried foul over the accusation that they abducted the child last October 16, 2007.

In a press conference November 5, 78th IB commander Raymundo Bañares said that they have witnesses to prove that the child was voluntarily brought to their detachment in Barangay Gaang in Tuburan town. The military presented some local officials of Tuburan and teachers from the Mag-Alwa Elementary School who attested to their statement.

The military also presented Rogelio Barcenal who said he was an NPA recruit and that “Nena” was left under his care by Lyndon Botilla, who is a squad leader of the NPA Front 2 committee based in the mid north area, and his wife Emiliana, last October 5. He said he was also told by the Botilla couple to just let the child continue with her studies at the Mag–Alwa Elementary school. Rogelio also said, in the press conference, that it was Lyndon who recruited him to join the communist movement last January.

Barcenal said he accepted the child because he thought Botilla would be back after a few days. When Botilla never came back, Barcenal said, he and his wife decided to turn the girl over to the Municipal Social Welfare Development Office (MSWD).

However, prior to the press conference, in a signed statement he issued to a fact-finding team headed by May Macapobre and the Kilusang Magbubukid ng Pilipinas (KMP or Peasant Movement of the Philippines) last October 23-26, 2007, Rogelio Barcenal stated that he and his wife were coerced and intimidated to sign a statement turning over Nena to Myrna Romero, a member of the paramilitary group Civilian Volunteer Organization.

This was also confirmed by Nena’s own signed account of her ordeal after she was rescued.

Also in the same conference, Glenn Barcenal, Rogelio’s nephew, claimed that he feared that something might happen to their family since the child is a daughter of a suspected rebel so he brought the child to the army detachment in Barangay Gaang last October 16.

Lt. Lawrence Siabol, Platoon leader of the 78th IB detachment in Barangay Gaang, said they took custody of the child for one night, gave her food and let her sleep in an adjacent day-care center. The following morning at about 7 a.m., Lt. Siabol said, the child was brought to the Municipal Social Welfare Department in Tuburan. 78th IB commander Raymundo Bañares said that they have witnesses to prove that the child was voluntarily brought to their detachment in barangay Gaang in Tuburan town.

Yet, in Nena’s personal account, she stated that a certain Tiyo Len was commanded by the Army to fetch her from her school in Mag-alwa after the soldiers came looking for her that morning and interrogated her about her parents.

Tiyo Len was actually Glenn Barcenal who also claimed in his statement executed before the Nov. 5 press conference, that they were “visited” by 78th IB soldiers, a certain Yambot and Labores in the morning of October 16. The soldiers told him to guide them to Botilla’s house and asked him about the whereabouts of the couple.

“Let the facts speak for themselves”

Atty.Alfonso Cinco IV, Vice president for the Visayas of the National Union of Peoples’ Lawyers (NUPL), said in a statement that the members of the 78th IB in Barangay Gaang were not only lying through their teeth, they also undermined the kidnap victim’s story.

“They claimed that the child was not at all kidnapped and that the KMP was only blowing things out of proportion. But since when has the 78th IB, in a magnanimous fit of concern over a child abandoned by its alleged rebel parents, taken over the role of the DSWD? This argument is not only funny, in that it reveals how ignorant our own Armed Forces are in the laws pertaining to children.” Atty. Cinco added.

According to Atty. Cinco, the questionable action of the 78th IB also reveals how little the State could do to protect its littlest citizens.

Republic Act 7610 or the Anti-Child Abuse Law reveals that children are “peace zones” and that they shall not be the object of attack and shall be entitled to special respect.

“By taking “Nena” into their custody, the AFP was actually holding the child hostage until such time that her parents would come out in the open and claim her. This is alarmingly dangerous since the military could do this anytime, anywhere to children of suspected enemies of the state, especially under the Oplan Bantay II and the Human Security Act,” expressed Atty. Cinco.

“It is but our consolation that “Nena” in all her eight years of innocent existence have provided us with valuable information that no matter how good the 78th IB may be at diverting the issue and covering its own dirt, the facts are just too pure to be tampered with.”

The human rights alliance KARAPATAN and the NUPL will file a case in the coming days against the 78th IB. They would file a writ of Amparo for Nena.

They will also lodge a formal complaint to the United Nations High Commission on Human Rights (UNHCHR). (Bulatlat.com)

 Save as PDF