Army chief recommends court martial proceedings against soldier who accidentally shot dead the soldier who neutralized No. 2 ASG man

By Ronron
July 19, 2007

The chief of the Philippine Army has ordered court martial proceedings against a soldier who accidentally shot dead in a military exercise his colleague who is being credited for the neutralization of the number two man of the Abu Sayyaf Group (ASG).

Lt. Gen. Romeo Tolentino said Thursday that he reversed a recommendation of the Army Inspector General that suspect Corporal Edgar Caban be charged with murder before a civilian court for the death of Staff Sergeant Raul Suacillo last July 3.

The two were participants of an ambush and counter-ambush training exercises in Fort Magsaysay in Nueva Ecija when Caban accidentally used a live M16 ammunition instead of a blank bullet in striking at Suacillo.

Suacillo, a member of the Army’s Special Forces Regiment, shot dead ASG second-ranking leader Jainal Antel Sali, popularly known with his “Abu Solaiman” alias, during an encounter last January 16 at Mt. Dajo, Talipao, Sulu.

Solaiman carried a $5 million bounty due to his notoriety.

“He is a big loss to the organization. But sometimes, mistakes happen. So we correct it within our system,” Tolentino said of the 34-year-old Suacillo.

“I want Caban to go through court martial proceedings,” he continued. “The findings (of the Army Inspector General) is to charge him before civilian courts but I said, it is a crime between soldiers so it should be tried before our court martial.”

Tolentino said Caban will be charged with homicide through reckless imprudence, a case that may fall under Articles of War 97 or conduct prejudicial to good order and military discipline, according to Maj. Emilio Felicen, spokesman of the Armed Forces Judge Advocate General’s Office (JAGO).

The Army chief said a pre-trial investigation will be conducted by the JAGO of the Philippine Army, and then the court martial proceedings can begin.

Tolentino said if found guilty by the court martial, Caban may be incarcerated and then dismissed from the service.

He disclosed that he already imposed penalties against five other officers involved in the training exercise due to negligence, one of which is demotion in rank.

Told that subjecting Caban to court martial proceedings is too harsh a punishment for an accident, Tolentino responded: “It’s not harsh to be tried in court. What is harsh is he killed the person.”

Caban has been jailed at the Military Police stockade at Fort Magsaysay since the time of the incident./DMS