Army officer, others asked to file counter-affidavit

ORMOC CITY — The Office of the Deputy Ombudsman for the Military ordered an officer and his men belonging to the Army’s 802nd Brigade to submit their counter-affidavits in relation to a criminal case filed against them by a resident of Barangay Camp Jorge Downes, this city.

Asked to submit their counter-affidavits within 10 days from the receipt order dated December 10, 2012 were Lt. Col. Edgardo Batenga, T/Sgt. Venancio Tagsip and a certain “Francisco.”

The three are facing charges for violation of Republic Act No. 7279 or the Urban Development and Housing Act of 1992; Section 3 (e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act; Article 282 and 286 of the Revised Penal Code; and Ormoc City Ordinance No. 152.

The case was filed by Nancy Perez which stemmed from the threat and coercion allegedly committed by Lt. Col. Batenga and his men.

In her complaint, Perez alleged that on September 28, 2012 Batenga asked to transfer her house to a hilltop without a water source.

Perez was allegedly accompanied by Tagsip and a soldier named “Francisco” when she was brought to the hilltop.

Perez said she was asked to accept the old and rotten house, but refused because her children were attending school and that water is a necessity.

Because of the incident, a separate complaint was also filed against Lt. Col. Batenga before the Provost Marshal General under Major General Herbert on October 22, 2012.

The charge is in violation of Article 96 for Conduct Unbecoming an Officer and a Gentleman, and Article 97 for Conduct Prejudicial to Good Order and Military discipline.

Separate complaints against Batenga were also filed before the Ombudsman Military and the Provost Marshal General by Barangay Camp Downes Chairman Samuel Baldezanso. Another complaint was also filed by village chiefs Fermin Labra and Juanita Dicdican before the City Prosecution Office and the Provost Marshal General. Both cases are waiting disposition.

As of this posting, Batenga has yet to issue his statement on the issue. (Leyte Samar Daily Express)