Initial report re: February 4, 2008 incident in barangay Ipil, Maimbung, ` Sulu

That at about 2:30 in the morning of February 4, 2008, an alleged encountered occurred in Barangay Ipil. Maimbung, Sulu resulting to the death of eight (8) civilians, two (2) military personnel and the wounding of five (5) others.

Initial interview with Maj. Gen Rafael, the highest ranking military personnel in the Province of Sulu, the latter confirmed that military indeed entered Barangay Ipil, Maimbung, Sulu to allegedly determined the alleged presence of the abductors of Rosalie Lao who was allegedly abducted sometime on January, 2008. In the process however, they were allegedly met with gun fires resulting to the death of two military personnel and the wounding of five others.

The undersigned proceeded to Barangay Kandang, Maimbung, Sulu, where some of the victim’s relatives, who are possible witnesses, allegedly sought refuge.

ROWINA S. WAHID, declared under oath, that on February 1, 2008, she and her husband, CPL. IBNON J. WAHID, a bonafide member of the Philippine Army (integree) assigned in Lanao, and who at that time was on R and R, went to Barangay Ipil, Maimbung, Sulu purposely to visit her mother. While their, they decided to stay longer.

At about 2:30 in the morning of February 4, 2008, while they were sleeping, they were awakened by rapid burst of gun fires coming from the left side of their house. They then immediately covered for safety but minutes later, a group or armed men, apparently, soldiers coming from the Special Forces (Airborne) and hog tied them. Immediately, the soldiers maltreated her husband. The latter then identified himself as a member of the military but the soldiers shot him causing his instantaneous death.

Thereafter, she was brought to a nearby navy boat and was brought to Jolo, Sulu, specifically to the 104 th Brigade. While inside the navy boat, she noticed some goats and other livestock, generators, one of which is owned by her and other personal belongings being loaded to the naval boat.

While at the brigade, she was detained inside the barracks and was released at about 5:30 in the afternoon of the same date. She also declared that during the incident, the soldiers took her husband’s .45 caliber pistol.

Spouses RUDY FAILAN and SAIDA FAILAN, both Agar farmers by occupation and residents of Barangay Kandang, Maimbung, averred that they used to go to Barangay Ipil, same municipality as their farm is located thereat. They used to stay in the house of their aunt, Myrna Lahim. They declared that at about 2:30 in the morning of February 4, 2008, they were awakened by the rapid burst of gunfire. They then went down their house and boarded on a motorized pump boat. When the firing ceases, they then drove their pump boat towards the mangrove. While their however, the firing resumed, this time, it was directed at them. Some of the pump boat’s passengers composed of 17 persons shouted that they are civilians but the firing continued. They then recognized their attackers as military personnel as they were illuminated by flares fired by the soldiers. They were also in military uniforms with flash lights installed in the barrel of their respective fire arms. At that time, a military helicopter was hovering above them. The latter however never fired at them.

As the firing continues, they were forced to drive their banca away manually as its engine was already damaged by gun fires. They then proceeded to Barangay Lumapid, Talipao, Sulu where they noticed that four (4) of their passengers were hit causing their instantaneous death. They then identified the fatalities as, MARISSA FAILAN, their 4 year old daughter, ARNALYN LAHIM, 19 years old, SULAYMAN AKUB, 34 years old and RESME LAHIM, 10 years old. They then brought their dead bodies to Barangay Kandang, Maimbung, Sulu where they were buried in accordance with Muslim rites

The said spouses also averred that while they were being fired upon, two of their companions jumped out from the banca. Their dead bodies were subsequently found along the shore in the afternoon of the same date. They were identified as, NARSIYA AKUB, a 24 year old and three months pregnant and KIRA LAHIM. They were later brought to Barangay Kandang, Maimbug Sulu and were later buried together with the cadaver of Barangay Councilor of Ipil, ARBISIN LAHIM who was found dead right near his house in the same barangay.

Barangay Captain KASI M. AGAS of Kandang, Maimbung Sulu, confirmed that indeed there were seven (7) dead bodies brought and buried in his barangay. All of whom were duly identified by him and burial rites were performed by Imam Gabir Tanjilul.

Sworn statements of other witnesses were also taken.

The undersigned went to the crime scene where they observed and personally saw three houses allegedly burned by the military. Witnesses claimed that the military poured gasoline owned by the residents at the houses and thereafter lighted it. The owners of the houses burned are Micheal Hammad, Gudam Lahim and Kasra Ibla. The latter positively identified that the soldiers were the ones who burned their house. Their pump boat and other belongings were also taken by the said soldiers.

Gulam Lahim verbally declared that his house was burned. Allegedly, as a result of the same, his money amounting to P51, 500.00 was lost and also some of his personal belongings, including jewelries.

OBSERVATION:

The undersigned refute possible existence of “Redo” but found that there exist a feud between the Lahim and Ibla Family. However, it is concluded by the undersigned, based on evidence gathered that the death of the aforementioned victims has nothing to do or is never connected with the said family feud.

It is however believed that, assuming that there was indeed legitimate encounter between military operatives and some unidentified armed groups, the undersigned believed that there is some sort of excessive force used in violation of the International Humanitarian Law.

RECOMMENDATIONS:

Further investigation.

RESPECTFULLY SUBMITTED.

RAUL S. QUIBOYEN, REYMUNDO I. ITURRALDE, BRENDO D. MORALES and JOEY S. LING