DAVAO CITY – Nilo, 22 said he was about to file his leave of absence from work to join his mother’s birthday celebration next month.
But his return from Cebu, where he is working, came early as his mother, Elenita Garing was killed on June 9 in Barangay Lumiad, Paquibato district here.
Elenita Garing is a member of the New People’s Army who was last seen captured in an encounter on June 9 along with Will Biliran aka Joel. The two were found dead the next day.
Nilo, the second eldest son, said his mother was able to text him on June 9 asking for load.
Elenita left four children, the youngest is 20 years old.
A copy of the police blotter obtained by their family indicated that an armed encounter happened between some 29 members of the NPA at 5:00 pm on Thursday, June 9. Three bodies of the NPA were recovered on the next day, including that of Grace Quimbo aka Mary Jane.
In an interview with Davao Today on Wednesday, June 15 in Baguio District here, Nilo said based on their initial information, his mother was seen tied in a basketball court in Barangay Lumiad with a guy companion.
“They said by night time they were taken to another place. And by morning their bodies were found,” Nilo said. He said her mother was tortured.
“Naay bali ang tuhod, naay pinusilan ang tuhod sad. Mga bun-og sa lawas, unya gisi sa nawong (Her knee was broken, she has a gunshot on her knee. Her body bore bruises and her face was damaged),” Nilo said.
Elenita’s face was unrecognizable. Nilo said they were able to identify her because of her tattoos.
Possible rape
Nilo said he was told by witnesses that the underwear of her mother was found in the place of the incident.
“Nakita ang iyahang panty sa panghitaboan. So possible na rape (It was possible that she was raped),” he said.
The National Democratic Front, in a statement also said Elenita was raped.
“They were brutally tortured and summarily killed. Their bodies bore torture marks and were dumped in a ditch. Ka Milo was raped by the enemy,” NDF spokesperson Rubi Del Mundo said.
Del Mundo said: “On June 9, Red fighters of the 1st Pulang Bagani Battalion of the New People’s Army engaged troops belonging to the 72IB-AFP and the paramilitary Alamara forces in a firefight at around 4:00 in the afternoon in Sitio Palangag, Brgy. Lumiad, Paquibato.”
“Quimbo was martyred during the battle. Joel aka Will Biliran and Elenita aka Milo Garing were captured by the enemy after the two Red fighters were separated from the unit,” Del Mundo said.
Del Mundo said residents in Paquibato saw Biliran and Garing with the Army troops at around 8:00 pm in Barangay Lumiad.
For autopsy
Reverend Jurie Jaime, convener of the Exodus for Justice and Peace, a group composed of peace advocates that serves as third party facilitator, said that they are assisting the Garing family to ensure that an autopsy will be carried out.
He said the family plans to have the funeral on Saturday, June 18, but he said “they are willing to extend the wake and wait for the conduct of the autopsy.”
“There is a violation of the international humanitarian law here. And if that will be proven by the investigations, the perpetrators should be held accountable,” he said.
Geneva Convention
Based on the Article 3 of the Geneva Conventions relative to the treatment of the Prisoners of War: “Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.”
The Convention which is also adopted by the Philippine government prohibits “(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture.”
It also prohibits “(d) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.”
The same violations are found in Chapter 3, Section 4 of Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity”.
If found guilty, a person shall be penalized with reclusion temporal in its medium to maximum period and a fine ranging from P100,000 to P500,000.
“When justified by the extreme gravity of the crime, especially where the commision of any of the crimes specified herein results in death or serious physical injury, or constitutes rape, and considering the individual circumstances of the accused, the penalty of reclusion perpetua and a fine ranging from P500,000 to P1 million shall be imposed,” the law said.
Mother’s birthday
Nilo said two days before the incident, he and his mother were exchanging messages about her birthday on July 27. She would be turning 49.
Nilo said he is familiar with the involvement of his mother as an NPA.
“Lisud gyud siya pugngan pero naa man gyud syay gibarugan (It’s hard to stop her because she is fighting for what she believes in),” he said.
But despite her involvement in the armed movement, Nilo said she was a good mother to them.
“Family first gyud si mama, wala gyud mi masaway niya (She always put her family first, we only have good things to speak of her),” he said.
He said her mother did everything to send them to school.
Even if they already knew of the dangers of her mother’s involvement, they cannot accept the way she was treated.
“Sakit lang kay gi-ingon ana pa ba (It’s very hurtful that they did that to her),” he said.
Nilo said because of the incident, he finds it is proper that there are people who are taking up arms.
“After ani nga panghitabo makaingon gyud ko nga sakto lang nga naay taong mo-barog gyud sa ilahang baruganan kay og ing-anion ra diay ang mga kabus,” he said.
The family said they will file a case before the government to seek justice for the death of his mother. (davaotoday.com)
