PH Air Force general accused of rape by two soldiers under house arrest
Trigger warning: This article deals with rape and sexual assault.
Two soldiers from the Philippine Air Force have filed complaints of rape through sexual assault and attempted rape through sexual assault against a two-star or major general with the Office of the City Prosecutor in Lipa City, Batangas.
Their legal counsel, Atty. Nico Robert Martin, explained the move to reporters on Thursday, stating, "It's another remedy provided for by law. They played two roles: they are both military and citizens of the Republic. They can also file a criminal case. We are now undergoing preliminary investigation."
According to ABS-CBN News and GMA News, closed-circuit television footage showed that on Jan. 29 at 5:30 a.m., a black van carrying PAF personnel, including the general, arrived at the Fernando Air Base in Lipa after a night out.
The general was reportedly assisted by the soldiers to his quarters.
Three hours later, two soldiers can be seen leaving the general's quarters crying and hugging each other.
Their lieutenant arrived, and the two soldiers told him that the general had taken advantage of them.
They filed a complaint before the Armed Forces of the Philippines' Office of Ethical Standards and Public Accountability.
In their affidavit, the two soldiers recalled the general telling them to sleep in his quarters. They thought he was joking until the alleged sexual assault happened.
“Respondent said the three of them would share the same bed. Afterwards, Respondent started to undress himself and asked the two what they were still doing. *** and *** hesitantly and slowly undress[ed] themselves. *** was still hoping that time that Respondent was only joking,” an excerpt of their affidavit read, according to ABS-CBN News.
“Respondent touched ***’s penis. He ordered *** to touch ***’s penis and **** him off. Although *** was shocked of what was happening during that time, he just followed Respondent’s orders to appease him,” they added.
One of the soldiers also pretended to be asleep and secretly recorded an audio and a video of the alleged incident.
Martin said that the two soldiers are paying for their own therapy sessions to overcome the severe trauma. He is also seeking help for them from the Supreme Court’s Unified Legal Aid Service.
"We are really very concerned about them," Martin said. "They are diagnosed with this but they are still flying planes in Lipa. We would like to ask for the help of the AFP to better address the situation.”
General denies allegations; fired and placed under house arrest
The general denied the allegations against him, saying it lacks "factual basis and evidence."
"They are not telling the truth. This incident never happened," the general said in his counter-affidavit provided by GMA News.
The general argued that the two complainants "are strong, able-bodied military officers who could easily overpower me."
"They are not under duress nor did I use a firearm or any bladed weapon, nor I use force, threat, or intimidation against their will,” he said. “They could have easily left my room, as they had free access to the door or used force to prevent the unlawful act."
Nevertheless, the PAF fired the general and placed him under house arrest.
The AFP's OESPA found prima facie evidence, or one that suffices to establish a fact unless contested, that would push the general to face a pre-trial investigation.
AFP spokesperson Francel Padilla told GMA News that the initial probe findings are already for AFP chief-of-staff Romeo Brawner Jr.'s review.
"Siya (Brawner) rin po ang ating convening authority. And the case is currently awaiting for his approval for the referral doon sa ating general court-martial," Padilla said, referring to the trial conducted by the military.
She noted that the general will face trial under Articles of War 96, or conduct unbecoming of an officer and a gentleman, and Articles of War 97, or conduct prejudicial to good order and military discipline.
"Zero tolerance po tayo for any form of misconduct such as this," she added.
In a separate interview with ABS-CBN News, Padilla said the composition of the GCM will be determined after the approval of the recommendation to refer the case.
Its members will be chosen based on military justice procedures, ensuring fairness and impartiality.
Padilla noted that the AFP may retain custody of an erring official in line with the Articles of War, but if a criminal case is filed before a civilian court, the AFP will defer to that court's authority regarding custody.
Moving forward, Padilla said the AFP is strengthening its internal mechanisms for discipline, accountability, and education through intensified values formation programs, leadership trainings, and the reinforcement of reporting and grievance mechanisms.
Padilla said they may also give psychological support to the victims.
"Kung anuman ang kakailanganin para mapabuti ang kanilang kalagayan," she said, "ibibigay po natin."
