Two Philippine Air Force (PAF) personnel have formally filed complaints for rape through sexual assault and attempted rape through sexual assault against a two-star or major general before the Office of the City Prosecutor in Lipa City, Batangas, their legal counsel said.

“It’s another remedy provided for by law,” Atty. Nico Robert Martin said in an interview with reporters on Thursday. “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.”

CCTV footage obtained by ABS-CBN News showed that around 5:30 a.m. on January 29, a black van arrived at the Fernando Air Base in Lipa City.

On board were PAF personnel returning from a night-out.

Among them was the major general, who had to be assisted by soldiers to his quarters.

Almost three hours later, another clip showed two male soldiers coming out of the official’s quarters in tears.

Shortly after, their lieutenant arrived, to whom they reported what had happened.

The two claimed that the major general took advantage of them.

The two soldiers immediately filed a complaint with the Office of Ethical Standards and Public Accountability (OESPA) of the Armed Forces of the Philippines (AFP).

The complainants said in their affidavit that they initially thought the major general was joking when he ordered them to sleep in his quarters.

This was when the sexual assault allegedly took place.

“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,” the complainants said in their affidavit.

“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 PAF personnel pretended to be asleep but was secretly recording audio and video of the incident.

The complainants experienced severe trauma and have sought help from lawyers under the Supreme Court’s Unified Legal Aid Service (ULAS).

“My clients were diagnosed with stress disorder and depression. After the incident, they were seen by a psychiatrist. Right now, they are paying for their own therapy sessions para makatulong sa mental health nila,” Martin said.

He went on, “We are very concerned about this. 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.”

In his counter-affidavit, the major general denied the allegations.

He claimed that the two soldiers were strong enough to overpower him.

He also said that he did not possess any firearm or bladed weapon, and that he did not use force or issue threats.

“They could have easily left the room, as they had free access to the door, or used force to prevent the unlawful act,” the major general said in his counter-affidavit.

“One of the complainants was able to take videos and audio recordings while it was happening, so I don’t know how that will be rebutted,” Martin stressed.

“It is the right of the general to deny all these charges and to present his own version of the story. We have presented and we will continue to present our version of the story,” he added.

The military’s OESPA found prima facie evidence to subject the PAF official to a pre-trial investigation.

The complainants’ lawyer said rape could happen even to men.

“As we saw in this case, ang pang-aabuso, pwede siyang mangyari kahit kanino. Pwede siyang mangyari kahit saan at kahit kailan. Pwede siyang mangyari sa bahay, sa mga opisina, sa Sandatahang Lakas, at kahit kanino—babae, lalaki, sa lahat. Kaya dapat maging mapagmatyag at maingat tayo, at protektahan ang bawat isa sa mga sitwasyong ganito,” Martin noted.

HOUSE ARREST

The major general was immediately relieved from his post upon the filing of complaints.

He is currently placed under house arrest inside a military camp, the AFP said on Wednesday.

AFP spokesperson Colonel Francel Margareth Padilla said the case is now pending the approval of AFP chief of staff General Romeo Brawner Jr., who will serve as the convening authority for the General Court Martial (GCM) proceedings.

“For review na po siya and signature ng ating chief of staff. Siya rin ang ating convening authority,” Padilla told reporters in a phone interview.

The composition of the GCM will be determined once the recommendation to refer the case is approved. The members will be selected in accordance with military justice procedures to ensure fairness and impartiality.

The two-star general will face trial under Articles of War 96 (Conduct Unbecoming an Officer and a Gentleman) and 97 (Conduct Prejudicial to Good Order and Military Discipline).

The proceedings of the GCM are expected to be completed within six months. However, this may be extended depending on the complexity of the case, availability of witnesses, and legal motions filed by the parties involved.

Padilla assured that the military will cooperate and comply should a civilian court issue a warrant of arrest, commitment order or any legal directive against the PAF official.

“As a general rule, pagka-criminal case is filed before a civilian court, yung AFP will defer this to the court’s authority regarding sa custody,” the AFP spokesperson said.

“However, under the Articles of War, AW 75, we provide that any person subject to military law who is held by military authorities to answer or who is awaiting trial or the result of trial or who is undergoing sentence for a crime or offense punishable under the Articles of War, yung AFP may retain custody,” she explained.

Martin said the two junior officers “have full trust” in the country’s justice system.

“My clients have full trust and faith and confidence in our justice system, whether it is in the military justice system or our judicial justice system. Inaasa namin sa sistema nang buo,” the lawyer said.

The AFP also assured the two junior officers of protection from any form of intimidation or undue influence amid the probe on the case.

“Rest assured na ang Sandatahang Lakas ng Pilipinas will do the necessary measures to protect our officers. Meron tayong measures like psychological support that we give them at kung anuman ang kakailanganin para mapabuti ang kanilang kalagayan, ibibigay po natin,” Padilla noted.

The military likewise stressed that it takes “all forms of misconduct and breaches of military discipline with utmost seriousness” and that it remains “firmly committed to due process, transparency, and accountability under the military justice system. “

To prevent such incidents from happening again, the AFP is strengthening its internal mechanisms for discipline, accountability and education. This includes intensified values formation programs, leadership trainings, and the reinforcement of reporting and grievance mechanisms.

“With this, ang ating Sandatahang Lakas ng Pilipinas will remain committed to fostering the culture of integrity and ini-emphasize natin dito ang zero tolerance natin for any form of misconduct such as this po,” Padilla said.