KABACAN, Cotabato — An active-duty Army corporal accused of fatally shooting two brothers, including a barangay councilor, in Kabacan, Cotabato, has surrendered to military authorities and been turned over to the Philippine National Police (PNP) for appropriate legal proceedings, the military said on Saturday, October 24.
Cpl. Virgilio D. Magbiray Jr., identified by authorities as the alleged suspect in the October 21 shooting in Barangay Lower Paatan, surrendered after three days of pursuit operations conducted by the 90th Infantry (Bigkis-Lahi) Battalion in coordination with the Kabacan Municipal Police Station and local authorities.
Following his surrender, Lt. Col. Loqui O. Marco, commanding officer of the 90th Infantry Battalion, presented Magbiray to Brig. Gen. Gremel B. Brual, commander of the 601st Infantry (Unifier) Brigade, and reported the circumstances of the surrender for coordination and documentation.
The 6th Infantry Division (6ID) subsequently directed the formal turnover of the corporal to the Kabacan police station to ensure that the case would proceed through the appropriate legal channels.
Brig. Gen. Edgar L. Catu, commander of the 6ID and Joint Task Force Central, ordered the turnover and stressed that military personnel are not exempt from accountability under the law.
Catu reaffirmed the division’s commitment to the rule of law, emphasizing that anyone found to have violated the law must answer for their actions in accordance with due process, regardless of rank or position. He also underscored the importance of respecting the constitutional rights of every individual.
The formal turnover took place at the 90th Infantry Battalion headquarters on October 24, in the presence of police personnel from the Kabacan Municipal Police Station. An alleged caliber pistol reportedly used in the shooting was also surrendered to authorities.
As part of the procedure, police personnel read Magbiray his Miranda rights, informing him of his right to remain silent and his right to legal counsel, among other constitutional protections. He was subsequently placed under police custody for appropriate legal proceedings.
Two brothers killed in October 21 shooting
Magbiray’s surrender follows the fatal shooting of brothers Bayan Patacpan Maganaka and Ebrahim Patacpan Maganaka during a community gathering in Purok Liwliwa, Barangay Lower Paatan, in the early hours of October 21.
Bayan, a barangay councilor, and Ebrahim, who served as the barangay bookkeeper and cashier, were reportedly attending an overnight community celebration when the shooting occurred. Initial reports also indicated that a 17-year-old companion was seriously wounded in the incident.
The killings prompted a joint pursuit operation involving military and police authorities. The victims’ relatives had earlier said they filed a formal complaint against Magbiray and appealed to the PNP and military leadership to coordinate efforts to locate him and bring him before the law.
The family has called for justice through the legal system, while local officials have condemned the killings.
Investigators must still establish the complete circumstances surrounding the shooting, including the sequence of events leading to the attack and its possible motive. Earlier reports raised the possibility of an argument before the shooting, but this detail requires further verification.
Investigation and legal proceedings to follow
The suspect’s surrender and turnover mark a significant development in the investigation, allowing police to take custody of the alleged shooter and pursue the case through the criminal justice system.
The surrender of the alleged firearm may also form part of the evidence to be examined by investigators. Authorities will need to establish its connection to the shooting through appropriate forensic procedures and other evidence.
Magbiray’s surrender does not, by itself, establish his guilt. The allegations against him remain subject to investigation and judicial proceedings, and he is presumed innocent unless proven guilty in court.
The case has drawn attention to the importance of coordination between military authorities and civilian law enforcement, particularly when an active-duty service member is accused of a serious criminal offense.
For the victims’ family, the next critical step is the pursuit of accountability through the legal process. The investigation and subsequent court proceedings will determine the evidence against the suspect and whether criminal liability can be established in connection with the deaths of the two brothers.