MANILA, Philippines - The Commission of Human Rights (CHR) is set to begin its own probe into the killing of botanist Leonard Co and two others in Kananga, Leyte on November 15, 2009.

The development comes amid calls from Co's relatives and supporters to throw out the Department of Justice (DOJ) panel's report following its preliminary investigation into the incident.

The DOJ report spared the military of having any liability in the incident, which runs contrary to the findings of a citizen's fact-finding mission that said bullets that killed the victims came from the Army 19th Infantry Battalion (IB), which was conducting security and combat operations in the area.

New probe, different panel

The group wants Justice Secretary Leila de Lima to launch a new investigation into the case and for it to be conducted by a new panel of prosecutors.

"We hope Secretary (Leila) de Lima will junk the report and start anew, and hopefully, with this move of the family, we can have a transparent and public investigation where every fact will be put under public scrutiny so we know what really happened," said Dr. Giovanni Tapang on ANC's "The Rundown."

On Monday, the Justice for Leonard Co Movement protested in front of the DOJ building for what they call an incomplete and inaccurate appreciation of the facts.

The DOJ's report cleared the military of having any liability in the killing of Co and his two companions, forest guide Sofronio Cortez and farmer Julius Borromeo in Kananga, Leyte.

Tapang, chairman of the group Agham, which is part of the "Justice for Leonard Co Movement," said findings gathered from a team of scientists and friends of Leonard in Leyte showed that the actual topography of the site suggests that it would not have been possible for bullets that hit Co and his team to have come from a lower point, as the military suggests.

Tapang also dismissed other theories Austria may have been hit by rebel fire.

"Survivors said the only armed group in the area was the military, and they were hearing the shots from the side coming from where the military was," he said.

Tapang added the DOJ report was silent on the part of culpability of the military for the death of Borromeo, considering the military had admitted to watching Co and his group for 30 minutes.

'DOJ report incomplete, selective'

"We think the DOJ report is incomplete. It seems the DOJ panel selectively took out some parts of the testimony of survivors and followed the theory of the military that there was a crossfire. What about the testimony of Julius Borromeo who was hit in the chest and was not given medical attention for more than an hour?"

"Unless we correct the report of the DOJ, the impunity that we see... would continue. We hope Secretary de Lima will correct this report of the DOJ panel," Tapang said

Last week, de Lima said the DOJ may review the fact-finding panel report if it was challenged by the victims' families.

Co's sister, Lily Co-Austria, said she is hopeful the DOJ leadership will straighten out the inconsistency.

"Yung DOJ-NBI imbestigasyon ibang-iba sa totoong nangyari," added Co-Austria, who believes facts fathered were not studied thoroughly. "May kumpiyansa kami kay Secretary de Lima. Yung mga taong inatasan niya mag-imbestiga hindi yata ginawa yung dapat gawin katulad nung affidavit ni Colonel Romeo Gibe."

Co-Austria has called on President Aquino III to ensure that justice is served in her brother's death.

Different findings

Her husband, and Co's brother-in-law, Dr. Bobi Austria, said the results of the National Bureau of Investigation-DOJ report were very different from their findings .

"It was overwhelming that the bullets that killed him (Co) came from the military. It's painful and we can't understand why the NBI and DOJ came out with a bizarre results to say that the NPA was responsible for the death of Leonard," said Dr. Austria.

Austria admitted his wife Lily, Co's sister, is disappointed over the report's results.

"Hinihingi namin sa sambayanan na ipagdasal ang CHR para sa kanilang public hearing sa (January 26 at 27) dahil maari po kaming makakuha ng maganda ebidensya sa kanila," he said.

Citing the principle of civilian supremacy over the military, Austria added the military should follow the rule of law and squarely face investigations.