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Army files 'landmark' case vs. NPA for IHL violation

By Jigger Jerusalem

November 20, 2019, 4:59 pm

CAGAYAN DE ORO CITY -- The Army's 403rd Infantry Brigade (403Bde) has officially filed charges against the communist New Peoples Army (NPA) for various atrocities against civilians and their properties.

Through Bukidnon province's public prosecutor Rommel Alonto, the Army sued the local NPA leadership for violation of Republic Act 9851, or the Crimes Against International Humanitarian Law (IHL), Genocide, and Other Crimes Against Humanity.

The case was in connection with the attack carried out by the NPA fighters in Sitio Aurora, Barangay Santo Niño, Manolo Fortich town on May 28 this year, said Brig. Gen. Edgardo de Leon, 403Bde commander.

The 403Bde covers the areas of Bukidnon, Cagayan de Oro, and Misamis Oriental.

The case was filed before the Regional Trial Court Branch 25, the court designated by the Supreme Court to hear IHL-related cases here.

During the attack, authorities said insurgents fired on the village watchmen, and captured one of them and allegedly treated the latter inhumanely, as the guerrillas proceeded to burn the company's equipment, de Leon said.

De Leon pointed out that the incident was admitted by the rebels through a statement made by Pia Paraiso, an NPA spokesperson in the province.

He said witnesses were also able to identify the perpetrators when shown photos of the suspects.

“The NPA, as a party to the armed conflict, must comply with the IHL, foremost of which is the protection of civilian lives and properties. They (NPA) must not violate the IHL. Everything they do must be in compliance with the IHL,” he told reporters during a press conference right after submitting to the court the prosecutor’s resolution.

The Army official said the filing of the case was just the first as the military has also compiled reports on the NPA’s alleged IHL violations in the past few months, including the destruction of private properties and farm equipment and vehicles in Bukidnon and other areas.

“We have documented those incidents, we have witnesses. We showed photos to victims and they identified the assailants. They owned up to these atrocities, these attacks on non-military targets. They must answer to these accusations,” de Leon said.

Meanwhile, Alonto identified the respondents in the IHL case as NPA leaders identified as Omben, who has the aliases Ronron and Jhon; Lino Namatidong alias Dahun; Mylen Colita alias Maymay; and Toto Taquin alias Jepoy.

Alonto said the suspects are said to be under the NPA's sub-regional committees 1 and 2, and Guerrilla Front 89 of the North Central Mindanao Regional Committee.

Alonto identified the complainant as Ramiro Melgo, a member of the barangay tanod in Sto. Niño, who was handcuffed and maltreated by the NPA fighters during the May 28 attack.

“He (Melgo) was not armed and not part of the conflict. But he was subjected to cruel and inhumane treatment,” Alonto said.

He said they are preparing more cases against the NPA fighters accused of violating the IHL.

Also on Wednesday, a group of placard-holding men and women, some of them wearing face masks, stood outside the Hall of Justice in Upper Carmen, to condemn the NPA.

If proven guilty, the accused NPA personalities are facing 20 years in jail or possible life imprisonment.

De Leon also called on other victims of NPA exploitations to report them to authorities so that more criminal charges will be filed in court.

The CPP-NPA is listed as a terrorist organization by the United States, the European Union, the United Kingdom, Australia, Canada, New Zealand, and the Philippines. (PNA)

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