PEACETALK: The Masbate landmining incident three years hence: “One country, two systems” of justice (1)

First of four parts

NAGA CITY (MindaNews / 03 June)    Three years after the 6 June 2021 Masbate landmining incident, the questions are not so much about the identity of the perpetrators as they are about holding them accountable and liable so that justice is rendered to them and to their victims.  The victims were awarded Far Eastern University (FEU) footballer Kieth B. Absalon, 21, his cousin labor union leader Nolven T. Absalon, 40, and the latter’s son Chrysvine Daniel C. Absalon, then 14, all of Masbate City.  Kieth and Nolven were killed, and Chrysvine was seriously wounded, when they were hit by shrapnel from an improvised explosive device (or landmine) and by ensuing assault rifle gunfire (at least in the cases of Kieth and Nolven) deployed and unleashed against them by a unit of the New People’s Army (NPA) while they were biking with four other biking companions in the Masbate Bikers Club along a coastal road in Purok 4, Barangay Anas going toward Barangay B. Titong, Masbate City, Masbate province around 6:45 a.m. on 6 June 2021.

The NPA commands for the Bicol region (Romulo Jallores Command, RJC) and Masbate province (Jose Rapsing Command, JRC) soon after, on 8 June 2021, criticized themselves for this “failed demolition action” which “unintentionally” and “wrongfully” damaged civilian life and safety, and “unhesitatingly accepted” the occurring “weakness and error” in the said “military action.”  This was seconded later that same day by Marco Valbuena, chief information officer of the Communist Party of the Philippines (CPP), and added that “The entire CPP and NPA take full responsibility for the tragedy.”

The investigation, prosecution and trial of the concerned NPA perpetrators of what we refer to as the Masbate landmining incident of 6 June 2021 has taken two roads – that of the Philippine legal system and that of “the legal system of the People’s Democratic Government” under the CPP-NPA-National Democratic Front of the Philippines (NDFP).  How have these two legal systems proceeded and what have they achieved so far to render justice to both the perpetrators and the victims?  Let us deal first with the Philippine legal system.  Under this system, there have actually been two forums:  investigation by the independent constitutional Commission on Human Rights (CHR); and investigation, prosecution and trial under the Philippine criminal justice system involving the police, the prosecution service and the courts. 

• CHR Investigation and Resolution

The CHR Region V office investigation of the Masbate landmining incident as a human rights violation was speedily and commendably completed just about a month after the incident with the issuance of three Resolutions dated 7 July 2021 in CHR-V-2021-0268 to 0270, one Resolution each for the three victims.  All three cases were designated as being “For:  Arbitrary Deprivation of Life (EJK) – Art. 3 of UDHR, Art. 6 of ICCPR, Article III of Geneva Convention of 1949, Art. 13 of Protocol II of the Geneva Convention, CARHRIHL, Sec. 1 of Art. III of the 1987 Philippine Constitution, R.A. 9851 and Art. 248 of the RPC.”  With these several international and domestic human rights instruments as terms of reference, the issue for the CHR in all three cases was whether respondents 24 alleged NPA members led by Eddie “Ka Star” Rosero committed human rights violations against the three victims.

All told, the CHR made reference to four international legal instruments:

1. Universal Declaration of Human Rights, Article 3 on the right to life and security of person
2. International Covenant on Civil and Political Rights, Article 6(1) on the inherent right to life.
3. Geneva Conventions of 1949, Common Article 3(1)(a) prohibition on violence to life and person, in particular murder of all kinds
4. Additional Protocol II of the Geneva Conventions, Article13 on protection of the civilian population, particularly par. (2) that civilians shall not be the object of attack

And to five domestic legal instruments:

1. 1987 Philippine Constitution, Article III, Section 1 on non-deprivation of life without due process
2. Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity (Republic Act No. 9851), several provisions including on the war crime of directing attacks against civilians not taking direct part in hostilities [this is Section 4(c)(1)]
3. Revised Penal Code (RPC), Article 248 on Murder
4. GRP-NDFP Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL), several provisions including Part III, Article 2(3) on the right of the victims and their families to seek justice for violations of human rights, including adequate compensation or indemnification, restitution and rehabilitation, and effective sanctions and guarantees against repetition and impunity
5. [and particularly for the surviving injured minor victim Chrysvine who had a traumatic amputation of the second or point finger of his right hand] Special Protection on Children in Situations of Armed Conflict Act (R.A. No. 11188), Section 9(a) prohibiting grave child rights violations, including (3) intentional maiming of children,  as well as the Section 7(f) right to be protected from maiming.

The CHR most significantly posits that “The CARHRIHL is not only an agreement between the Government of the [Republic of the] Philippines and the CPP/NPA/NDF but it is also recognized as a human rights instrument.”  (emphasis mine). For this, the CHR cites the concurring opinion of Justice Marvic Leonen in the 2014 Decision of the Supreme Court in the case of Ocampo vs. Abando: 

…This agreement establishes the recognition of the existence, protection, and application of human rights and principles of international humanitarian law as well as provides the following rights and protections to individuals by the CPP/NPA/NDF. 

Stated otherwise, this non-state armed group is recognized as also a duty-bearer for human rights (not just international humanitarian law), and consequently can be held accountable for human rights violations (not just IHL violations) just like states or governments and the security forces.  Note for one the CHR’s specification or designation of the herein human rights violation as “For:  Arbitrary Deprivation of Life (EJK)” or Extra-Judicial Killing, a charge usually levelled against state actors or agents. But in this case, they would appear to be “state agents” of the “People’s Democratic Government” of the CPP-NPA-NDFP.

The CHR investigation was based on the complaint-affidavits of Vilma B. Absalon (mother of Kieth) and Cristine C. Absalon (widow of Nolven and mother of Chrysvine) and the supporting papers gathered by the Philippine National Police (PNP) Masbate City Police Station (for its own Investigation Report dated June 19, 2021), including a cited “After SOCO [Scene of the Crime] Report of the PNP Masbate Provincial Crime Laboratory Office dated June 6, 2021.  The CHR Investigation notably also made reference to the separate CPP-NPA statements of NPA Bicol Regional Operational (Romulo Jallores) Command spokesperson Raymundo Buenferza and of CPP Chief Information Officer Marco Valbuena, both on 8 June 2021, taking full responsibility for the “June 6 Masbate tragedy,” posted in the CPP-NPA website. 

On the basis of the above-quoted Ocampo case pronouncement of Justice Leonen, the CHR “measures the CPP-NPA’s undertaking, based on the provisions contained in the CARHRIHL.  Thus, the undersigned [CHR Region 5 Attorney IV Atty. Xaviera Marie V. Revereza, approved by Regional Human Rights Director Atty. Arlene Q. Alangco] rules that the NPA committed not just a plain human rights violation but a grave one.”   The CHR ruling elaborates:  

The claim of the CPP-NPA that the killing of KIETH (and NOLVEN) was done unintentionally appeared to be misled.  As positively witnessed by CHRYSVINE, KIETH (and NOLVEN) was still alive after the blast.  Had it not [been] for the series of gunshots fired by the respondents, he could have been rescued and given timely medical attention that could have saved his [life]. The respondents targeted the victim and fired gunshots deliberately inflicting severe damage and impunity.  The two (2) IED blasts and seventy-nine (79) fired cartridges recovered in the scene of the explosions were proof of disproportionate force tossed to victims who could not afford to counter the attack….  With the death of KIETH (and NOLVEN), respondents’ acts were willful disregard of the victim’s rights to life and security as embodied under [the above cited international and domestic instruments].

The three CHR Resolutions all conclude that the subject victim “suffered human rights violation/abuse, thus granting of financial assistance to him (or his heirs)… is hereby RECOMMENDED…. The subject matter of this complaint for human rights violation is also the subject of a criminal complaint before the Office of the City Prosecutor of Masbate City… hence, let this complaint be CLOSED/TERMINATED.”  With this conclusion, the CHR considers the human rights violation matter before it to be completed and leaves the rest of the way for the quest for justice to the criminal justice system proceedings.

The CHR, in this and other investigations of local communist armed conflict incidents, has emerged as an independent, competent and credible mechanism for the monitoring and investigation of such incidents.  Along with likewise independent, competent and credible civil society peace and humanitarian organizations, the CHR can help fill the gap of the suspended Joint Monitoring Committee (JMC) under CARHRIHL which has unfortunately become a stalemated mechanism that has been used mainly by one side against the other side for scoring propaganda points. This is due to the provision therein whereby complaints of human rights and IHL violations allegedly committed by one party are to be investigated by that party itself which is complained against.  In other words, the AFP to investigate AFP units complained against, and the NPA to investigate NPA units complained against.  Unfortunately, the warring parties have so far proven to be untrustworthy in honestly dealing with violations by their own respective forces.      

Tomorrow: Criminal Justice System Investigation, Prosecution and Trial

(SOLIMAN M. SANTOS JR. is a retired RTC Judge of Naga City, Camarines Sur, serving in the judiciary there from 2010 to 2022.  He has an A.B. in History cum laude from U.P. in 1975, a Bachelor of Laws from the University of Nueva Caceres (UNC) in Naga City in 1982, and a Master of Laws from the University of Melbourne in 2000.  He is a long-time human rights and international humanitarian lawyer;  legislative consultant and legal scholar;  peace advocate, researcher and writer;  and author of a number of books, including on the Moro and Communist fronts of war and peace.  Among his authored books are The Moro Islamic Challenge: Constitutional Rethinking for the Mindanao Peace Process published by UP Press in 2001;  Judicial Activist: The Work of a Judge in the RTC of Naga City published by Central Books in 2023;  and his latest, Tigaon 1969: Untold Stories of the CPP-NPA, KM and SDK published by Ateneo Press in 2023.)