PHILIPPINES: Soldiers kill four farmers in another ‘legitimate encounter’ pretext

Dear friends, 

The Asian Human Rights Commission (AHRC) has been informed about the killing of four farmers under the pretext of a ‘legitimate encounter’ in Mobo, Masbate. The farmers, all members of a local farmers’ organization, were resting inside a house after they had gone hunting, when soldiers open fired on them. The soldiers were reportedly in pursuit of a group of rebels who ambushed a group of policemen days before. 

CASE NARRATIVE: (According to the information received from the Alliance for the Advancement of People’s Rights (KARAPATAN)) 

On 7 September 2010, at 9am neighbors Vicente Flores, Richard Oliva and Melecio Monacillo and his son, Jonathan, had gone hunting in the forested boundaries of Barangays (village) Mapuyo and Mabuhay, in Mobo, Masbate. After 12noon, they rested in the house of Eliseo and Rosie Albao. At the time, only Rosie and her children were present as Eliseo had to go to work as a labourer, cutting grass on his neighbor’s farm. 

The four farmers were so tired after returning from hunting that they fell asleep right away. 

At around 12:30pm, an undetermined number of soldiers, reportedly attached to the 9th Infantry Battalion of the Philippine Army (IBPA), emerged from an uphill position. As they were passing by Rosie’s house, they suddenly open fired on the house instantly killing three of the occupants, Vicente, Melecio and his son, Jonathan. The soldiers shot at the house even though they were not provoked. 

The farmers were asleep when they started shooting. Richard, who initially suffered gunshot wounds from the first volley of gunfire, tried to run for his life by jumping out the window. The soldiers finished him off after seeing him escaping. Rosie and her children, shocked by the assault ran for their lives away from their house. 

From a distance, Eliseo, the owner of the house, heard the gunshots and saw a massive cloud of smoke rising from the direction of his house. He was in a state of shock when he arrived home to find the dead bodies of four farmers riddled with bullets. 

Vicente had his genitalia smashed by the impact of the bullets; his abdominal area burst open and blood spilled over the floor. His hand was almost severed. One of Melecio’s shoulders was shattered, and his leg bore gunshot wounds. Jonathan suffered gunshot wounds to his jaw which pierced his skull and to his back. 

The dead body of Richard, who was trying to escape, was found outside the house with his skull smashed by the impact of the bullet. His body also had several other bullets wounds. After the incident, Eliseo’s family could no longer be found. 

The soldiers, who left the area after ensuring that the victims were all dead, proceeded in the direction of Barangay Sta. Maria. Upon arriving there, they informed the village officials that they had killed four New People’s Army (NPA) rebels during an encounter in the same place. They were instructed to retrieve the dead bodies and bring them to the Municipal Hall in Mobo. 

The soldiers went on their way without even waiting to see if their order was carried out. The remains of the four victims were brought to Mobo town and their relatives went there to claim the bodies. It was later learned why the soldiers went on a killing rampage. It was in retaliation, as part of their hot pursuit operation, because a group of policemen were ambushed by alleged NPA members on 31 May 2010 in Barangay Marintoc. 

ADDITIONAL INFORMATION: 

The AHRC has documented numerous cases in which the killing of farmers; villagers and human rights activists has been justified as a result of a ‘legitimate encounter’. This terminology is used by the police and the military in justifying their action of killing persons because according to them the persons opened fire at them. 

However, in most cases, the claims by the police and the military cannot be independently verified; nevertheless, once this is announced the possibility of making the complaint that the victims were summarily executed is negligible. 

On June 2, 2010, three brothers, one of whom was a minor, had also been killed under the pretext of a ‘legitimate encounter’. The police claimed that the victims exchanged fire with them justifying their deaths; however, it was questionable as none of the victims either owned or knew how to use a gun (AHRC-UAC-130-2010). 

SUGGESTED ACTION: 
Please write letters to the authorities below requesting them to have the soldiers involved investigated without further delay. Charges must be filed against them once sufficient evidence establishes the probability that they had executed the killing as alleged. 

The AHRC has also written letters to the Special Rapporteur on extrajudicial, summary or arbitrary executions on this case. 

To support this case, please click here: SEND APPEAL LETTER