The Regional Council of the National Democratic Front of the Philippines-Southern Mindanao Region orders for the indemnification of the wounded individuals, including children, who were casualties of the September 1, 2012 grenade blast in Barangay Fatima, Paquibato, Davao City.
The order acts upon the recommendations submitted by the Merardo Arce Command-Southern Mindanao Regional Operations Command- New People’s Army.
The directive is a unilateral exercise of revolutionary political authority by a government of the working class and peasantry that has its own legal and judicial system and rules in accordance with its political principles and circumstances.
The NDF-SMR Order of Indemnification is in compliance with the following with an attached annex:
a. NDFP Declaration of Undertaking to Apply Geneva Conventions of 1949 and Protocol I of 1977 which asserts its status as co- belligerent under international law and assumes its rights and responsibilities under the Geneva Conventions and its protocols. Notwithstanding the Declaration, the revolutionary forces and people represented by the NDFP have acquired over the years the status of belligerency through revolutionary armed struggle. The declaration itself commits the revolutionary forces to the observance of laws of war, from the level of adherence to Protocol II in 1991 to the Geneva Conventions and Protocol I.
b. Geneva Conventions of 1949 and Protocol I of 1977 as the basic international instrument on the rules of armed conflicts seek to ameliorate the conditions of the wounded and sick armed forces, the humane treatment of prisoners of war and the protection of civilian persons in time of war. Protocol I further expands these rules on protection of civilian persons and populations in international armed conflicts.
c. Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL) which provides for the indemnification and compensation to parties affected in the armed conflict. Under the CARHRIHL, the GPH itself recognized the separate authority of the NDFP to take actions pertaining to address issues concerning human rights and international humanitarian law.
d. Constitutional Guide for Establishing the People’s Democratic Government that sets forth the fundamental rights of the people.
e. Basic Rules of the New People’s Army which require respect for human rights and humanitarian law by its officers, combatants and members.
To expedite the dispensation of indemnification and to make public this exercise of executive function, the NDF-SMR has asked for the intercession of concerned professionals and peace advocates who will comprise the Third Party Facilitators.
The Third Party Facilitators will award the compensation, but is not limited to, the following affected individuals:
1. Necio Cerundo, 21, male
2. Amalou Cabandia, 13, female
3. Marcelo Babor, 52, male
4. Nelojean Roxas, 11, female
5. Jelson Bacordo, 22, male
6. Lemuel Uzon, 15, male
7. Elizer Sumod Ong, 29, male
8. Jessie Solla, 49, male
9. Candida Sambalod, 53, female
10. Jayson Amaralinto, 15, male
11. Rubilyn Abayto, 34, female
12. Michael Tinaja, 15, male
13. John Mark Moquinto, 15, male
14. Rolando Abatayo, 32, male
15. Randy Loyola, 35, male
16. Rio Brigole, 24, male
17. Marvin Polinar, 20, male
18. Jeresa Malinao, 19, female
19. Primitiva Dadula, 65, female
20. Lindo Linda, 18, male
21. Louie John Ballena, 14, male
22. Noe Pulbera, 52, male
23. Dario Segundo, 33, male
24. Rolando Roperos, 47, male
25. Gerald Zamora, 18, male
26. Juris Bontoyan, 2, female
27. Devine Grace Valejo, 16, female
28. John Miguel Lucian, 23, male
29. Genelyn Cambirahan, 31, female
30. Charmaine Lansang, 13, female
31. Marjorie Escultor, 34, female
32. Ruthchelle Bontoyan, 39, female
33. Rudith Montajes, 20, female
34. Gemar Bacordo, 24, male
35. Regine Lansang, 17, female
36. Rolando Palban, 18, male
37. Marvin Sumod Ong, 53, male
38. Samson Tandoy, 18, male
39. Helena Turado, 54, female
40. Mikael Cambarehan, 4, male
41. Gerald Lariosa, 16, male
1. NDFP Declaration of Undertaking to Apply the Geneva Conventions of 1949 and Protocol I of 1977, specific provision: “The NDFP undertakes to respect the provisions of the four Geneva Conventions of 1949 and Protocol I of 1977, regarding the conduct of hostilities and the protection of the civilian population and combatants hor de combat in the armed conflict with the GRP and to regard its obligations under the aforesaid instruments of international humanitarian law as having the force of law among its forces and in the areas under control. The NDFP and the forces it herein represents accept the principle of command responsibility for the system of discipline to ensure respect for the rules of the international humanitarian law and punish those who break them.”
2. From the Summary of the Geneva Conventions of August 12, 1949 and their Additional Protocols, International Committee of the Red Cross Geneva, “All the wounded, sick and shipwrecked must be respected and protected in all circumstances (I,12; II,12; P.I,10; P.II,7). There must be no attempt on their lives nor must they be harmed in any way. They must be collected and treated humanely and must receive, to the fullest extent practicable and with the least possible delay, the medical care founded on any grounds other than medical ones (I,2,15; II,12,18; P.I,10;P.II,7).”
3. CARHRIHL provisions pertaining to indemnification: Part III, Respect for Human Rights, Article 2, Paragraph 3, states that: 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 humanity.
In Article 10, The Parties shall promote the basic collective and individual rights of workers, peasants, fisher folk, urban poor, migrant workers, ethnic minorities, women, youth, children and the rest of the people and shall take concrete steps to stop and prevent the violations of human rights, ensure that those found guilty of such violations are punished and provide for the indemnification, rehabilitation and restitution of the victims.
Part IV, Respect for International Humanitarian Law, Article 4, provides that: The principles and standards of international humanitarian law shall likewise apply and protect the rights of persons, entities or objects involved or affected in any of the cases or situations cited hereunder, paragraph 5: Civilians shall have the right to demand appropriate disciplinary actions against abuses arising from the failure of the Parties to the armed conflict to observe the principles and standards of international humanitarian law.
While in Article 6: The persons liable for violations of the principles of international humanitarian law shall be subject to investigation and, if evidence warrants, to prosecution and trial. The victims or their survivors shall be indemnified. All necessary measures shall be undertaken to remove the conditions for such violations and to render justice to and indemnify the victims.
In Article 5, The Parties decry all violations of the principles of international humanitarian law. They encourage all victims of such violations or their surviving families to come forward with their complaints and evidence.
4. Guide for Establishing a People’s Democratic Government, Article 11: Ang mga mamamayan ay may karapatang magreklamo laban sa mga awtoridad na lumalabag sa batas o nagpapabayad sa tungkulin. May karapatang humingi ng bayad-pinsala ang sinuman napinsalaan o nawalan ng anuman dahil sa paglabag ng mga awtoridad sa kanyang mga karapatan bilang mamamayan.