NPA on La Castellana, 2013 Deaths ‘Ambush, Not Massacre’

From the Negros Daily Bulletin (Apr 10): NPA on La Castellana, 2013 Deaths ‘Ambush, Not Massacre’

After a lengthy and wide-ranging even detailed investigation of the Poso Village, La Castellana town ambush launched by the unit of the Leonardo Panaligan, Central Negros Command of the New People’s Army (NPA) more than a year ago which killed and wounded several policemen and resulted in the killing of two civilians who had hitched a ride on a cargo truck, the main Boy Gatmaitan Command bared the results of its probe in a statement made available to members of the Negros media yesterday, generally saying that no massacre happened as claimed by the government, the guerilla army has no criminal liability and therefore, it is not under obligation to provide indemnification to the victims, said the spokesman, Ka Juanito Magbanua.

"There was also no need to set up a special military court by the NPA to tackle the alleged culpability of the squad which carried out the ambush," Ka Juanito Magbanua added. "The charges could well be tackled and was decided upon administratively by the Negros Island Party Committee (NIRPC) and its military arm, the NPA command in the Negros Island front."

In the portion of the lengthy statement, Ka Juanito Magbanua explained that the ambush, therefore, military action by the NPA was against a considered military target and against the state’s armed forces generally.

The ambush staged by the NPA squad was based on the principle of military necessity, distinction and proportionality and with the strict observance of Provision of the International Humanitarian Laws and under the Comprehensive agreement on Human Rights and International Humanitarian Laws inked between the Government of the Republic of the Philippines and the National Democratic Front (NDF) during the initial rounds of the peace agreement having been negotiated by both sides.

As a military force, the essence of the police units, Barangay Peacekeeping Action Teams (BPAT) involved various aspects as structure, training, subculture and functions which were military in nature.

And it is the concept and principled stand of the NPA not to harm civilians and the fact that they had hitched a ride on board was a failure of intelligence, laxed discipline and violation of strict centralism of the CPP and rules of its guerilla unit, the NPA and which primarily warrants only administrative discipline.

As a rule, the main NPA unit and the various front units are prohibited from launching ambuscades and attacks against the military when there are civilians around except when truly sure that they can control and ensure safety even when the fighting is ongoing.

Many times, the NPAs have stopped launching ambuscades when seeing that civilians are around.

Stopping the military attacks had been an NPA strict disciplinary practice under its rules.

But even then when possible, the people’s army makes a supreme effort to ensure that collateral damage in any of its ambuscades or attacks were limited to the barest minimum in consideration of civilians.

So, because of the declared proven administrative lapses, the NPA unit is meted disciplinary action, to include officials and men who carried out the Poso Village ambush. The disciplinary actions ranged from but warning, strong warning, transfer to an area of assignment and probation accompanied by criticism and self-criticisms. The disciplinary actions due to lapses are meted upon the unit commander with the lapses either by omission or commissions.

For the Negros Island population at large, they are also informed that the NPA is obligated and duty-bound under pain of sanctions to follow three main rules of discipline and eight points of attention.

While commander and guerillas are enjoined strictly not to engage in gambling and drunkenness, obey orders in all your actions, not to take any single or piece of needle or thread from the people in areas of operations and report all items confiscated. The eight points of attention are be polite and courteous in all your actions, pay for what you buy, return everything borrowed, repair materials ruined and not say unkind words against the masses, not to destroy crops, not to abuse women and not to ill-treat captives. And the NPA is ready to help civilians as long as they could be safe when approaching those killed and wounded in the ambush.

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