“The four men were forced to strip off their shirts. Along with [Hannah] Cesista, they were forced to roll in the mud. The witnesses said they were pleading with state forces to stop their inhumane acts but to no avail.”
By MAVERICK AVILA
Bulatlat.com
CEBU CITY – The “brutal slaughter” of the Bilar 5 in Bohol last February 23 has raised questions on how the government treats hors de combat.
Hors de combat are combatants who have been incapacitated in battle, and under the international humanitarian law (IHL), must be treated humanely as prisoners of war.
However, witnesses to the encounter between the 47th Infantry Battalion of the Philippine Army and the Bohol Provincial Police with members of the New People’s Army (NPA) in sitio Matin-ao 2, Brgy. Campagao in Bilar, Bohol dawn of February 23 revealed that the captured NPA guerrillas were maltreated before they were summarily executed.
Killed were Hannah Jay Cesista, who recently passed the bar examinations, and other NPA combatants Domingo Compoc, Perlito Historia, Marlon Osomura, and Alberto Sancho.
The International People’s Tribunal, in its 2024 case report, stated that a witness heard a woman’s voice, believed to be Cesista, pleading from inside the house for the gunfire to stop, stating that children were present in the house.
Another witness described seeing shirtless men being forced to walk and crawl in the mud. One of them was identified as Compoc, a resident of Bilar. Locals attested that they also heard Cesista begging for their lives.
After the operation, the military seized mobile devices from residents who recorded the incident, deleting any photos and videos. The residents were then evacuated to the village court, where they were held overnight.
When the families of the dead claimed the remains, they noticed injuries not consistent with that typically sustained in a firefight. Autopsy results confirmed this.
This raises a critical question: Were they killed during the armed clash, or were they considered hors de combat, and thus protected under IHL?
Understanding hors de combat
The Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity (Republic Act. No. 9851) defines hors de combat as “a person who is in the power of an adverse party; has clearly expressed an intention to surrender; or has been rendered unconscious or otherwise incapacitated by wounds or sickness and therefore is incapable of defending himself: Provided, that in any of these cases, the person form any hostile act and does not attempt to escape.”
This definition matches the case of the Bilar 5, according to human rights advocates.
The National Union of People’s Lawyers – Cebu Chapter stated that contrary to the claims of the military, the initial reports they received reveal substantial discrepancies, implicating the state forces in potential violations of IHL.
“The four men were forced to strip off their shirts. Along with Cesista, they were forced to roll in the mud. The witnesses said they were pleading with state forces to stop their inhumane acts but to no avail,” NUPL Cebu stated.
What should be the case?
Edre Olalia, national chairperson of the National Union of Peoples’ Lawyers (NUPL), believes that in the case of Bilar 5, “what governs is not (just) the laws of the Philippines alone, but also the laws of war – the International Humanitarian Law”.
The IHL is based on the 1941 Fourth Geneva Convention, which aims to limit the impacts of armed conflict by establishing rules for states and non-state armed groups. It mandates responsibilities during conflicts, including ensuring swift and unhindered delivery of humanitarian aid.
Olalia told Bulatlat that the Bilar 5 as “NPA members are asserting their political stance as revolutionaries, while also claiming legal status as belligerents or a party to the armed conflict. They are not criminals, but instead, they are combatants.”
Olalia, who also sits as interim chairperson of the International Association of Democratic Lawyers (IADL), emphasized that if the laws governing armed conflict—often referred to as the laws of war or international humanitarian law—are properly enforced, armed forces on both sides must adhere to specific standards and principles. These include the crucial obligation to respect those who were considered hors de combat.
When one is considered as hors de combat, they should be held as prisoners of war, not killed. This was not the case for Bilar 5.
During the recent International People’s Tribunal where the Bilar 5 case was heard, Olalia said that it was revealed that “the Bilar 5 was already in captivity (before they were killed). In fact, there’s a photograph of one of them in the custody of the Philippine Army, and eyewitnesses testified that they had already surrendered and were subsequently summarily executed. One was shot, and the law graduate was made to crawl in the mud to make it appear as though she wasn’t in a hors de combat position.”
Looming battle
Olalia believes that the families of the killed hors de combat have several domestic avenues to seek justice. They can file murder charges against the perpetrators in court, pursue a criminal case under the domestic IHL, or submit a complaint to the Commission on Human Rights (CHR). These options provide a pathway to hold the perpetrators accountable within the country’s legal framework, said Atty. Olalia.
Dennis Abarrientos, spokesperson of Karapatan-Central Visayas, said they exhausted efforts at the local level, but were dismayed.
“We have already tapped the Commission on Human Rights (CHR), which instead of doing their investigation by gathering material evidence and testimonies through their channels and mandate, preferred to put the burden on us and the families of the victims to facilitate acquisition of such evidence,” said Abarrientos.
Abarrientos told Bulatlat that they made important discoveries during the gathering of evidence for Bilar 5.
“In a post-mortem examination conducted on the exhumed body of Perlito Historia, it was found that he was shot at close range with defensive gunshot wounds in both forearms. It established that the fatal shots were those in his face and chest,” said Abarientos.
Olalia also pointed out that the families can also take advantage of international remedies like submitting a formal complaint to the United Nations Human Rights Council, highlighting the violations; or they can bring their case before people’s tribunals, which serve as an alternative platform for seeking justice when traditional legal avenues are inadequate or inaccessible.
At present, the families of the Bilar 5 victims are preparing necessary documents to bring their case before international human rights bodies for proper investigation and dispensation of justice.
In addition, Olalia highlighted two long-term legal options for families of hors de combat victims. First, they can invoke universal jurisdiction, allowing perpetrators to be prosecuted in another country if that country has relevant laws and a connection to the case. Second is the creation of a special international tribunal, similar to those established for Rwanda, the former Yugoslavia, and Cambodia.
In an interview with ANC News, Abarrientos said, “The ones who ruined a good future for her (Cesista) are those who also red tagged her – the military, the police. They were killed instead of bringing her and her companions to court.”
For Abarrientos, “Cesista is the exemplary model of our youth who is genuinely engaged in nation-building in the service of the marginalized no matter the hardship and sacrifice. She challenges the elitist norm of careerism, wealth accumulation and self-glorification as standards of success.” (JJE, RTS, RVO)
