A human rights group has pointed to drone video footage as a key piece of evidence in raising concerns over possible violations of human rights and international humanitarian law (IHL) in the killing of 19 individuals in Barangay Salamanca, Toboso, Negros Occidental.
In a statement on Tuesday, April 28, Karapatan Secretary General Cristina Palabay said the reported drone footage posted by Silay Production purportedly shows that slain New People’s Army (NPA) leader Roger Fabillar may still have been alive and possibly rendered ‘hors de combat’ before he was killed.
Hors de combat refers to a combatant who is unable to fight, abstains from any hostile acts, and does not attempt to escape.
Palabay added that the footage, if verified, could indicate the use of excessive or disproportionate force, and the killing of individuals no longer able to fight—acts that may violate IHL.
She reiterated concerns over what she described as a “no quarter” practice, which she said runs contrary to the Geneva Conventions and domestic laws protecting civilians and incapacitated combatants.
“Marcos’s Armed Forces of the Philippines must be held accountable for its soldiers’ ruthless massacre through indiscriminate firing, use of disproportionate force, and killings of civilians and combatants rendered hors de combat. These constitute grave violations of human rights and international humanitarian law, and thus are war crimes,” Palabay said.
She also said that the killing of the two minors aged 15 and 17, also warrants further investigation.
Authorities have yet to issue a detailed response to the specific claims regarding the alleged drone footage.
The rights group further criticized a separate fact-finding mission conducted by Buklod Kapayapaan Federation, Inc. (BKFI), which it described as ‘government mercenaries’, claiming it could compromise the integrity of the scene and discourage witnesses.
“This group is nothing but a mouthpiece of the AFP and the NTF-ELCAC, and was probably given unhampered access to the place of the incident to disturb the crime scene. Their presence also serves to harass the communities and intimidate potential witnesses,” Palabay said.
Malacañang, meanwhile, said it will not interfere in the investigation being conducted by the Commission on Human Rights (CHR), adding that accountability will be pursued if violations are established.
The Communist Party of the Philippines (CPP) earlier named its ten Red fighters who were killed, including the fugitive Fabillar. But the nine others were considered as civilians, including youth activists and students Alyssa Allano and Maureen Santuyo, community journalist RJ Ledesma, and two Filipino-American activists.
Despite the pronouncement, the military stood firm, asserting that the their engagement were legitimate and that they were open to any investigation.
The CHR has begun its investigation into the case, citing its mandate under the Philippine Constitution to determine the truth amid conflicting claims between human rights groups and state forces.
Roused and killed?
In a 2023 video interview recorded in Binalbagan, a town approximately 70 kilometers south of Bacolod, Nora Tobalado became emotional as she recalled a traumatic incident involving her husband and the military.
She described how they were roused around 5 am by elements of the Army’s 62nd Infantry Battalion, who accused her husband of being a member of the New People’s Army (NPA).
According to her, the soldiers instructed her husband to come down from their house under the pretense of asking him a few questions. Once he stepped outside, Tobalado claimed, they took her husband to the back of their house and shot him without any interrogation.
The 3-year-old video has sparked a range of responses, particularly concerning the fate of those who lost their lives in the Toboso incident. There were allegations that the military may have captured the individuals but later killed them in what they referred to as an “encounter.” However, these accusations have been consistently dismissed by military officials.
Reymund Titong is a Filipino journalist steadily building his voice in the field of news reporting, driven by a commitment to tell meaningful and relevant stories.
He serves as a correspondent for Rappler, contributes to Negros Daily Bulletin, and maintains a blog on Medium.