NPA membership in itself not a crime under law — CHR spox

Whether one is a criminal or not depends on one's actions, not affiliations, the spokesperson of the Commission on Human Rights (CHR) said in the wake of allegations that the 14 individuals killed by the police in Negros Oriental last week had communist links.

"May sapat po na batayan ang ating kapulisan at kasundaluhan na tugisin ang sinuman kapag meron po silang ginawang iligal na aksyon, for example po illegal possession of firearms, murder or homicide," lawyer Jacqueline de Guia said in an interview on Super Radyo dzBB.

"Pero nais lang din po nating linawin na dahil po sa pagkaka-suspend ng anti-subversion law, mere membership in the New People's Army is not necessarily a crime under our laws," she added. "Klaro po na dapat tingnan po natin 'yung aksyon at hindi po 'yung affiliation sa ganitong mga pagkakataon."

De Guia was referring to the Republic Act No. 1700 or the Anti-Subversion Act of 1957 which previously outlawed the members of the Communist Party of the Philippines (CPP). The said legislation was repealed in 1992 through Republic Act No. 7636.

The NPA serves as the armed wing of the CPP.

The provincial police said that based on intelligence reports, the 14 killed in Negros Oriental had connections to the Reds.

"Matagal na po nating... nagkakaroon na po ng pagsubaybay, surveillance po sa mga tao na ito. Lahat po ng information na nakuha natin, nagkaroon po ng validation and another validation hanggang sa nakabuo po tayo ng mga documents. 'Yun po ang ipinresent natin para makapag-ano ng search warrant," Negros Oriental police chief Colonel Raul Tacaca said in an interview in GMA News TV's Balitanghali.

Philippine National Police chief Oscar Albayalde also said that there were reports that the suspected criminals had participated in previous ambushes against government security forces.

He declared that the police operations in Negros Oriental were legitimate and that the deaths cannot be considered a massacre.

The Kabataan party-list earlier claimed that the 14 killed were local farmers and not outlaws. — Dona Magsino/BM, GMA News