By JACINTO LINGATONG
Bulatlat.com
MANILA — Hearing gunshots inside the house while his brother was still there is a painful memory for Louiejie Maligday.
Louiejie is the older brother of The Philippine military claimed that Jay-El was a member of the New People’s Army (NPA).
“We will never forget how the military barged into our home and ordered us to go out. Then, we heard gunshots from inside the house. But Jay-El was still there,” Louiejie told Bulatlat.
On Nov. 28, Louiejie was joined by his family and fellow advocates of indigenous people’s (IP) rights in filing a complaint against five military officers and the rest of the members of the involved squads. Among those charged were: Maj. Gen. Roberto Capulong, Brig. Gen. Randolph Cabangbang, Lt. Gen. Antonio Yago, 2LT. Emel John Ababa, 2LT Maximono Almuete, and members of the Squad H4th and Squad SP/4th Infantry Battalion (IBPA) of the Philippine Army.
They are facing charges for violations of International Humanitarian Law (IHL), genocide, and other crimes against humanity, as well as grave misconduct, abuse of authority, oppression, and conduct prejudicial to the best interest of public service.
In the complaint, it was stressed that soldiers, as agents of the state, have a heightened duty to uphold the law and ensure the protection of fundamental human rights. “As soldiers, they should adhere even more strictly to the law, particularly in respecting basic human rights, whether or not there is an armed conflict.”
The killing, described by advocates as a “cold-blooded execution,” highlights the ongoing violence and impunity faced by indigenous communities in Mindoro where military operations have intensified under the guise of counterinsurgency.
A violent dawn raid
The Bulalacao Municipal Police Station received a report from Ababa that the military was engaged in an “armed encounter” with a suspected NPA member.
According to the police blotter, a squad from the 4th IBPA conducted a combat operation against Jay-el Maligday around 6:00 a.m. on April 7 that resulted in a five-minute firefight with the NPA. The military claimed that they have recovered a Remington caliber .45 loaded with four live ammunition.
But this was not what the Maligday family witnessed.
Louiejie said that on that day, soldiers conducted a raid in their community in Sitio Suryawon, Barangay Nasukob, Bulalacao, Oriental Mindoro at around 4:45 a.m. Their relatives were held at gunpoint and were dragged out of their house, leaving his brother alone with the soldiers.
Moments later, gunshots were heard. “When family members rushed back inside, they found Jay-El lifeless, riddled with bullet wounds,” Louijie said, adding that “even the phone that my brother was using for his online classes was stolen by the military.”
Soldiers offered to escort the family to the hospital but the Maligday family refused as soldiers may use the opportunity to plant evidence inside their house like firearms. According to Louiejie, the military has also built a detachment camp in the community after the incident, conducting red-tagging seminars and telling residents to withdraw their support to the NPA.
For Southern Tagalog human rights groups, they said that Jay-El’s killing is part of a broader campaign to vilify and silence indigenous youth leaders who oppose militarization and development aggression in ancestral lands.
This was not the first incident of extrajudicial killings in Mindoro.
In 2021, Salvador de la Cruz was reportedly killed by the 4th IBPA in Sitio Kawit, Barangay Poblacion, Magsaysay, Occidental Mindoro after claiming cash assistance from the Department of Social Welfare and Development. Similarly, Dante Yumanaw, a community leader in Sitio Tabong, Barangay Ligaya, Sablayan, Occidental Mindoro, was reportedly killed by the 76th IBPA in July 2022 while carrying food supplies for his family.
Jay-el was a second-year education student at Grace Mission College in Socorro, Oriental Mindoro where he was a known youth leader and active church member. His friends and churchmates described him as a dedicated advocate for education and indigenous rights.
The Kaawat Simbahan (KASIM) of Risen Christ Parish, where Jay-el was actively involved in, released a written statement saying he was a passionate student advocating for change. “Jay-el was an obedient son. He was a hardworking student dreaming to finish college and provide for his family.”
Harassment against family continues
As the Maligday family seeks justice, they also continue to face harassment.
“The military’s harassment did not stop with Jay-El’s death. On April 27, two men claiming to represent Malacañang approached a witness to the killing, pressuring them to admit that Jay-El was a member of the NPA,” Louiejie said.
In a released statement, the Justice for Jay-el Maligday Network said that “this blatant attempt to coerce false testimony exemplifies the culture of impunity that emboldens state forces.”
Furthermore, the network revealed that the raid on the Maligday household coin cided with a series of aerial bombings earlier this year which displaced communities across Mindoro.
Read: Aerial bombing violates int’l humanitarian law
These actions, they said, show a systematic disregard for IHL which mandates the protection of civilians and prohibits attacks on non-combatants.
“The killing of Jay-El is not an isolated incident but part of a troubling pattern of state-sponsored violence in Mindoro. The military’s counterinsurgency operations, which often target indigenous communities and peasant leaders, have escalated in recent years,” said Charm Maranan, Defend Southern Tagalog spokesperson.
Maranan said that state forces have been accused of committing widespread human rights abuses, including extrajudicial killings, forced displacement, and the planting of evidence to justify their actions.
Read:In Mindoro, farmers are harassed, arrested amid agrarian dispute
Read: 3 youth indigenous peoples’ rights advocates abducted in Mindoro
“Mindoro has become a war zone for the military’s campaign of terror,” Maranan said. “Indigenous peoples, farmers, and youth leaders are being silenced with bullets and bombs.”
A rallying call for justice
In a protest outside the Office of the Ombudsman, the Justice for Jay-El Network condemned the 4th and 203rd IBPA which continue to conduct military operations across the island of Mindoro.
“Seven months after Jay-El’s murder, justice remains out of reach. We demand accountability for his death and for the many other civilians targeted by state violence,” Louijie said.
For the Maligday family, the pain of losing Jay-El is compounded by the impunity that allows his killers to remain unpunished. “Jay-El was a son, a brother, and a leader. He deserved a future, not a bullet,” Louijie said.
The Justice for Jay-El Network vowed to pursue all avenues to hold the military accountable, asserting that the fight for justice is far from over. As international human rights day approaches, the network called on the people to join the campaign for justice not only for Jay-El but also for all victims of extrajudicial killings and militarization. (JJE, DAA)
