However, moves to prosecute them at the level of the DOJ have been stymied.118 114. Earlier in 2008, the government was scored by the UNHRC in its views on the case of Marcellana v. Philippines.119 Ms. Marcellana and Mr. Gumanoy, two activists engaged in HR advocacy work, were extrajudicially executed by individuals linked to the military. The UNHRC lamented that “though over five years have elapsed since the killings took place, the State party’s authorities have not indicted, prosecuted or brought to justice anyone in connection with these events.”120 The Committee also urged the Philippine government to initiate and pursue criminal proceedings against the armed group linked to the killings.121 115. The Commission commendably notes the efforts of some military officials to improve the HR record of the AFP. But the desire to improve must be reflected in official actions of the institution. It must demonstrate concrete, decisive, credible, and transparent actions to address HR violations ascribed to members of its ranks. 116. The highest command in the AFP must seriously act to put an end to impunity to inspire public confidence. In Aberca vs.Ver,122 the Supreme Court said that, while it is the duty of the AFP to prevent or suppress lawless violence, insurrection, and rebellion, “this cannot be construed as a blanket license or a roving commission untrammeled by any constitutional restraint, to disregard or transgress upon the rights and liberties of the individual citizen enshrined in and protected by the Constitution.” The principle of accountability of public officials under the Constitution does not permit a superior official to “relax his vigilance or abdicate his duty to supervise his subordinates, secure in the thought that he does not have to answer for the transgressions committed by the latter against the constitutionally protected rights and liberties of the citizen.”123 In the same case, the Supreme Court emphasized that Article 32 of the Civil Code makes the persons who are directly or indirectly responsible for HR transgressions joint tortfeasors.124 117. As a demonstration of the AFP’s sincerity to enforce accountability, it is strongly urged to subject military personnel implicated in the issues of the Lumad evacuees to administrative and/or criminal actions. This includes the rape or sexual abuse of Lumad women, notwithstanding the settlement of cases with the victims. While victims may enter into compromises with the alleged violators, such cover only the civil liability and not their administrative and criminal liabilities. 118 Human Rights Committee, Communication No. 1560/2007, Orly Marcellana and Daniel Gumanoy v. Philippines, Views adopted on 30 Oct0ber 2008, CCPR/C/94/D/1560/2007. 119 Id., para. 7.3. 120 Id., para. 9. 121 See Human Rights Committee, Communication No. 1560/2007, UN Doc CCPR/C/94/D/1560/2007. 122 G.R. No. L-69866, April 15, 1988. 123 Id. 124 Id. 27