recruitment by the AFP of IPs to support the Alamara.17 10. Quoting the UN definition of militarization as the act of assembling and putting into readiness the society for war and emergency, the Army contended that there was no “militarization” in Talaingod and Kapalong. They argued that, their troops entered only in response to massive NPA activities18 that were monitored and reported to them. 11. In 2012, the military monitored that the Headquarters of the Southern Mindanao Regional Committee of the NPA moved from the boundaries of Compostela Valley Province and Davao Oriental to Talaingod and Kapalong, after the devastation of Typhoon Pablo. They emphasized that the deployment of military troops was properly coordinated with the concerned local government units, tribal councils, and local residents. 12. Since 2014, in Kapalong and Talaingod, the military discovered 17 NPA camps;19 figured in 27 encounters with the NPAs,20 and recovered 12 highpowered firearms.21 In the process, 89 NPAs surrendered, and 11 died from the said encounters.22 13. Although the Army’s 10th ID, claimed 27 encounters with enemy forces/ NPAs,23 Attachment “B” to the letter of Maj. Gen. Valencia shows 29 encounters, 20 of which occurred in 2014, and nine in 2015.24 Of the 20 encounters in 2014, 11 occurred in Barangay Gupitan, Kapalong;25 and six in Barangay Palma Gil and three in Barangay Dagohoy, in Talaingod. 14. Of the nine encounters in 2015 in Davao del Norte, five occurred in Barangay Palma Gil and three in Barangay Dagohoy, Talaingod; and one in Barangay Florida, Kapalong. No encounter was reported in the year 2015 in Barangay Gupitan, Kapalong. 15. The conduct of combat operations in Talaingod and Kapalong evidently showed that there were NPA forces in said areas. Thus, the express admission by the military of their entry into the area, albeit in response to massive NPA 17 The 10th ID PA Commander also submitted additional documents, marked as follows: “A” – Number of IP who are CAFGUs from Talaingod and Kapalong; “B” – The number, frequency and nature of Peace and Development Outreach Program (PDOP) undertaken in Talaingod and Kapalong from January to August 2015; “C” – The cases filed against the forces of the Philippines within the AOR of 10ID and the latest update on their status; “D” – List of cases docketed before the 10th ID for disciplinary action and the status/result of APF Disciplinary action; and “E” – Updates and status of rape case allegedly committed by the AFP members in Davao del Norte. 18 It is settled that the term “war and emergency” may not refer solely to a full-scale war between government forces of two or more States that is international in character but includes internal armed conflicts or emergencies, such as that between the AFP and the NPA, the armed group of the CPP-NDF. 19 Tab “A” – List of Enemy Camp discovered attached to the letter/position paper of M/Gen Rafael C. Valencia, Commander, 10th ID PA]. 20 Tab “B” – List of Encounters attached to the letter/position paper of M/Gen. Valencia. 21 Tab “C” – List of Recovered Firearms [attached to the letter (position paper) of M/Gen Valencia. 22 Tab “D” – List of Surrenders [attached to the letter (position paper) of M/Gen Valencia. Attachment “D” shows that from 2 January 2011 to 17 September 2015, there were 89 surrenderees. Of the 89, 16 surrendered in 2011, 13 in 2012, 20 in 2013, 11 in 2014, and 29 in 2015. Thirty-six are from Kapalong while 16 are from Talaingod. 23 Letter of M/Gen Valencia dated Oct. 29, 2015. 24 Refer to Attachment “B” to letter of M/Gen Valencia. 25 Barangay Gupitan, Kapalong: Encounters took place on March 10, July 29, Aug. 6, Aug. 11 (2 encounters), Aug. 27 (2 encounters), Sept. 14, Oct. 25, Oct. 26 and Oct. 29, 2014. 7

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