Military is accountable for the death of hors de combat in Masbate

[KARAPATAN Public Information]

PRESS RELEASE

May 15, 2026



Reference: Cristina Palabay, KARAPATAN secretary general, 09173162831

KARAPATAN Public Information Desk, 09189790580

Military is accountable for the death of hors de combat in Masbate 



Human rights alliance KARAPATAN condoles with the family of Raul Tolingin, 57, an hors de combat in Bicol, and said that the military should be held accountable for his death while under military custody on May 13, due to complications arising from injuries he sustained in what witnesses and rights advocates described as a “fake encounter” in Brgy. Miabas, Palanas, Masbate.

According to reports from KARAPATAN Bikol, Tolingin, an alleged member of the New People’s Army, had long been suffering from serious illnesses, including diabetes and rheumatism, and had difficulty walking. In the early morning of May 10, 2026, soldiers from the 2nd Infantry Battalion under the 9th Infantry Division of the Philippine Army indiscriminately fired at the house where he was staying, later declaring the incident in the media as an “encounter.” Tolingin sustained a gunshot wound to the thigh and was taken alive by the military to a hospital.

Upon learning of the incident, Tolingin’s family searched for him, but the military allegedly refused to disclose his whereabouts and condition. It was only on the night of May 12, when his condition had already severely deteriorated, that relatives were able to locate him at the Masbate Provincial Hospital.

“Tolingin was clearly an hors de combat, incapacitated by illness and unable to fight. Under International Humanitarian Law, hors de combat are protected from attack and must be treated humanely. Shooting him, withholding information on his whereabouts from his family, and allowing his condition to deteriorate while in military custody constitute grave violations of IHL and human rights,” said KARAPATAN secretary general Cristina Palabay.

The group also cited the military’s failure to ensure proper medical care and assistance to Tolingin, another violation of IHL protections accorded to persons hors de combat.

According to Tolingin’s family, the private hospital that initially admitted him in Masbate had already referred him for surgery to a hospital in Legazpi City, Albay. Instead, the military transferred him to a public hospital within Masbate. Doctors there likewise recommended that Tolingin be immediately transferred to Legazpi upon assessing his critical condition.

At that point, however, the military allegedly told the family that they themselves would have to shoulder the expenses for the patient’s air transfer and hospitalization in Legazpi City. Tolingin died at around 11:00 p.m. on May 13.

“Tolingin’s condition clearly worsened because of the military’s refusal to facilitate his transfer for urgently needed medical treatment. The burden was instead passed on to his family, who did not have the means to immediately transport him to mainland Luzon. The military cannot wash its hands clean for Tolingin’s death, especially after concealing information about his actual condition from his loved ones,” Palabay said.

“The AFP cannot invoke anti-insurgency operations to conceal violations of the laws of war. Under International Humanitarian Law, persons hors de combat are entitled to medical attention and proper care from their captors,” she added.

KARAPATAN stressed that Tolingin’s death adds to the growing list of alleged IHL violations not only in Masbate but across the Bicol region, where communities have repeatedly documented cases of fake encounters, extrajudicial killings, illegal arrests, torture, and military encampment in civilian communities.

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KARAPATAN is an alliance of human rights organizations and programs, human rights desks and committees of people’s organizations, and individual advocates committed to the defense and promotion of people’s rights and civil liberties.  It monitors and documents cases of human rights violations, assists and defends victims and conducts education, training and campaign.  It was established in 1995.