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Republic of the Philippines

UNICEF PHILIPPINES
THE Philippine Foundation for Children
Charging
COMMANDER CABO, in his capacity as
Military Commander General of the Radical People Army
Of the Philippines (RPA)
With

War Crimes and Crimes in Violation of the


Convention on the Rights of the Child and
International Humanitarian Laws
Counter-Affidavit

I, Commander Yham CABO Nahra, of legal age citizen and a resident of Tipo-Tipo
Basilan, after having been sworn to in accordance with law hereby depose and state
that:
1.
I am the founder and the Military Commander General of the Radical People Army of the
Philippines (RPA), which was formed in February 27, 2000 in the southern part of the Philippines;
2.
That Mac SPAG Getti is one of the Senior Generals of RPA and also the person in-charge of
the enlistment of children by virtue of consanguinity (Annex A);
3.
That the said children were not recruited forcefully and their potential and capability to be a
soldier of RPA was rigorously considered;
4.
That these children are not put into battle without proper combat training and without reaching
the age of 20.
5.
I deny the allegations in Paragraph 5 of the Complainants Affidavit-Complaint for the lack of
knowledge as to the truth of the said allegations, the truth being that:
a.
The Government of the Philippines (GPH) and the Radical People Army (RPA) agreed on an
election ceasefire, and the the Guidelines for Mutual Understanding (MOU) for Ceasefire-Related
Functions during the May 2013 polls was signed by both parties (Annex B).

b.
On May 22, 2013, upon receiving a tip that a Military Intelligence (MI) about the location of
RPA has reached the Armed Forces of the Philippines (AFP), I planned for an immediate transfer to one
of our satellite camps for the safeness of my people.
c.
That on the following day, May 23, 2013, I organize my fellow men in the camp for the urgent
transfer to the other satellite camp. That on our way to the said camp, we heard gunshots from a distance,
and we fully realize that these shots are aiming at us since four of our men got injured.
d.
That for our self-preservation and the protection of the other members especially the women and
the children, weve decided to fire back.
e.
That this encounter left our group with almost 600 casualties. 403 died and 269 of them are
children.
6.
I deny the allegations in Paragraph 6 of the Complainants Affidavit-Complaint for the lack of
knowledge as to the truth of the said allegations, the truth being that:

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