Exclusion of names in terror tag petition vs. CPP up to court: DOJ

“The petition to declare the CPP-NPA-NDF (National Democratic Front) as terrorist organization under the Human Security Act is now pending in court. We will leave it up to the court to make the final determination,” Guevarra said in a text message to reporters.(PNA Photo)

MANILA — It is up to the Manila Regional Trial Court (RTC) on whether or not to declare as terrorists more than 600 personalities who are affiliated with the Communist Party of the Philippines-New People’s Army (CPP-NPA), the Department of Justice (DOJ) said Tuesday.

Justice Secretary Menardo Guevarra made the statement in response to calls asking for the exclusion of some indigenous peoples in the list submitted by the DOJ in its petition filed in court.

“The petition to declare the CPP-NPA-NDF (National Democratic Front) as terrorist organization under the Human Security Act is now pending in court. We will leave it up to the court to make the final determination,” Guevarra said in a text message to reporters.

On Tuesday, groups such as Kalipunan ng mga Katutubong Mamayan ng Pilipinas, Philippine Task Force for Indigenous People’s Rights (TFIP), and Indigenous Peoples Movement for Self-Determination and Liberation (IPMSDL) submitted a letter to Guevarra asking to exclude indigenous peoples from the list.

The groups informed Guevarra that the list includes “at least 30 indigenous peoples who are members of indigenous peoples’ organizations and networks.”

“In light of this, we are submitting to your office a ‘Letter of concern on the increasing harassment and intimidation of indigenous peoples’ leaders and human rights defenders in the Philippines,’ that appeals to: Dismiss the petition naming indigenous peoples’ leaders and human rights defenders as alleged terrorists; Ensure the physical safety of indigenous peoples’ leaders and human rights defenders; and Abide by State obligations to protect human rights and fundamental freedoms, including access to justice, freedom of expression and of association,” the groups appeal added.

The petition filed by the DOJ before the Manila RTC last March seeks to declare communist leaders and their armed members as terrorists.

The DOJ submitted to the court a list of over 600 personalities, including CPP founder Jose Maria Sison, peace negotiator Luis Jalandoni, former lawmaker and leftist leader Satur Ocampo, and Victoria Tauli-Corpuz, UN special rapporteur on the rights of indigenous peoples.

Also in the list are alleged CPP leaders Benito and Wilma Tiamzon, National Democratic Front of the Philippines (NDFP) consultant Rafael Baylosis, former peace panel chief Luis Jalandoni, human rights lawyer and former Baguio City councilor Jose Molintas and Cordillerans Joanna Carino, Windel Farag-ey Bolinget, Sherwin De Vera, Beverly Sakongan Longid and Jeannette Ribaya Cawiding.

The petition was filed following the termination of the peace talks between the government and the CPP in November last year.

Duterte initiated formal peace talks with the NDF shortly after winning the presidency in 2016 but canceled them in November last year amid continued attacks of the NPA on government forces and civilians.

The President signed a proclamation in December 2017 declaring the CPP-NPA as a terror organization using Republic Act 10168 or the Terrorism Financing Prevention and Suppression Act of 2012 as basis.

In a 55-page proscription petition, the DOJ asked the Manila RTC to issue an order declaring the CPP and NPA, also known as the Bagong Hukbong Bayan, as terrorist and outlawed organizations, associations or group of persons pursuant to Section 17 of RA 9372 or the Human Security Act of 2007.

The petition was basically based on two grounds: that the organization, association or group of persons were organized for the purpose of engaging in terrorism; and that even if the organization, association or group of persons was not organized to engage in terrorism, it still commits acts of terrorism, such as murder and arson and other activities, for the purpose of sowing terror.

The petition also said that the CPP-NPA is just buying time by deceiving the government in entering into peace talks while their main purpose is to mobilize their forces in preparation for a “people’s war” to overthrow the duly-constituted authorities, seize control of the government, and impose a totalitarian regime.

It added that the CPP-NPA also committed acts of terrorism, such as murder, kidnapping, arson and other activities, to sow terror and panic.