Lawyer says terror groups must be "judicially declared" as such

CEBU, Philippines - ANAD Party List has moved to file a bill to declare the CPP-NPA a terrorist group, but lawyer Paul Oaminal, law author of the Human Security Act of 2007 advised ANAD Party List Rep. Pastor Alcover to instead coordinate with the Department of Justice to observe the command of the anti terrorism law.

Oaminal suggested that instead of filing a bill, ANAD can ask the DOJ to apply for the judicial declaration of NPA and other publicly perceived terrorist group such as the Abu Sayyaf through the Anti-Terrorism Council.

Oaminal said that one of the advantages in having a group judicially declared as terrorist is the easier surveillance of suspects and interception and recording of communication as an exemption to the Anti Wiretapping Law under Section 7 of the statute.

 “It is ironic that despite the public branding of Abu Sayyaf or NPA as terrorist, up to the present they have not been judicially declared as terrorist. This is important as arresting a person even though he may admit as a member of a publicly branded terrorist group, under the eyes of the law he is not a terrorist even if all the elements for the crime of terrorism be committed by the accused,” Oaminal said. — Mitchelle L. Palaubsanon/JMO (THE FREEMAN)