Terror tag on NPA: Legal fronts may be implicated

MANILA, Philippines — Now that the Communist Party of the Philippines and its New People’s Army (CPP-NPA) have been declared by the government as terrorist groups, their legal front organizations can likewise be implicated in their crimes.

This was the assertion made yesterday by National Security Adviser Hermogenes Esperon Jr. after the Anti-Terrorism Council (ATC) came out with a resolution last Dec. 9 designating the CPP-NPA as terrorist groups.

The ATC is the main implementing body of Republic Act 11479, the Anti-Terrorism Act of 2020 (ATA).

Esperon said these “legal fronts” can expect more cases to be filed against them and mentioned the Makabayan bloc – a group of elected party-list representatives in Congress – as among them.

“We are saying that they are implicated. They could be implicated because of evidences as borne out in the hearings and witnesses and all others,” he said in a phone interview.

It was apparent that Esperon was alluding to recent Senate hearings on red-tagging in which resource persons from the military and alleged former communist rebels accused Makabayan bloc legislators of being members of the CPP-NPA and leaders of its front organizations.

“We want to complete the actions by legal means through the courts. Yes, they can expect more cases,” Esperon said.

He said the ATC is already preparing a slew of legal cases against these supposed legal fronts of the CPP-NPA.

These cases include the possible disqualification of the Makabayan bloc from the House of Representatives before the Commission on Elections (Comelec), he added.

Esperon said they already have taken Gabriela – which has a representative in the House – to Comelec because they have allegedly been receiving funds from foreign sources.

“Gabriela first, that does not preclude others from Makabayan,” he said.

The presidential adviser said they could also be charged with violations of the ATA and even crimes listed in the Revised Penal Code, such as sedition, rebellion and illegal possession of firearm.

“We have been given the legal arm and authorization (under RA 11479) to apprehend and take action against them. It may have been difficult but now we have the law of the land against them,” Esperon said.

He added: “We are not warning the legal fronts. We would like to inform our countrymen that association with these legal fronts and the CPP-NPA would bring them nothing good. They could be charged with provisions of the ATA as well as the RPC.”

Following its designation of the CPP-NPA as terrorist groups, the ATC is busy with the proscription application before the Court of Appeals, which aims to effectively outlaw the organization.

Other organizations, such as Daulah Islamiyah and IS-inspired groups, including the Maute group, have also been designated as terrorist groups by the ATC.

Once designated as a terror group, the individual or organization shall be subject to the authority of the Anti-Money Laundering Council to freeze any of their properties or funds.

The ATC is mandated to post and publish in a newspaper the designation of a terror group or individual.

A request for delisting may be filed before the ATC within 15 days from the publication of their designation.

The request for delisting may only be based on either mistaken identity, relevant change of circumstance, newly discovered evidence, the death of the designated person, the dissolution of the organization or any other circumstance that would show that the basis for designation no longer exists.