THE Communist Party of the Philippines and its armed wing, New People’s Army, have been responsible for terrorist activities in different provinces, according to the Department of Justice.
Senior Assistant State Prosecutor Peter Ong, head of the panel tasked to seek before the regional trial court for declaration of the CPP-NPA as a terrorist group, disclosed they have gathered documents and evidence showing offensives committed by the communist group that might constitute as terrorist acts under Republic Act 9372 or Human Security Act.
Ong cited military and police reports on various incidents, including the recent attack on rescue operations in Northern Samar during the Typhoon “Urduja” and other attacks in Surigao del Norte, Negros, Ozamiz and Bukidnon.
The DoJ official stressed the reports as well as affidavits of witnesses would be included in the petition to be filed by the DoJ this month before a regional trial court seeking to declare CPP-NPA as a terrorist group.
“They committed terrorist acts that will justify in designating them [CPP-NPA] as terrorist organization,” Ong told reporters.
According to him, the petition would also explain the history of the communist organization that would explain their tactical offensives, but said the petition would cover only incidents during the Duterte administration.
“There are incidents in the past showing a pattern of tactical offensives. I had to do some research and also look at affidavit of witnesses,” he said.
Ong admitted their investigation showed how the CPP-NPA did not honor the good faith and sincerity extended by the Duterte administration and continued their offensives during the earlier peace talks.
But he clarified that the petition will target the organization and not its individual officials like founding chairman Jose Maria Sison.
“But there are implications once the petition is granted and they are declared a terrorist group. Under the Human Security Act, you can apply for judicial order for wiretapping against members of a terrorist organization. You could also apply surveillance of bank accounts or freeze their assets,” Ong pointed out.
Ong is head of the team created by Aguirre to draft the petition following President Rodrigo Duterte’s decision to issue a proclamation naming the CPP as a terror group.
Section 17 of Republic Act 9372 requires the DoJ to first seek clearance from the court before an organization, association or group of persons can be declared as terrorist and outlawed group.
Last November, the DoJ moved for the arrest of key leaders of communist group National Democratic Front—political arm of CPP—who were earlier granted provisional bail for their participation in the botched peace talks.
Prosecutors filed a motion before the Manila regional trial court branch 32 seeking cancellation of bail grant on 20 NDF consultants led by spouses Benito and Wilma Tiamzon.
The DoJ made the move after President Duterte canceled the peace talks and publicly branded the Communist Party of the Philippines as a terrorist group.
“In view of the cancellation of the peace talks, there is no more legal ground for the continuous provisional liberty of the accused. Thus, the immediate recommitment and cancellation of bail of all the accused should logically follow,” read the pleading.
The NDF leaders were granted bail upon initiative of the government last year for their participation in the peace process between the communist rebels and the government.
The Supreme Court, in its resolution in August last year, granted bail to the communist leaders for their participation in the peace talks in Norway under specific conditions.
The ruling was adopted by the RTC.
One of the conditions was that once their participation ceased or the peace negotiations were terminated, the bail bonds shall be “deemed automatically canceled.”