Ping says Duterte ‘declaration’ of CPP-NPA as terrorists just an opinion, not legally binding. Here’s why

President Rodrigo Duterte’s “declaration” of the Communist Party of the Philippines and New People’s Army as terrorists can be considered just an opinion, not a legally binding policy, Sen. Panfilo Lacson said Thursday.

Lacson said that under the newly signed Anti-Terrorism Act of 2020, only the the Court of Appeals can order the proscription of a group as a terrorist organization.

In a statement, he said that if the President – in “declaring” a group, organization or association as a terrorist organization – is referring to its proscription, there is a judicial process involved. This means full court intervention via the Court of Appeals, complete with due notice and hearing.

“Under the Anti-Terrorism Act of 2020, only the Court of Appeals can order the proscription – not the Anti-Terrorism Council, nor the President. Further, the burden of proof lies with the Department of Justice. Even membership in a proscribed terrorist group goes through the same due process which the DOJ has to prove,” he said.

“Therefore, the ‘declaration’ is a personal opinion of the President, not official. The trial of the proscription case against the CPP-NPA is still pending before the Manila RTC. With the passage of the Anti-Terrorism Act of 2020, the trial will be transferred to a division of the Court of Appeals to be authorized by the Supreme Court,” he added.

Lacson noted that if Duterte is referring to the designation of a terrorist individual, group and organization by the ATC, it does not involve arrest and detention but a mere signal for the ATC to request the Anti-Money Laundering Council to issue a freeze order of the accounts and assets of the designated terrorist person or group.

Designation for the purpose of freezing the accounts and assets is also not exempt from judicial scrutiny since the said designated individual or group can still file a petition with the Court of Appeals to appeal such freezing of their accounts, he said.

The designation follows the guidelines and standards set by the United Nations Security Council Resolution 1373, he added.

“It is not absolute or discretionary on the part of the ATC,” Lacson said.

Source: Latest Politics News Today (Politics.com.ph)