A ranking Department of Justice official on Thursday defended the designation of Communist Party of the Philippines (CPP) founder Jose Maria “Joma” Sison and several others as “terrorists,” saying such process had gone through proper evaluation under the mechanisms being followed by the Anti-Terrorism Council (ATC).
Justice Undersecretary Adrian Sugay said Sison and the other names were first referred to a technical working group (TWG) for purposes of evaluating the basis for the designation.
“The TWG then referred its recommendation/s to the council for consideration/adoption,” Sugay said.
Free to freeze
With the designation, Presidential Spokesman Harry Roque said the government, through the Anti-Money Laundering Council (AMLC) can now freeze the assets of Sison and his group.
Roque lauded the decision of the ATC, which, he said, would help prevent the perpetration of terroristic acts in the country.
“What is important is they will no longer be able to use their funds to continue their terroristic acts among others,” Roque said.
He pointed out the ATC decision is based on the definition of terrorists being used by no less than the United Nation Security Council through its resolution.
The Palace official also downplayed public concern the ATC could abuse its power to go after critics of the government.
He noted those people accused of being terrorists are still protected by the Bill of Rights, which guarantees “no person shall be deprived of life, liberty, or property without due process of law.”
Without due process?
Sugay’s statement came after several groups lambasted the ATC for designating these individuals as terrorists without due process and evidence.
The ATC on Thursday issued Resolution 12 designating the members of the Central Committee of the Communist Party of the Philippines-New People’s Army (CPP-NPA) led by Sison as terrorists.
Aside from Sison, also designated as terrorists were his wife Julieta, Vicente Ladlad, Rafael Baylosis, Jorge Madlos, Rey Casambre, Abdias Gaudiana, Alan Jazmines, Wilma and Benito Tiamzon, Adelberto Silva, Ma. Concepcion Araneta-Bacala, Dionesio Micabalo, Myrna Sulante, Tirso Alcantara, Pedro Codaste, Tomas Dominado, Ma. Loida Pagpatoc, and Menandro Villanueva.
Both Sison and his wife are living in exile in The Netherlands.
“Most, if not all, of the designated individuals are out of the country or are at-large,” Sugay said.
The ATC has also issued a separate resolution designating as terrorists 10 individuals for their links with the terrorist group Abu Sayyaf and Daulah/Dawlah Islamiyah (DI).
They are Esmael Abdulmalik, Raden Abu, Esmael Abubakar, Muhiddin Animbang, Salahuddin Hassan, Radzmil Jannatul, Majan Sahidjuan, Faharudin Benito Hadji Safar, Mudsrimar Sawadjaan and Almujer Yaddah.
The designation of the said individuals will lead to the freezing of their assets by the Anti-Money Laundering Council (AMLC) for 20 days.
The preventive freeze order may be extended under the provisions of the Anti-Terrorism Act of 2020 for up to six months upon approval by the Court of Appeals (CA).
“The issuance of the preventive freeze order is really up to the AMLC. The law provides that the ex-parte order to freeze should be issued without delay,” Sugay explained.
“As to the assets, the relevant data is with the AMLC and is subject to relevant provisions of the Anti-Money Laundering Law and the Terrorist Financing Prevention and Suppression Act,” the DOJ official said when asked whether the assets that would be covered by the freeze order are substantial enough to affect, paralyze or restrict alleged terroristic activities of the designated individuals.