THE Department of Justice (DOJ) on Wednesday filed a petition before the regional trial court in Manila to declare the Communist Party of the Philippines (CPP) and its armed wing, the New People’s Army (NPA) or the Bagong Hukbong Bayan, as terrorist groups.
The DOJ filed the petition for proscription through Senior Assistant State Prosecutor Peter Ong pursuant to Section 17 of Republic Act (RA) 9372, or the Human Security Act of 2007.
If granted, this will allow the government to seek clearance from the Court of Appeals to engage in wiretapping activities against the communists, as well as apply for a freeze order on, and examination of, the bank accounts and assets of their leaders and identified members.
In seeking to declare the communist groups as terrorists, the justice department highlighted the atrocities that the groups committed over the years.
These include 12 incidents in 2017, such as the ambush-slay of four policemen in Davao del Sur; the ambush of Army soldiers on relief operations to victims of tropical storm Urduja in Northern Samar; the ambush in Tikalaan, Talakag town, Bukidnon, that killed a 4-month-old baby girl and a policeman; and the attack on the Presidential Security Group convoy in Arakan, Cotobato.
These series of attacks by the NPA angered President Duterte and publicly tagged the group as terrorist.
The DOJ emphasized that the groups were organized for the purpose of engaging in terrorism and, in fact, have been committing acts that fall under the RA 9372.
Also cited in the petition was the purging activities of the CPP dubbed as “Kadena de Amor, Takip Silim, Kampanyang Ahos, Operation Missing Link, Zombie, Olympia,” which, the petition said, are all aimed at cleansing its ranks of government infiltrators.
It also accused the groups of being “insincere” in finding peaceful solutions to the decades-long insurgency problem in the country.
“From the foregoing, respondents CPP and NPA are merely buying time by deceiving the Philippine government in entering into peace talks, while their main purpose is to mobilize all their forces in preparation for the ‘people’s war’ aimed at overthrowing the duly constituted authorities, seizing control of the Philippine government and imposing a totalitarian regime,” the 55-page petition read.
“Thus, there is no other time to put an end to their deception, to their ‘protracted people’s war’ and to their evil plan of imposing a totalitarian regime, but through the filing of this petition and, consequently, by declaring respondents CPP and NPA as terrorist and outlawed organization, associations and/or group of persons,” the petition added.
Ong said the leaders of the CPP and NPA are expected to be summoned by the court to answer the petition.
“We will follow the rules on civil procedures. Their leaders will be summoned to answer the petition,” the prosecutor said.
Ong said officers from the National Intelligence Coordinating Agency and the Intelligence Service of the Armed Forces of the Philippines assisted him in coming up with the petition.
When asked why the National Democratic Front was not included, Ong said the order issued by Justice Secretary Vitaliano N. Aguirre II to him was only for the CPP-NPA, adding it was also the same guidance issued by Aguirre to the prosecutor general.
It would be recalled that President Duterte last December signed an order declaring the CPP-NPA as a terrorist organization and ordered Aguirre to immediately file a petition before the Manila RTC to classify the communist movement as a terrorist group under the Human Security Act of 2007.
Under the said law, a person found guilty of terrorism shall be meted a jail term of up to 40 years without parole.
The crime is given heavier penalty compared to rebellion which is punishable by reclusion perpetua or also up to 40 years imprisonment, but eligible for pardon or parole.