JUSTICE Secretary Vitaliano N. Aguirre II has ordered the Office of Prosecutor General (OPG) to file a formal petition before the regional trial court (RTC) to declare the Communist Party of the Philippines (CPP) and its armed wing, the New People’s Army (NPA), as terrorist groups.
Aguirre said the filing of the petition is pursuant to the provisions of Republic Act (RA) 9372, or the Human Security Act of 2007.
“The OPG is directed to file necessary application or petition organization with appropriate court for the proscription or declaration of the CPP-NPA as a terrorist organization pursuant to RA 9372,” Aguirre said in his Department Order 779 issued on Wednesday.
Aguirre noted that Section 17 of RA 9372 compels the Department of Justice (DOJ) to seek prior clearance from the court before an organization, association or group of persons could be declared a terrorist and outlawed group.
In the same order, Aguirre instructed the OPG to request assistance from the concerned agencies and to submit regular reports of the actions taken in the implementation of the order.
The justice secretary has expressed confidence that the court would side with President Duterte’s decision to declare the CPP and NPA as terrorist groups.
In a related development, the DOJ has filed a motion before the Manila RTC Branch 32 seeking to void the temporary liberty granted to alleged CPP leaders Benito Tiamzon, his wife Wilma and Edilberto Silva.
State Prosecutors Olivia Laroza-Torrevillas and Aristotle Reyes submitted the motion on November 24 after the President announced that the government was formally withdrawing from the negotiation table.
“In view of the cancellation of the peace talks, there is no more legal ground for the continuous provisional liberty of the accused,” the motion read.
“Thus, the immediate recommitment and cancellation of bail of all the accused should logically follow,” it added.