CA junks Arnie Teves petition vs ‘terrorist’ designation

MANILA, Philippines – The Court of Appeals (CA) has dismissed the petition of expelled lawmaker Arnolfo Teves Jr. seeking to nullify a resolution that designated him and his armed group as terrorists.

In a 65-page decision on Nov. 26, the CA’s Ninth Division said there was ample evidence to establish probable cause that Teves committed acts that constitute terrorism, justifying his designation as a terrorist.

According to the appellate court, an act does not need to reach the magnitude of mass casualty bombings or territorial sieges before it qualifies as terrorism.

“As long as the elements of actus reus (overt act) and mens rea (criminal intent) are probably present, and in light of the evolving nature of terrorism—as well as the fact that designation serves both preventive and counterterrorism purposes—the designation is legally tenable,” the CA said in the ruling penned by Associate Justice Selma Palacio Alaras.

Teves’ petition stemmed from the Pamplona massacre in March 2023 when his political rival, the late Negros Oriental Gov. Roel Degamo, along with nine others, were killed in an attack at the governor’s residence.

Degamo along with several civilians were gunned down while the governor was distributing aid to the local beneficiaries of the Pantawid Pamilyang Pilipino Program.

The 10 suspects allegedly involved in the killing initially said, but later recanted, that Teves was the mastermind of the assassination plot.

The National Bureau of Investigation then filed multiple counts of murder, multiple counts of frustrated murder, and multiple counts of attempted murder against Teves and several others before the Department of Justice on May 18, 2023.

The authorities also recovered and seized long and short firearms, ammunition, and explosives, among others in several locations linked to Teves, which resulted in the filing of cases of illegal possession of firearms and explosives against him and his group.

The Anti-Terrorism Council (ATC), after finding that the incidents of assassinations and intimidation were all part of a “broader pattern of violence” orchestrated by Teves and his group in Negros Oriental, ruled that there was probable cause to designate them as terrorists.

READ: Teves: Suspect, ‘terrorist,’ now expelled lawmaker

Teves then filed the petition before the CA, accusing the ATC of grave abuse of discretion for supposedly forcing the application and coverage of the Anti-Terrorism Act on him and the other co-accused, in relation to the criminal cases filed by the DOJ.

He argued that for terrorism to be committed, the overt acts enumerated in the law must concur with the criminal intent, that is, to intimidate the general public, or a segment of it, create an atmosphere, or spread a message of fear among others.

He claimed there was no organizational structure and pattern of orchestrated action, purportedly because the crimes attributed to them were “isolated from each other” and were “ordinary” crimes.

On the substantive issues, the CA disagreed with Teves’ arguments, ultimately denying his petition.

Except for Degamo, who was assassinated allegedly upon Teves’ order, the CA took note of how the other victims in the attack were killed “by chance.”

“The attacks spread fear as the violence is directed, unexpectedly, against innocent victims, which in turn puts pressure on the local government of Negros Oriental to give in to the political and economic motives of Arnolfo Teves for the purpose of continuously maintaining their reign of power in the province,” the CA said.

Teves insisted that the 10 suspects in the Pamplona massacre initially pointed him as the mastermind, but had since recanted.

The CA, however, said that the assailed ATC resolution was not just based on those testimonies alone as the council’s decision had other pieces of evidence, among them the police’s investigation report about the 2019 killings in Negros Oriental, extrajudicial confessions linking him to 2019 murders in the province; complaints filed against him, as well as CCTV footages and sworn statements showing his involvement in different killings.

Aside from the Pamplona massacre, where Teves is facing 10 counts of murder, 13 counts of frustrated murder, and four counts of attempted murder pending before the Manila Regional Trial Court, the former lawmaker is also implicated in the 2019 killing of Michael Dungog and Pacito Libron.

He is also facing a terrorism financing case pending before the Quezon City Regional Trial Court, and a separate illegal possession of firearms and explosives charge before the Manila RTC. /cb