Abu Sayyaf group. AP FILE PHOTO
With the Basilan Court’s declaration that the Abu Sayyaf is now officially a terrorist group, Justice Secretary Leila de Lima on Friday said the government can intensify its effort in prosecuting not only its members but its supporters and financiers.
“The proscription against the ASG (Abu Sayyaf Group) as a terrorist organization which was granted by the Regional Trial Court of Basilan only formalizes the long standing position of the government that the group is nothing more than a terrorist organization, thereby boosting the government’s effort to put an end to its existence and to capture all its members,” de Lima said.
READ: Philippine court designates Abu Sayyaf a terrorist group
She said the government can now prosecute the group members, financiers and supporters under Republic Act 9372 or the Human Security Act (HSA) and Republic Act 10167 or the Terrorism Financing Prevention and Suppression Act.
RA 10168 supplemented the HSA because it criminalizes the financing of terrorism imposing a penalty of reclusion perpetua or up to 40 years imprisonment and a fine of up to P1 million.
Under the law, the Anti-Money Laundering Council is authorized to investigate funds of suspected persons supporting terrorist groups and activities.
“It adds to the government’s legal arsenal in its fight against terrorism in the Philippines, specifically against the ASG and its allied organizations and individual supporters, both foreign and domestic,” de Lima said adding that the Basilan Court’s ruling can be invoked nationwide.
The Basilan Court has granted the petition of the Department of Justice (DOJ) to declare the ASG as terrorists.
Basilan Judge Danilo Bucoy said the DOJ has complied with the requirements set under the HSA including the submission of proof that the Abu Sayyaf was organized for the purpose of sowing terror, coercing the government to give to unlawful demands, among others.
“From its preamble alone, it can already be said that the Abu Sayyaf is resolute and determined to use whatever means, including terrorism, if only to achieve its purpose, that is to supplant the existing form of government with their own version of an Islamic State,” the court said.
It added that while the word “terrorism” was not in the preamble, “its concept and essence are all over it and are therefore, deemed written into it.”
The court also took into consideration the documents and witnesses presented by the government.
The court said the witnesses who passed the court’s intense scrutiny “deserve praise and commendation for their courage and audacity to stand against this violent, treacherous and vicious organization.
It took the court more than four years to rule on the government’s petition which was filed in 2011.
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