Sen. Panfilo Lacson (File photo from the Philippine Daily Inquirer)
Instead of signing a proclamation, President Rodrigo Duterte should go through a legal process first before there could be an official declaration of the Communist Party of the Philippines and New People’s Army (CPP-NPA) as terrorist organizations, according to Sen. Panfilo “Ping” Lacson.
“To declare the CPP-NPA a terrorist group or organization, we have to deal with the legal issue of proscription,” Lacson said in a statement on Tuesday following Duterte’s issuance of a proclamation declaring communist rebels as terrorists.
Citing the Human Security Act (Republic Act No. 9372), Lacson explained that the Department of Justice (DOJ) should first elevate the issue before a regional trial court.
“Section 17 of the Human Security Act would require the DOJ to apply before a competent Regional Trial Court which in turn will rely on due process such as due notice and right to be heard before legally declaring the CPP-NPA a terrorist organization,” Lacson said.
Section 17, entitled “Proscription of Terrorist Organizations, Association, or Group of Persons,” states that any group engaging in terroristic acts should be declared a “terrorist and outlawed organization” by a trial court upon filing of a petition by the DOJ.
Presidential spokesman Harry Roque on Tuesday announced that Duterte had signed a proclamation declaring the CPP and NPA as terrorist groups.
Roque said that Justice Secretary Vitaliano Aguirre II had already been instructed to file a petition before the RTC in Manila to classify the CPP-NPA as terrorist groups.
Roque said that any person caught financing and supporting the CPP-NPA would be held liable under the law.
“I quote the penultimate portion: ‘In this regard I hereby direct to publish the foregoing designation of the CPP-NPA and all other designated persons, organizations in accordance with Section 3 and 15 of RA 10168 and its implementing rules and regulations’,” Roque said.
Republic Act No. 10168 is Terrorism Financing Prevention and Suppression Act, which has provisions on the financing of terrorist groups. /atm