Govt sets freeze of NDF assets after ‘terrorist organization’ tag
THE Anti-terrorism Council (ATC) has designated the National Democratic Front (NDF), also known as the National Democratic Front of the Philippines (NDFP), as a “terrorist organization.”
In a five-page resolution, the ATC through its chair Executive Secretary Salvador Medialdea, said the NDF’S designation as a terrorist group was based on “verified and validated information as well as testimonial and documentary evidence” that the group has “committed, or attempting to commit, or conspire in the commission of the acts defined and penalized under Sections 7, 10, and 12 of the ATA [Anti-terrorism Act].”
The ATC also accused the NDF/ NDFP members of continuously luring or recruiting people to join the New People’s Army (NPA).
It also noted that the Communist Party of the Philippines (CPP) admitted through its media releases and documents that the NDF/NDFP has a direct and indispensable role in its armed operations.
The CPP-NPA was previously designated also as a terrorist organization.
“The CPP/NPA continues to launch attacks, victimizing innocent civilians and destroying billions worth of public and private properties,” the ATC said.
The link of the NDF with the CPP-NPA, according to the ATC, was bolstered by CPP founder Jose Maria Sison’s admission that it is an allied organization of the CPP-NPA in his message for the NDF’S 48th anniversary in April 2021.
The ATC also noted that Sison’s wife, Juliet de Lima-sison, who was recently named as the interim chairperson of the NDF negotiating panel, claimed in January 2021 that the CPP-NPA-NDF is not subject to the authority of the government as CPP-NPA belong to the NDFP.
The Armed Forces of the Philippines (AFP) reported that at least 1,506 terrorist activities have been committed by the NPA beginning 2010, including the abduction of 544 children who were forced and/or deceived to become child warriors— 304 of them boys and 240 girls.
The ATC claimed that the CPP posted an article on the NDF web site urging the latter to continue wage campaigns to support its armed operations in the form of material and financial contributions.
It noted that in the 2016 CPP constitution, the communist terrorist threat is organized into three major components, the CPP, NPA and the NDF/NDFP.
The NDF/NDFP is also considered as the core and most consolidated group that provides support to the armed and organizational expansion of the CPP/NPA.
“The principal effect of designation by the ATC is the freezing of bank accounts and other financial assets of the designated person/entity, not immediate arrest,” Justice Secretary and ATC member Menardo Guevarra said.
Zambales court clears 2 Aeta ‘terrorists’
THE Regional Trial Court of Olongapo City has dismissed the criminal complaint for violation Section 4 (a) of RA 11479 or the Anti-terrorism Act of 2020 filed against two Aetas last year.
In a nine-page order, the Olongapo RTC Branch 97 presided by Judge Melani Pay Tadili held that the government prosecutors failed to present sufficient evidence to establish the guilt of accused Japer Gurung and Junior Ramos.
It granted the motion for demurrer to evidence filed by the Public Attorney’s Office (PAO) anchored on the failure of the prosecution to establish the identities of the accused as members of the New People’s Army who figured in a gunfight with Army soldiers in August last year.
Judge Tadili also directed the Bureau of Jail Management and Penology (BJMP) to immediately release Gurung and Ramos from jail unless they are being lawfully held in custody for any reason.
“After a careful examination of the records, the Court holds that the prosecution failed to discharge the burden of proving the identities of the accused as the perpetrators of the crime of violation of Section 4 of RA 11479. Thus, the case for violation of this law against the accused must be dismissed,” the trial court ruled.
Gurung and Ramos were accused of being members of the communistled New People’s Army (NPA) as they were caught while going down the mountain in Sitio Lumibao, Barangay Buhawen, San Marcelino, Zambales where an encounter between a group of NPA members and the military took place.
The Aetas, however, claimed that were merely evacuating from the area due to intense military operations and continued bombings in their ancestral lands.
They were accosted by elements of the 7th Infantry Division of the Philippine Army last August 21, 2020.
The prosecution claimed that Gurung and Ramos were positively identified as the perpetrators of the crime based on an eyewitness account.
It noted that 2Lt Fritz Entoma and 2Lt Ian Dominic Oran saw the two during the gunfight and that they knew their names and facial features because of profiling of suspects.
But the trial court pointed out that based on its perusal of the sworn statements of the two Army officers would show that no declaration was made that they saw the accused during the gunfight.
“If they did see the accused, they could have easily said so in their sworn statements as they did in their judicial affidavits. They could have provided the accused distinct features, such as skin color, height and hair type, and also their clothes’ color that would set them apart from the other armed persons. They could not just referred them as NPA members,” the Court stressed.
Another “blatant inconsistency” noted by the Court is the declaration of Entoma and Oran that they were able to recognize Gurung and Ramos because they were shown pictures of the accused in a briefing before the operation, but in their sworn statements, they made no mention of being shown pictures of the two.
The testimony of Entoma and Oran were also contradicted by the testimony of another junior officer, who told the court that no pictures of the accused, as well as videos, were shown to the soldiers during the pre-operational briefing.