DOJ to seek declaration of CPP as terrorist group

The Department of Justice (DOJ) is set to formally seek declaration of the Communist Party of the Philippines (CPP) as a terrorist group this week.

Justice Secretary Vitaliano Aguirre II said a team of prosecutors has prepared a petition for this purpose to be filed before a regional trial court within the week.

He said it took them almost a month “because we have to prepare very carefully the petition.”

Aguirre added the DOJ team has also coordinated with the intelligence community in preparing the petition to declare the CPP, including its armed wing New People’s Army (NPA), as a terrorist group.

“Our task force has been meeting with the intelligence people from NICA (National Intelligence Coordinating Agency), ISAFP (Intelligence Service of the Armed Forces of the Philippines) and other intelligence agencies of the government,” he said.

Aguirre is optimistic that the court would grant the petition.

“We are including in the petition numerous supporting pieces of evidence showing that the CPP and NPA are committing terroristic activities despite numerous initiatives of President Duterte to reach out to them,” Aguirre stressed.

Aguirre earlier created the team to draft the petition following President Duterte’s decision to issue a proclamation naming the CPP as a terror group.

Section 17 of Republic Act No. 9372 (Human Security Act of 2007) requires the DOJ to first seek clearance from the court before an organization, association or group of persons can be declared as terrorists and thus outlawed.

Last month, the DOJ moved for the arrest of key leaders of the National Democratic Front (NDF) – political arm of the CPP – who were earlier granted provisional bail for their participation in the botched peace talks.

Prosecutors filed a motion before the Manila Regional Trial Court Branch 32 seeking cancellation of bail grant on 20 NDF consultants led by spouses Benito and Wilma Tiamzon, the suspected top leaders of the NPA.

The DOJ made the move after President Duterte cancelled the peace talks.

“In view of the cancellation of the peace talks, there is no more legal ground for the continuous provisional liberty of the accused. Thus, the immediate recommitment and cancellation of bail of all the accused should logically follow,” read the pleading.

The NDF leaders were granted bail upon initiative of the government last year for their participation in the peace process between the communist rebels and the government.

The Supreme Court, in its resolution in August last year, granted bail to the communist leaders for their participation in the peace talks in Norway under specific conditions. The ruling was adopted by the RTC.

One of the conditions was that once their participation ceases or the peace negotiations are terminated, the bail bonds shall be “deemed automatically canceled.”

President Duterte declared a Christmas truce with the NPA and urged the insurgents to reciprocate the goodwill gesture after recently scrapping peace talks with the insurgents and declaring them terrorists.

The NPA followed suit and declared its own ceasefire against the government but were wary the military might violate the truce.