DOJ dowplays ruling clearing 4 CPP leaders

The government’s bid in court to declare over 600 persons linked to the Communist Party of the Philippines (CPP) and its armed wing, the New People’s Army (NPA), as terrorists remains on track, an official said yesterday.

Justice Secretary Menardo Guevarra issued the statement following a recent ruling by the Manila Regional Trial Court Branch 19 declaring four key CPP leaders – former Bayan Muna representative Satur Ocampo and National Democratic Front of the Philippines (NDFP) peace consultant Rafael Baylosis, Victoria Lucia Tauli-Corpus and Jose Melencio Molintas – as non-parties to the case.

Guevarra said the development was not a setback to the government’s proscription case against the communist rebels.

“In the first place, the only real respondents in the proscription case are the CPP and the NPA. It is these entities, not the named individuals, who are the party-respondents in the petition to declare them as terrorist organizations,” he stressed.

Acting Prosecutor General Richard Anthony Fadullon said the DOJ “will just have to resort to causing the service of summons by publication” as directed in the RTC ruling.

Guevarra revealed that they only submitted to the court the list of individuals, including Ocampo, Baylosis, Corpuz and Molintas, with alleged links to the CPP-NPA solely for the purpose of service of summons to the two organizations.

In a resolution on July 27, RTC Judge Mario Madoza-Malagar ruled that Ocampo and Baylosis are non-parties since “the prayed-for declaration from this court is an organization, association or group of persons” while the two other denied being part of the group.

Last March, the DOJ filed before the court a motion seeking to declare communist leaders and their armed members as terrorists, submitting a list of over 600 names that included CPP founding chair Jose Maria Sison, alleged CPP leaders Benito and Wilma Tiamzon, former peace panel chief Luis Jalandoni, human rights lawyer and former Baguio City councilor Jose Molintas and Cordillerans Joanna Carino, Windel Faragey Bolinget, Sherwin De Vera, Beverly Sakongan Longid and Jeannette Ribaya Cawiding.

The petition was filed following the termination of the peace talks between the government and the CPP in November last year.

In its petition, the DOJ cited Republic Act 9372, the Human Security Act of 2007, in seeking the declaration of the CPP and NPA officials and members as terrorists.

The petition, signed by Senior Associate State Prosecutor Peter Ong, accused the CPP-NPA of having an “evil plan of imposing a totalitarian regime.”