President Duterte’s declaration of the Communist Party of the Philippines/New People’s Army (CPP/NPA) as terrorists is his personal opinion, Senator Panfilo M. Lacson said today.
"The trial of the proscription case against the CPP-NPA is still pending before the Manila RTC (Regional Trial Court). With the passage of the Anti-Terrorism Act (ATC) of 2020, the trial will be transferred to a division of the Court of Appeals to be authorized by the Supreme Court,’’ he explained.
To proscribe, according to the dictionary, is to prohibit or outlaw.
Lacson, one of the authors of the Anti-Terrorism Bill recently enacted into a law, stressed that under the Anti-Terrorism Act of 2020, only the Court of Appeals (CA) could order the proscription - not the Anti-Terrorism Council (ATC), nor the President.
‘’Further, the burden of proof lies with the Department of Justice (DOJ). Even membership in a proscribed terrorist group goes through the same due process which the DOJ has to prove,’’ Lacson, chairman of the Senate national defense and security committee, said.
‘’On the other hand, if the President is referring to the designation of a terrorist individual, group and organization by the ATC, it does not involve arrest and detention but a mere signal for the ATC to request the Anti-Money Laundering Council (ALMC) to issue a freeze order of the accounts and assets of the designated terrorist person or group,’’ he explained.
‘’That said, designation for the purpose of freezing the accounts and assets is not exempt from judicial scrutiny since the said designated individual or group can still file a petition with the CA to appeal such freezing of their accounts. Designation follows the guidelines and standards set by the United Nations Security Council Resolution 1373. It is not absolute or discretionary on the part of the ATC,’’ he stressed.