CEBU CITY – Visayas-based civil society leaders and former NGO officers filed on July 30, 2025 criminal and administrative complaints before the Office of the Ombudsman in Cebu City against Department of Justice (DOJ) prosecutors, citing “clear and serious irregularities” in the filing of terrorism financing charges in 2023. The charges have paralyzed the services of the Community Empowerment Resource Network, Inc. (CERNET).

In their joint complaints, Jaime Paglinawan, Sr., Maria Ira Pamat, Oliver Gimenez, and Nancy Estolloso sued DOJ prosecutors for gross neglect of duty, grave abuse of authority, and violations of the Code of Conduct and Ethical Standards for Public Officials (R.A. 6713) and the Anti-Graft and Corrupt Practices Act (R.A. 3019). The respondents are senior deputy state prosecutor Peter L. Ong, prosecutors Ruth Anne P. Zamora, Lyra Carissa M. Profugo, Grace S. Arboladura, Jenny A. De Castro, and former prosecutor general Benedicto A. Malcontento.

In a Bulatlat report two years ago, CERNET received a subpoena from the Department of Justice accusing 27 of its former members, staff, and partner affiliates, collectively referred to as the “CERNET 27”, of violating Republic Act No. 10168, or the Terrorism Financing Prevention and Suppression Act of 2012. Since then, members of CERNET have faced incidents of red-tagging and increased surveillance by military forces. Local progressive groups have since demanded the dropping of the alleged terrorist financing charges while international organizations criticized the Philippine government due to “…deliberate misapplication of counter-terrorism legislation.”

In an exclusive interview with Bulatlat, legal counsel Kristian Jacob Casas-Abad Lora said, “I’m very hopeful because the irregularities are patent. These irregularities pertain to provisions of pertinent rules and laws that are couched in the simplest terms which means they are so basic that any derogation from them can be considered gross negligence.”

Irregularities after another

In their affidavit, the complainants argued that the prosecutors proceeded without a formal complaint, relying solely on a letter of endorsement by a Brig. Gen Joey Escanillas and witness affidavits subscribed via videoconference on June 1, 2023, a process not authorized by law at the time.

In 2023, Escanillas made the allegations that CERNET engaged in a “60-40 scheme,” where 60 percent of the funds are allegedly funneled to the communist movement while only 40 percent reached the intended beneficiaries. On May 20, 2025, SunStar Cebu reported that an AMLC witness was unable to provide documents to back Escanillas’s claims linking CERNET 27 to terrorist groups through alleged financing.

Preliminary investigation hearings proceeded without a formal complaint, just the Letter of Endorsement and witness affidavits which, according to Lora, is a gross neglect of duty. “Under the law and pertinent rules, government officers such as prosecutors who are authorized administer oath, have the positive duty to require the affiant to appear before them personally and physically and subscribe to his or her affidavit,” the complaint read. Under the same rule, they argued that the said letter of endorsement cannot be considered as the official complaint as the contents are insufficient.

Preliminary hearing proceedings are also in question. According to the complaint, Escanillas failed to verify if the respondents are still alive prior to sending the letter of endorsement.

In an exclusive interview with Bulatlat, Jaime Paglinawan, one of the complainants said “…some of the accused had long died before the case was filed.” The resolution, filed by the sued DOJ prosecutors, indicted the deceased Geraldin Labradores and Merlin Logronio, among CERNET 27, for alleged terrorist financing.

Complainants also declared that DOJ prosecutors abuse their authority. During a preliminary hearing in September 2023, CERNET 27 was prevented from submitting further evidence. Parallel to this prevention, the DOJ prosecutors continued to gather additional documentary evidence in support of Escanillas’s endorsement.

“I am not a member or board of staff of CERNET,” Paglinawan told Bulatlat. Yet he is still slapped with terrorist financing charges. “The case, itself, has accused me of or branded me as a terrorist or terrorist supporter and this has not just affected my reputation but also my security, which, in turn, affected my NGO work,” the complaint stated.

Paglinawan leads the Bagong Alyansang Makabayan (BAYAN) Central Visayas and Kilusang Mayo Uno (KMU). These organizations have experienced heightened red-tagging especially after the alleged terror financing was charged.

“Every day, I fear for my family that they, too, would be harmed,” said Paglinawan.

The complaint also outlined that the prosecutors failed to notify them of the newly-gathered evidence, depriving CERNET 27 the opportunity to respond. According to the complaint, the documents listing CERNET’s board and the foreign designations of the Communist Party of the Philippines (CPP) and New People’s Army (NPA) as terrorist organizations were submitted only after the resolution was set in motion.

The prosecutors “…deliberately concealed these pieces of evidence from us and kept us in the dark with the obvious purpose of preventing us from contesting the same,” the complaint read, citing violation of the Rule 112 of the Revised Rules of Criminal Procedure, amended and implemented by the 2017 Manual for Prosecutors and the DOJ Department Circular No. 20, Series of 2023.

On May 17, 2024, Rappler reported that Mel Ebo, legal counsel for CERNET, stated during a press conference that they were surprised to learn an information had already been filed in court before they even received a copy of the DOJ’s resolution from the preliminary investigation.

No bail sparks alarm

Legal counsel Lora told Bulatlat “…offenses of the Section 8 (ii) of the RA 10168 (Terrorism Financing Prevention and Suppression Act) is punishable by reclusion temporal in its maximum period up to reclusion perpetua. So technically, it’s not reclusion perpetua exclusively per se, which means it should be bailable.” Despite that, Ong, Zamora, and Profugo, with Malcontento’s approval, recommended no bail for CERNET 27, despite the charge being bailable offense.

Maria Ira Pamat, one of the complainants, said she recalled being distressed when she learned about the no bail recommendation by DOJ prosecutors. “[T]he possibility of a long period of detention unless I would apply for bail before the court and unless the court would grant my application which would usually take a long time because the court would still hear my application,” she stated in the complaint.

Pamat was an executive officer of the Women’s Development Center, an NGO based in Bohol. For her, the case has affected her reputation as well as her personal and professional relationships. “In our meetings with other development workers and NGOs, my presence was no longer welcome as many were already afraid of my presence alone for the fear that they might be associated with me so I stopped attending meetings,” added Pamat.

Pamat, in the complaint, stated that there was heightened military surveillance. Soldiers have been approaching their partner-communities in Bohol to dissuade them from engaging with Pamat and their NGO because of the pending terrorist financing allegations.

“I got isolated and became an outcast,” said the women’s leader.

The Cebu City Regional Trial Court, without requiring a hearing, allowed CERNET to post bail for their temporary liberty. On May 17, 2024, twenty three members of CERNET confirmed to have posted bail worth P200,000 ($3,570) each.

“Respondents Ong, Zamora, Profugo, and Malcontento acted beyond their authority and ministerial duty and it only goes to demonstrate their spite towards us and their intent to keep us in jail during the entire trial proceedings,” the complaint read.“Our clients were denied the opportunity to respond, contribute, or challenge the basis of the case. In essence, they were denied their constitutional right to due process,” Lora told Bulatlat. (RVO)