“The Court cannot countenance the hasty labelling of human rights advocates as terrorists and the speedy confiscation of their funds and property in the name of national security.”

CAGAYAN DE ORO — The Court of Appeals Third Division granted the appeal made by red-tagged journalist Frenchie Mae Cumpio and lay worker Marielle Domequil, reversing the decision of the Manila Regional Trial Court Branch 18, which granted the civil forfeiture petition filed against the two.

The petition aimed to forfeit the P557,360 (US$9,504.80) cash seized during a simultaneous raid on February 7, 2020, in Tacloban City. 

In a 27-page ruling on October 29, Associate Justice Apolinario Bruselas Jr. stated that AMLC can only pursue civil forfeiture if funds or properties are proven to be tied to financing terrorism crime. The appellate court said the government failed to sufficiently establish that Cumpio and Domequil are connected to the Communist Party of the Philippines and New People’s Army (CPP-NPA).

The Court further explained that in order to have a permissible probe of funds or properties, a person or an organization must be designated as a terrorist specifically under the first mode of Rule VI of the Anti-Terrorism Act Implementing Rules and Regulations (ATA-IRR) or proscribed as a terrorist through a judicial proceeding instituted by the Secretary of Justice.

“Such pieces of evidence, however, failed to prove that the respondents-appellants [Cumpio and Domequil] had been designated as terrorists under the first mode of designation,” the Court said in response to the list of evidence provided to legitimize petitioner’s forfeiture proceedings.

TIMELINE: The prolonged detention of Filipino journalist Frenchie Mae Cumpio

Prior to the February 2020 raids, Lex Mika Bustillo and Jason Rafales of People Surge, an alliance of Super Typhoon Yolanda survivors, claimed in their joint affidavit that Cumpio and Domequil disbursed money to allegedly finance the activities of CPP-NPA. 

They further claimed that they were accompanied by Cumpio, Domequil, and other leaders of People Surge to a mountainous area in San Andres, Catbalogan City, Samar, where they met unidentified armed men who were alleged members of the NPA.

AMLC’s database has not recorded any suspicious transaction involving Cumpio and Domequil. But a freeze order was recommended due to the affidavits executed by Bustillo and Rafales, including the connection of Domequil to an organization that was under investigation for terrorism financing. The latter was a lay worker of the Rural Missionaries of the Philippines in Eastern Visayas.

The appellate court said that apart from the allegations made by Bustillo and Rafales, there was no further evidence presented that would prove the alleged involvement of Cumpio and Domequil in the activities of CPP-NPA.

“The Court cannot countenance the hasty labelling of human rights advocates as terrorists and the speedy confiscation of their funds and property in the name of national security,” the Court said. “Measures to counter terrorism must not be done without due process, and at the expense of individuals, groups, and civil society organizations that are engaged in the promotion and defense of human rights.”

The National Union of People’s Lawyers (NUPL) welcomed the CA’s decision, saying it’s “a clear rebuke of the misuse of counterterrorism laws to suppress activism, journalism, and humanitarian work.” 

The lawyering group stressed that the Court’s decision affirms that defending human rights and reporting the truth are not crimes.

Cumpio and Domequil are still facing other charges. These include the illegal possession of firearms and explosives and financing terrorism. Cumpio, meanwhile, is also facing murder and attempted murder charges after she was linked to a 2019 ambush in Northern Samar, which resulted in the alleged killing of two soldiers.

The People’s Alternative Media Network (AlterMidya) reported that the legal counsel of Cumpio and Domequil during a hearing on September 29 submitted a formal offer for the promulgation of illegal possession of firearms and explosives and terrorism financing cases. But they asked for five working days to amend the offer after there were errors on the markings. 

Once finalized, the judge will rule on the cases after the manifestation of the prosecution panel that it will no longer present rebuttal evidence.