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Manila RTC: Satur, 3 others ‘non-parties’ in DOJ plea to tag CPP ‘terrorist’


A Manila court has declared a United Nations special rapporteur, former Bayan Muna representative Satur Ocampo, and a consultant to the National Democratic Front of the Philippines (NDFP) "non-parties" to the government's bid to slap a terrorist title on communist rebels.

In a July 27 resolution, the Manila Regional Trial Court's Branch 19  categorically proclaimed UN Special Rapporteur Victoria Tauli-Corpuz and former Baguio City councilor Jose Melencio Molintas as non-parties in the case.

It also cancelled and recalled the summons issued to Ocampo and NDFP consultant Rafael Baylosis after it similarly found they were non-parties.

The Department of Justice filed the petition for proscription in compliance with the Human Security Act of 2007, which required it to apply with a regional trial court before an organization, association, or group of persons could be declared terrorist or outlawed.

But the court through Judge Marlo Magdoza-Malagar found there was "nothing" in the DOJ's petition that pointed to Molintas and Corpuz as officers or representatives of the Communist Party of the Philippines-New People's Army (CPP-NPA) apart from an enumeration of their names.

On the other hand, the court revealed that the government's evidence against Ocampo and Baylosis -- five affidavits -- showed "no clear allegation" that the two were "members" or "officers" of the CPP-NPA.

The affidavits simply alleged they occupied positions in the "Central Committee" or the "Political Bureau" or the "Executive Committee" of the CPP, the court said.

But without any elaboration by the DOJ of the hierarchical setup of the organization, the court said it was "hard pressed" to decide whether it would consider such memberships as officers' posts.

"In this case, Ocampo and Baylosis had done more than give notice of severance of their association with the CPP-NPA; they had denied being actually members of officers of said respondent-organizations," Judge Malagar wrote.

However, Malagar denied Ocampo and Baylosis' motions to dismiss the petition itself, and instead directed the DOJ to cause service of summons to the CPP-NPA— the parties it actually impleaded—by publication in a newspaper of general circulation.

Asked for comment, Justice Secretary Menardo Guevarra said he had yet to see a copy of the resolution and assess its impact, if any.

But he acknowledged that the "only real respondents" in the proscription case were 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," Guevarra told reporters in a text message.

'All is not lost' for DOJ

Malagar, in the resolution, took the opportunity to remind the DOJ to identify the right personalities in its case.

"That it is imperative that this court obtain jurisdiction over the respondent-organizations cannot be overemphasized, if only to ensure that any pronouncement this court may make in this petition would bind the CPP-NPA," the judge said.

"In this regard, it is to the Petitioner's interest that the personalities it identifies as officers or representatives of the CPP-NPA be actually the latter's 'officers' and 'representatives.'"

He stated that the personalities' association with the CPP-NPA must be "clear" and evidence of the link must be "up-to-date;" "otherwise we run the risk of a haphazard proceeding, which may, in the end, result to a pyrrhic outcome."

However, even if he denied Ocampo and Baylosis' motions to dismiss -- which contained grounds such as purported lack of evidence and of a cause of action -- he said the "heavy" burden of proof remains with the DOJ.

For the government to be able to prove its case, he said it has to establish the following during trial:

  • That the CPP-NPA have committed acts that "sowed and created widespread and extraordinary fear and panic among the populace;"
  • That such acts were committed through individuals with "undisputed" member/officer ties to the CPP-NPA; and
  • That the alleged terrorist acts were committed to "coerce the government to give in to an  unlawful demand."

—NB, GMA News

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