CA nullifies forfeiture vs. Frenchie Mae Cumpio, Mariel Domequil

The Court of Appeals (CA) has nullified a forfeiture case against journalist Frenchie Mae Cumpio and human rights advocate Mariel Domequil.

In a 27-page decision promulgated on October 29, the appellate court reversed and set aside the decision of a Manila regional trial court (RTC) and nullified the forfeiture of P557,360.

Cumpio and Domequil were arrested in a police raid in Tacloban City on February 7, 2020 over alleged illegal possession of firearms and for allegedly being members of the New People's Army (NPA).

During the implementation of the search warrant, authorities seized a cash box containing P557,360.

Following this, the Philippine National Police-Criminal Investigation and Detection Group (CIDG) requested that the amount be forfeited in favor of the government.

In its ruling, the Manila RTC found sufficient reason to believe that the funds were related to unlawful activity under the Terrorism Financing Prevention and Suppression Act of 2012. It placed the amount under the Anti-Money Laundering Council (AMLC) and ordered its forfeiture. 

This led Cumpio and Domequil to file the present petition with the CA.

The CA then overturned the RTC’s decision.

“Nowhere in the ATA or in the ATA-IRR is a mere AMLC certification or any kind of affidavit sufficient to justify the filing of an action for civil forfeiture under the TFPSA,” it said.

The appellate court also found that there is lack of reason to believe that Cumpio and Domequil are connected to the NPA.

“A careful review of the evidence at hand, moreover, reveals that there is a dearth of reason to believe that the respondents-appellants were or are connected to the CPP-NPA,” the CA said.

“The Court observed that although they missed the opportunity to present controverting evidence, the proof offered by the Republic did not sufficiently establish the allegations in the petition,” it added.

Further, the court noted that the PNP-CIDG admitted that the respondent-appellants were employed as journalists.

It also said that the AMLC noted that its database search yielded no results that would draw suspicion against the two.

“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,” it 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,” it added. —VAL, GMA Integrated News