Iloilo court dismisses terrorism financing case vs 5 development workers

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The development workers maintain their innocence, and assert that the CPP-NPA has not been officially designated as a communist terrorist group in the Philippines

NEGROS OCCIDENTAL, Philippines – A regional court in Iloilo City has dismissed a terrorism financing case filed against five Negrense development workers accused of being communist rebel group financiers in 2023.

In a 24-page decision promulgated on Thursday, March 20, Judge Cyril Regalado of the Regional Trial Court Branch 31 ordered the case against Clarisa “Yesha” Ramos, Felipe Levy Gelle, Dharyl Albañez, Federico Salvilla, and Perla Pavillar dismissed for lack of jurisdiction..

The five served as development workers under the cause-oriented Paghidaet sa Kauswagan Development Group based in Kabankalan City, Negros Occidental.

The case was filed by the Army’s 303rd Infantry Battalion in Negros Occidental and the Police Regional Office in Western Visayas.

A former rebel-turned-government informant accused the five of soliciting funds to buy guns and ammunition for the underground movement on Negros Island.

The judge, however, ruled in favor of the defense’s argument that, even though they were red-tagged and later accused of being members of the Communist Party of the Philippines-New People’s Army (CPP-NPA) with terrorism financing, they could not be charged under the Terrorism Financing Prevention and Suppression Act.

They maintained their innocence, and asserted that the CPP-NPA has not been officially designated as a communist terrorist group in the Philippines.

They said that while other countries and some international organizations have declared the CPP-NPA a terrorist group, the government has not officially adopted such a designation.

The Supreme Court, in a ruling on December 9, 2021, declared two provisions of the Anti-Terrorism Act of 2020 unconstitutional: one that allowed the Anti-Terrorism Council (ATC) to designate individuals and groups as terrorists based on requests from other countries, and another deemed overly broad and violative of freedom of expression.

The defendants argued that if tagging them as “communist terrorists” was unconstitutional, then there was no crime to prosecute.

Judge Regalado ruled in favor of the accused.

Rey Gorgonio, one of the defense lawyers, called the dismissal a “big win” for his clients and “social justice for those who were red-tagged and accused of terrorism financing by government forces.”

He told a press conference on Saturday, March 21, that the ruling was a “landmark decision” on red-tagging and the legal recognition of the CPP-NPA as a communist terrorist group within local or supranational jurisdictions.

“If other countries declared CPP-NPA as communist terrorist, so be it. But it doesn’t mean that it is automatically adopted in the Philippines without going through legal procedures,” Gorgonio added.

Pavillar said she was not guilty of terrorism financing, while Salvilla said that while they are now free, they still feared for their safety.

Pavillar has been with Paghidaet sa Kauswagan Development Group for 36 years since its founding, while Salvilla recently marked his 25th year with the organization.

He said, “We are just organizing farmers and fisherfolk for them to have formidable linkages in order to avail of livelihood opportunities, but they’re not rebels.”

Salvilla, Pavillar, and Albañez had posted bail of P600,000 each while facing three of the six counts of terrorism financing.

Salvilla and Pavillar were arrested by police in Pulupandan and Cauayan, respectively, while Albañez surrendered to Isabela police – all on January 2. Ramos and Gelle, meanwhile, remained at large.

Gorgonio said they must surrender to the court before Judge Regalado can assume jurisdiction over them and declare them free.

Ramos is the widow of the late lawyer Benjamin “Ben” Ramos, founder of Paghidaet sa Kauswagan Development Group and a known human rights defender in Negros Occidental. He was gunned down in Kabankalan in 2018 by still unidentified motorcycle-riding assailants.

The Ramos murder case remains unresolved. – Rappler.com