The Manila RTC’s dismissal of the pending proscription case is pursuant to the Saving Clause provision under the Anti-Terrorism Act and should not in any way be interpreted as a setback for the law itself.
That being said, that is exactly the reason why “proscription” is designed to be the exclusive authority of the judiciary since it could involve possible detention of individuals and members of organizations suspected to be violating the Act, hence due process of law must be strictly observed.
Unlike “designation” which only involves preliminary freezing of bank accounts and assets of those involved in terrorist financing, and which the Anti-Terrorism Council is given the authority to perform since it is merely an administrative act.
If the blocked websites had to do with financing the activities of the CPP-NPA which the Anti-Terrorism Council had already designated as a terrorist organization, there is legal basis under the law for such action undertaken by the NTC.
That being said, the action may be challenged before the court because it is the basic right of an “aggrieved” party to do so as it has something to do with the interpretation of the law.
Usapang pangkayapaan sa lokal na lebel ang pinakamabisang paraan para kausapin ang mga rebelde sa ilalim ng administrasyong Lacson.
Ayon kay Senador Ping Lacson, sa paraang ito mas mahusay na makikipag-ugnayan ang gobyerno sa mga nakaalam ng kanilang sitwasyon.
“This is why earlier, I proposed in a Senate hearing to shift to localized peace talks with the CPP/NPA. I told ex-Sec Dureza and Sec Bello that talking to Joma was useless. He had either lost control or was pursuing a malevolent agenda. That became the new policy of the government,” ani Lacson sa kanyang Twitter post nitong Martes.
Localized peace talks will be the best way for the government to deal with insurgents under a Lacson presidency.
Sen. Panfilo “Ping” M. Lacson said this approach, which he first suggested to peace process officials, lets the government deal with those who know the situation on the ground.
“This is why earlier, I proposed in a Senate hearing to shift to localized peace talks with the CPP/NPA. I told ex-Sec Dureza and Sec Bello that talking to Joma was useless. He had either lost control or was pursuing a malevolent agenda. That became the new policy of the government,” Lacson said on his Twitter account Tuesday.
Peace talks with communist rebels – combined with the development of areas cleared of the New People’s Army’s presence – will continue under a Lacson presidency.
This was made clear Monday by Partido Reporma chairman and standard-bearer Sen. Panfilo “Ping” M. Lacson as he said that at the end of the day, the rebels are also Filipinos.
“Unang una, tuloy-tuloy ang peace talks. Huwag natin kalimutan na kababayan natin yan (First, we will continue the peace talks. Let’s not forget that they are also Filipinos),” Lacson said on “Ikaw na Ba? The Presidential Interviews on DZBB.”
Lt. Gen. Antonio Parlade Jr. made me aware of his resignation letter more than a month ago when he paid me a courtesy visit in my Senate office. I thanked and commended him even as that resignation was still subject to the approval of higher authorities.
There is no question about his passion to do his role in ending the longest-running insurgency in Asia, and I still believe that the NTF-ELCAC is a long overdue solution to the “water lily” tactical maneuvers being employed by the CPP-NPA to maintain their influence over previously cleared barangays.
I too believe that without infrastructure, livelihood and social development interventions by the national government after all successful counter-insurgency operations by our security forces in clearing those barangays of the NPA presence, it can only result in a Sisyphus-like situation with no clear solution in sight.
That said, the Senate’s legal position on the issue is clear – that his appointment as an active military officer in a civilian position is clearly proscribed by the Constitution, and whatever legal discussion or debate on his official designation in a civilian office while still in the active military service has now become moot and academic. I am glad it has ended that way.
It is called resource denial operations and rightly so, in order to tighten the noose on the financial and logistical needs of the CPP-NPA.
That being said, the non-traditional left-hand/right-hand approach must still be applied by welcoming back to the fold their members, making sure that they will be treated justly and ensuring their personal safety – the same way the earlier surrenderees who appeared before our Senate red-tagging hearings a few weeks ago are being treated.
Having the momentum with the series of successful operations against the CPP-NPA who are now officially a “designated terrorist group” by virtue of the authority vested by the Anti-Terrorism Act of 2020 upon the Anti-Terrorism Council, I doubt if the security sector will recommend the resumption of centralized peace talks to the President, more so after they validated the information that after all, peace talks are just part and parcel of their long-drawn strategy to consolidate their forces and stop the momentum gained by the security forces.
To The Manila Times: Please allow us to set the record straight regarding your Dec. 4, 2020 editorial, which claimed, among other things, that Sen. Panfilo M. Lacson has made it his “advocacy” to criminalize red-tagging.
Usapang pangkapayapaan sa pagitan ng gobyerno at mga rebelde, mas naaangkop sa lokal na lebel.
Ito ang paraan na nakikita ni Senador Panfilo Lacson, chairman ng Senate National Defense Committee, para matigil ang karahasan sa mga lugar na tukoy na pimamahayan pa rin ng mga armadong grupo gaya ng New People’s Army (NPA).
Ayon sa mambabatas, tama lamang na isulong pa rin ang pakikipag-usap ng pamahalaan sa mga armadong grupo na sinasabing may ipinaglalaban, bagama’t nasa mas mainam na kalagayan ang lokal na pamahalaan para tugunin ang kanilang hinaing.
“Giving up on peace should not be an option. But given the failures of past administrations who engaged in centralized peace negotiations, I fully support the present efforts of localizing it,” pahayag ni Lacson matapos ang huling pagdinig ng Senado sa red-tagging.
While the government should not give up on peace efforts with insurgents, it would be better to pursue localized talks with them.
On this note, Sen. Panfilo M. Lacson reiterated his support for localized peace talks.
“Giving up on peace should not be an option. But given the failures of past administrations who engaged in centralized peace negotiations, I fully support the present efforts of localizing it,” he said.
Sumusuweldo sa gobyerno pero “sumusuporta” sa mga kalaban ng estado kahit pa nasa poder o puwesto.
Isa ito sa mga lumabas sa pagdinig ng Senate Committee on National Defense na pinamumunuan ni Senador Panfilo Lacson, na dinaluhan ng mg kasalukuyan at dating partylist representatives kaugnay sa red-tagging.
Ayon kay Lacson, mauunawaan niya kung nagpakita sila ng “sympathy for their cause but not their methods” tungkol sa New People’s Army.
Bagama’t maaaring itangkang pabagsakin ang pamahalaan sa mapayapang paraan tulad ng dalawang EDSA revolution, hindi katangggap-tanggap na ang mga sumusuweldo mula sa gobyerno ay hindi lamang mananahimik at sa halip ay kinukunsinti pa ang mga puwersang nais itong pabagsakin.
“Senate red-tagging inquiry: Will somebody help explain the logic of some members of Congress publicly condoning the New People’s Army that has been waging a protracted armed guerrilla warfare against the same government that employs them?” banggit ng mambabatas sa pamamagitan ng Twitter.
“I would have expected a ‘sympathy for their cause but not their methods’ response from the Makabayan bloc who attended the second red-tagging hearing yesterday. That would have been understandable and completely acceptable as a response to my question about the NPA,” dagdag ni Lacson.
Sen. Panfilo M. Lacson questioned the “paradox” of lawmakers who continue to condone the New People’s Army and its armed warfare against the same government that employs them.
Lacson said that while one may attempt to bring down a government through peaceful means as institutionalized by the two EDSA “peaceful revolutions,” “something is irreconcilable” if one who gets salary from government cannot denounce atrocities against it.
“Senate red-tagging inquiry: Will somebody help explain the logic of some members of Congress publicly condoning the New People’s Army that has been waging a protracted armed guerrilla warfare against the same government that employs them?” he said in a post on his Twitter account Tuesday evening.
“I would have expected a ‘sympathy for their cause but not their methods’ response from the Makabayan bloc who attended the second red-tagging hearing yesterday. That would have been understandable and completely acceptable as a response to my question about the NPA,” he added.
I’ll join Senate President Sotto’s call to retain the P16.4-billion allocations to the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC).
The fund is not even at the disposal of the security sector since it is part of the Special Purpose Fund under the Assistance to Local Government Units (ALGU) and is intended to hold and develop barangays that are cleared of New People’s Army (NPA) influence.
As such, it will go to development programs such as farm-to-market roads and livelihood, as part of confidence-building to prevent the insurgency problem from returning.
With this, affected barangays will no longer be vulnerable to attempts by the NPA to recruit members especially from indigenous peoples. Pagkakataon ito pati sa mga NPA sa mga lugar na ito na magbagong-buhay.
The insurgency problem is more than 50 years old, easily the oldest in Asia. It is time we take the needed steps to address the insurgency problem.
Lt. Gen. Parlade strikes me as one AFP officer who is dedicated to the accomplishment of his mission to end the half-century-old insurgency problem.
That being said, his only fault is that he over-analyzes and over-talks, with some of his public statements threatening to affect his mission.
Under the Anti-Terrorism Act of 2020, only the court can proscribe a group like the CPP-NPA as a terrorist organization. On the other hand, the purpose of surveillance work is defeated when the subject becomes aware that he is being tailed.
Maybe a little prudence and self-discipline on Lt. Gen. Parlade’s part will help.
This kind of “threat” worked in the past: Mighty’s P40-billion tax settlement; Philippine Airlines’ settling a P6-billion obligation to the government; the Mile Long property taken over by government; and the rehabilitation of Boracay, to name a few cases that did not need to undergo lengthy and expensive court litigation – and I would say has therefore served its purpose, rightly or wrongly.
Whether the government takeover of telcos is justified and compliant with the provisions of the Constitution, given the circumstances, is another matter altogether, however.
Having said that, telcos should treat the President’s pronouncement as a wake-up call to improve their services to the public, as one thing in the President’s statement on the issue is certain and true: that our country’s telecommunications services pale in comparison with our neighbors and with other jurisdictions in terms of speed and efficiency.
But what the President failed to issue is a similar warning to some local government unit executives who extort money from the telcos in exchange for permits and licenses as well as “protection” from delays in the construction of such facilities, especially in areas where the presence of armed groups like the CPP-NPA is strong.
To the Inquirer: Please allow us to set the record straight regarding some points raised by former Associate Justice Antonio T. Carpio in his Inquirer column, where he said Sen. Panfilo M. Lacson, along with President Duterte, are “sadly mistaken” with regard to the Communist Party of the Philippines-New People’s Army (CPP-NPA) as terrorists.
Obviously, the President was referring to the designation of the CPP-NPA as a terrorist group by the Anti-Terrorism Council in late 2017 as authorized by Sec. 11 of Republic Act 10168, the Terrorist Financing Prevention and Suppression Act of 2012, following the standards set by the United Nations Security Council Resolution 1373. It paved the way for the filing of a proscription case by the DOJ, which is now pending before a Manila Regional Trial Court.
Among the provisions of the newly signed Anti-Terrorism Act of 2020 is a restatement of Sec. 11 under RA 10168 – we simply added the mechanism for the freezing of assets by the Anti-Money Laundering Council (AMLC).
Thus, there is nothing illegal in the action by the Chief Executive to proclaim that the CPP-NPA is a designated terrorist organization after the Anti-Terrorism Council (ATC) has ruled on the matter.
What I simply clarified when asked to comment on the declaration made by the President is the difference between designationand proscription. Designation is administrative and can be exercised by the Executive Branch through the ATC, while proscription is judicial which only the RTC (under the now-repealed Human Security Act of 2007) and the Court of Appeals (under the Anti-Terrorism Act of 2020) has the power to decide.
In the case of proscription, the burden of proof lies with the Department of Justice. Even membership of a proscribed terrorist organization undergoes the same due process of law – meaning the Court of Appeals will decide who may be identified as members and subsequently arrested.
Unfortunately, designation and proscription have been used interchangeably – and conveniently at that – by critics of the Anti-Terrorism Law to advance their purpose of asserting that mere designation may result in arrest and detention, thus giving the ATC judicial powers under RA 11479 – which is wrong, if not malicious.
If in “declaring” a group, organization or association as a terrorist organization, the President is referring to its proscription, there is a judicial process involved – meaning full court intervention via the Court of Appeals, complete with due notice and hearing.
Under the Anti-Terrorism Act of 2020, only the Court of Appeals can order the proscription – not the Anti-Terrorism Council, nor the President. Further, the burden of proof lies with the Department of Justice. Even membership in a proscribed terrorist group goes through the same due process which the DOJ has to prove.
On the other hand, if the President is referring to the designation of a terrorist individual, group and organization by the ATC, it does not involve arrest and detention but a mere signal for the ATC to request the Anti-Money Laundering Council to issue a freeze order of the accounts and assets of the designated terrorist person or group.
That said, designation for the purpose of freezing the accounts and assets is not exempt from judicial scrutiny since the said designated individual or group can still file a petition with the CA to appeal such freezing of their accounts. Designation follows the guidelines and standards set by the United Nations Security Council Resolution 1373. It is not absolute or discretionary on the part of the ATC.
Therefore, the “declaration” is a personal opinion of the President, not official. The trial of the proscription case against the CPP-NPA is still pending before the Manila RTC. With the passage of the Anti-Terrorism Act of 2020, the trial will be transferred to a division of the Court of Appeals to be authorized by the Supreme Court.
While I can easily relate to Philippine Army Commanding General Lt. Gen. Gilbert Gapay and understand how he feels about the Army officers slain in Sulu, emotions running high at this point is the last thing they need.
For all they know, their common enemies such as the terrorists and armed insurgents are already celebrating the Sulu incident – and even making plans to exploit it.
These enemies of the State and our people, through their legal fronts, are very capable of fanning the flames of animosity between the Armed Forces of the Philippines and the Philippine National Police by creating intrigues to further divide the country’s two major security forces.
Dahil marami nang nagbabalik-loob sa pamahalaan o kaya ay sumusuko sa mga awtoridad, nag-level up na ng mga “fronts” ng New People’s Army (NPA) na siraan ang Anti-Terrorism Bill (ATB).
Sa impormasyong nakalap ni Senador Panfilo Lacson, ang pagkakalat ng maling impormasyon laban sa ATB ay ginagawa umano ng mga grupo at indibiduwal na kaalyado o nakikisimpatiya sa NPA.
“An Army commander reported that in anticipation of the passage of the Anti-Terrorism Bill, the NPAs have started surrendering. 27 in just 2 days in Quezon, Laguna and Mindoro alone. Many more are sending surrender feelers. That is why, he said, their fronts have become busier with their disinformation campaign,” pagbubunyag ni Lacson sa kanyang Twitter account.
Fronts of the communist New People’s Army – and their “allies” – have become busier in their disinformation campaign against the proposed Anti-Terrorism Act of 2020 over the weekend, as more of their comrades surrender to authorities.
Sen. Panfilo M. Lacson bared this on Sunday as he urged the public to read a provision in the bill that those behind the intensified smear drive have conveniently skipped.
“An Army commander reported that in anticipation of the passage of the Anti-Terrorism Bill, the NPAs have started surrendering. 27 in just 2 days in Quezon, Laguna and Mindoro alone. Many more are sending surrender feelers. That is why, he said, their fronts have become busier with their disinformation campaign,” he said on his Twitter account.
In an interview on DWIZ Sen. Lacson answered questions on:
– ‘early’ signing of the 2020 budget in January 2020
– reinstatement of cops acquitted in Maguindanao massacre case
– NPA hit list and anti-terror bill
– assessment of 2019 and expectations in 2020
Hindi dapat kay Communist Party of the Philippines founding chairman Jose Ma. Sison nakatutok ang gobyerno sa pakikipagusap sa rebeldeng komunista upang makamit ng bansa ang napakatagal nang hangad na kapayapaan.
Idiniin ito ni Senador at dating Philippine National Police chief Panfilo Lacson matapos magpakita ng malinaw na indikasyon ang Malacanang ng muling pag-upo sa negotiating table sa usapang pangkapayapaan.
Kabilang sa mga positibong hakbang ng Malacanang ay ang pagbuo ng panel na makikipag-usap sa mga rebelde, partikular sa mga hindi nakikinig kay Sison.
Ayon kay Lacson, matagal na niyang isinusulong ang nabanggit na sistema kasama ang localized peace effort para direkta umanong makakakapagpalitan ng kondisyones ang magkabilang grupo.
“Such a move is long in coming. I have always believed that this is the better way to deal with the five-decade insurgency problem,” pagbubunyag ni Lacson.
It is high time the government focused its peace efforts with communist rebels on those who do not listen to Communist Party of the Philippines founding chairman Jose Ma. Sison, Sen. Panfilo M. Lacson said Tuesday.
Lacson said such efforts, coupled with localized peace talks, is the better way to end the five-decade-old insurgency problem as the strength of New People’s Army rebels varies in various localities.
“Such a move is long in coming. I have always believed that this is the better way to deal with the five-decade insurgency problem,” said Lacson, who has dealt with the communist New People’s Army as a member of the now-Philippine National Police which he headed from 1999 to 2001.
“I have been batting for localized peace talks and in fact strongly suggested the same to former Peace Adviser Jesus Dureza and Labor Secretary Silvestre Bello III in one committee hearing of the Senate Committee on Peace and Unification chaired and presided by Sen. Gregorio Honasan II,” he added.
In an interview on DWIZ, Sen. Lacson answers questions on: – Senate-HOR meeting to end the budget impasse
– complaint filed by former Ombudsman and SFA vs Chinese leader before ICC
– measures to prevent future water crises
– localized peace talks with CPP-NPA
Kailangan nang kalampagin ng Department of Justice (DOJ) ang hudikatura upang mabatid kung ano ang kinahantungan ng asuntong tumutukoy sa New People’s Army (NPA) bilang terorista.
Ginawa ni Senador Panfilo Lacson ang panawagan sa ahensiya bunga na rin ng walang humpay na panggugulo ni Communist Party of the Philippines founding chairman Jose Maria Sison sa gobyerno, limang dekada nang nakalipas.
“(CPP founder Jose Maria Sison) has been at it for the past 50 years. So many lives lost already. DOJ should follow up with the court the proscription case vs the NPA as a terrorist group as per Section 2 of Republic Act 9372,” bahagi ng panawagan ni Lacson sa post niya sa kanyang Twitter account.
The Communist Party of the Philippines’ “priority” to oust a sitting President in 2019 should be an added reason to tag the New People’s Army as a terrorist group, Sen. Panfilo M. Lacson said Thursday.
Lacson said so many lives had already been lost in the 50 years that the CPP and its armed wing, the NPA, had been trying to overthrow the government.
“(CPP founder Jose Maria Sison) has been at it for the past 50 years. So many lives lost already. DOJ should follow up with the court the proscription case vs the NPA as a terrorist group as per Section 2 of Republic Act 9372,” Lacson said in a post on his Twitter account.
Sen. Lacson chaired the Senate budget hearings for:
– Autonomous Region in Muslim Mindanao
– Mindanao Development Authority
– Office of the Presidential Adviser on the Peace Process
– Southern Philippines Development Authority
– National Commission on Muslim Filipinos
In an interview on DWIZ, Sen. Lacson answered questions on:
– COA report that Office of the President’s confidential/intel funds up 350% from 2016
– killing of Mayor Antonio Halili
– peace talks with CPP-NPA-NDF
– proposed amendments to the Constitution
In an interview on DZBB, Sen. Lacson answered questions on:
– dialogue between President Duterte and Catholic Church leaders
– continued support for President Duterte; adjustments his administration can make in the next 4 years
– more crime prevention, police visibility needed
– need to reassess the economy, including external factors
– consistency and having only one standard in fighting corruption
– continued jueteng operations
– localized peace talks with CPP-NPA-NDF
– fighting terrorist groups
– developments in the West Philippine Sea
To me, it makes a lot of sense. I have actually been asking myself for the longest time why we need a third country facilitator and venue to talk peace with our fellow Filipinos. For one, it entails more expenses, not to mention inconvenience.
Those who are in self-exile may only need a safe conduct passage from the government to move freely and safely during the whole duration of the peace talks. I don’t think their self-proclaimed “belligerency status” will suffer or get affected if we do not involve a third, neutral party or country.
Therefore, I fully support President Duterte in his assertion that we hold the peace talks with the Communist Party of the Philippines/New People’s Army/National Democratic Front and other rebel groups right here in our country.
In an interview on DZBB, Sen. Lacson answered questions on:
– Safeguards vs abuse in the law restoring subpoena powers to the CIDG (RA 10973)
– Claim by a UN rights official that President Duterte needs to undergo psychiatric evaluation
– Pursuing legal action vs CPP-NPA ‘terrorists’
– ICC’s principle of complementarity
– PRRD telling PNP not to cooperate with UN probe
– Calls by the DILG not to vote for barangay election candidates involved in drugs
At the Kapihan sa Senado forum, Sen. Lacson answers questions on:
– Charter change
– death penalty legislation
– effects of TRAIN
– alleged irregularities in PCSO
– allegations of CPP/NPA plotting to overthrow government
In an interview on DZBB, Sen. Lacson answers questions on:
– DPWH claimants named John Doe and Unknown
– Merits of removing exemptions from the VAT
– Pork-like entries in the proposed 2018 budget
– NPAs as ‘terrorist’ group
In an interview, Sen. Lacson answered questions on:
– Amnesty International’s claim of cops being paid to kill
– Reported plan to tap soldiers to go after rogue cops
– The reported plan to revive the PH Constabulary