Senator Panfilo Lacson said Thursday President Rodrigo Duterte has no authority to declare communist groups as terrorists officially.
Lacson was responding to Duterte’s recent statement that he has declared communist rebels as terrorists.
The senator said there is a “judicial process involved” in proscribing a group as a terrorist organization.
“If the President is referring to proscription of a group, organization or association as a terrorist organization, there is a judicial process involved, meaning full court intervention via the Court of Appeals, complete with due notice and hearing,” he said in a statement.
Regarding President Duterte’s recent comment, Lacson said: “It is a personal opinion of the President, not [an] official [declaration].
“The trial of the proscription case against the CPP-NPA (Communist Party of the Philippines-New People’s Army) is still pending before the Manila RTC. With the passage of the Anti-Terrorism law, the trial will be transferred to a division of the Court of Appeals to be authorized by the Supreme Court,” he added.
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Lacson pointed out that under the Anti-Terrorism Act, the Court of Appeals has the authority to proscribe organizations as a terrorist, not the Anti-Terrorism Council.
The senator added the Department of Justice would ask the Court of Appeals to proscribe a specific organization as a terrorist.
“The burden of proof lies with the DOJ,” Lacson said.
The Anti-Terrorism Council would be composed of presidential appointees. It would only have the authority to order the Anti-Money Laundering Council (AMLC) to release a freeze order on the assets of the designated terrorist person or group.
“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. The designation to freeze 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,” Lacson explained.
“Also, such designation [by ATC] follows the guidelines and standards set by the UN Security Council Resolution 1373. It is not absolute or discretionary on the part of the ATC,” Lacson added.