Warrantless arrest, may limitasyon sa IRR ng anti-terror law – ATC

Robie de Guzman   •   October 19, 2020   •   949

MANILA, Philippines – May limitasyon ang pagsasagawa ng warrantless arrest sa ilalim ng mga panuntunan ng bagong Anti-Terrorism Act, ayon sa Anti-Terrorism Council (ATC).

Sinabi ni ATC spokesperson, Undersecretary Adrian Sugay na sa ilalim ng implementing rules and regulations (IRR) ng batas, hindi maaaring gamiting batayan ang “mere suspicion” o hinala lamang sa pag-aresto ng walang kaukulang warrant of arrest .

Ayon kay Sugay, nakasaad sa IRR na dapat may probable cause o matibay na batayan upang mang-aresto ang mga otoridad.

Posible lang din aniya ito kung ang isang indibidwal ay nahuli sa aktong gumagawa ng krimen o kaya may “hot pursuit” o kaya ay tumakas ito sa bilangguan.

“Ang posisyon namin d’yan the way we interpret, is that it should be interpreted in relation to Rule 113 of the warrantless arrest. It can be reasonably interpreted that any arrest based on section 29 is has to be based on probable cause,” ang wika ni Sugay.

Nakasaad rin aniya sa IRR na obligadong magsumite ng affidavit sa ATC ang mga law enforcer upang makakuha ng pahintulot bago isagawa ang pag-aresto sa anomang suspek.

Sa ilalim ng batas, maaaring idetine ng dalawang linggo hanggang 24 na araw ang isang naarestong indibidwal.

Sa kabila ng ginawang pagtitiyak ng ATC, plano naman ng Bayan Muna Party-list na maghain ng petisyon sa Korte Supreme upang kwestuyunin ang nilalaman ng IRR para sa Anti-Terrorism Act.

Hihilingin din nila sa korte na maglabas ng temporary restraining order (TRO) para itigil ang pagpapatupad ng batas.

“Pag-aaralan ng makabayan bloc especially inilabas na itong IRR kung magsasampa ng petisyon to nullify and declare unconstutional itong IRR or just a supplemental petition,” ang pahayag ni Bayan Muna Party-list Rep. Carlos Zarate.

Sa ngayon ay aabot na sa 37 petisyon ang naka-hain sa Korte Supreme laban sa kontrobersiyal na batas. – RRD (mula sa ulat ni Correspondent Dante Amento)

AMLC issues freeze order on assets, funds related to NDFP

Robie de Guzman   •   July 20, 2021

MANILA, Philippines – The Anti-Money Laundering Council (AMLC) has issued a freeze order on accounts and assets related to the National Democratic Front of the Philippines (NDFP) after the anti-terrorism council (ATC) designated it as a terrorist group.

“The AMLC issued Resolution No. TF-42, series of 2021 directing the issuance of Sanctions Freeze Order to take effect immediately against the National Democratic Front (NDF), also known as the National Democratic Front of the Philippines (NDFP), pursuant to its designation as terrorist by the ATC Resolution No. 21 dated June 23, and the freezing without delay of the following property or funds, including related accounts,” the AMLC said in a notice posted on its website.

The ATC earlier designated the NDF as a terror group, citing is as an “integral and inseparable part” of the Communist Party of the Philippines-New People’s Army since 1973.

The AMLC said the freeze order covers property or funds that are owned or controlled by the NDF, and its “not limited to those that are directly related or can be tied to a particular terrorist act, plot, or threat.”

Also covered are property or funds that are “wholly or jointly owned or controlled, directly or indirectly, by the NDF.”

Property or funds derived or generated from funds or other assets owned or controlled, directly or indirectly, by the NDF; and property or funds of persons and entities acting on behalf or at the direction of the NDF, are also covered by the freeze order.

The AMLC said that any person, whether natural or juridical, including covered persons, private companies, government owned or controlled corporations, and government agencies and instrumentalities shall be prosecuted to the fullest extent of the law pursuant to Terrorism Financing Prevention and Suppression Act of 2012 (TFPSA) if they are found:

  • Dealing directly or indirectly, in any way and by any means, with any property or fund that he knows or has reasonable ground to believe is owned or controlled by the NDF, also known as the NDFP, including funds derived or generated from property or funds owned or controlled, directly or indirectly, by the NDF

 

  • Making available any property or funds, or financial services or other related services to the NDF

“All covered persons are mandated to submit as Suspicious Transaction Report all previous transactions of the NDF, also known as the NDFP, within five days from effectivity of this order,” the AMLC said.

“All persons, organizations, associations or groups of persons whose property or funds are frozen, including related accounts are hereby informed that they may avail of the remedies under Republic Act No. 11479, otherwise known as Anti-Terrorism Act of 2020, and its Implementing Rules and Regulations and under the TFPSA and its Implementing Rules and Regulations,” it added.

 

 

 

PH designates NDFP as terrorist organization

Marje Pelayo   •   July 19, 2021

MANILA, Philippines  — The Philippine government, through the Anti-terrorism Council (ATC), has declared the National Democratic Front of the Philippines (NDFP) as a terrorist organization.

In a resolution dated June 23, 2021, the ATC said it found probable cause to designate the NDFP — also known as National Democratic Front (NDF) — “as a terrorist group of persons, organization, or association for having committed, or attempting to commit or conspire in the commission of the acts defined and penalized under Sections, 7, 10, and 12 the Anti-terrorism Act of 2020 (ATA).”

According to the resolution, the ATC referred to the NDFP as an “integral and inseparable part” of the Communist Party of the Philippines – New People’s Army (CPP/NPA) which was formally tagged as a terrorist group in December last year.

The NDFP’s designation follows the terrorist designation of CPP founder, Jose Maria Sison and his wife Juliet, by the ATC.

Moreover, the resolution said, Sison further highlighted NDF’s connection with the CPP/NPA when he identified the CPP/NPA as allied organizations of the NDFP in his message for the NDF’s 48th anniversary in April 2021.

 

 

 

 

Military backs Anti-Terrorism Council’s resolutions on terrorist tag

Robie de Guzman   •   May 13, 2021

MANILA, Philippines — The Armed Forces of the Philippines (AFP) on Thursday expressed support for the decision of the Anti-Terrorism Council (ATC) to publish resolutions designating some individuals as terrorists.

“The AFP supports the Anti-Terrorism Council’s Resolution Nos. 16 and 17 which designate 10 local terrorist group individuals and 19 CPP-NPA members as terrorists,” AFP chief of staff General Cirilito Sobejana said in a statement.

“The military organization further conveys its full confidence to the ATC’s decision which was carried out based on verified and validated information,” he added.

The ATC published on Thursday Resolution No. 17, designating 19 alleged leaders of the Communist Party of the Philippines (CPP) and the New People’s Army as terrorists.

The council also listed as terrorists in Resolution No. 16 ten members of different local terrorist groups such as the Abu Sayyaf Group, the Bangsamoro Islamic Freedom Fighters, and the Daulah Islamiyah.

These individuals are accused of conspiring, planning, and preparing for the commission of terrorism, covered by Sections 6, 7, and 10 of the Anti-Terrorism Act.

With this development, the AFP said it will be able to further protect the public citizens from terrorist acts by closely working together with government law enforcement agencies and focusing resources to bring the mentioned personalities to justice.

“We are optimistic that the ATC’s resolution will continue to empower government, under the rule of law, to eradicate terrorism in our country, and maintain a peaceful and progressive nation for every Filipinos,” Sobejana said.

Under the Anti-Terrorism Law of 2020, the ATC has the authority to designate individuals, groups of individuals, organizations, or associations as terrorists without a court hearing.

This measure will allow the Anti-Money Laundering Council to freeze the assets of designated personalities or organizations.

Persons designated as terrorists have 15 days to file a request for delisting.

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