Insurgency: Court Says CPP-NPA Is Not A Terrorist Organization

 It's happened again! The NPA has collapsed. This time in  two places. The first is Agusan del Sur. 

https://www.kalinawnews.com/communist-terrorist-group-in-agsur-collapses-after-a-high-ranking-ctg-leader-and-five-members-surrender-to-the-government/

A Communist Terrorist Group operating in Agusan del Sur collapsed following the surrender of its leader and members to the 26th Infantry Battalion led by Lt Col Sandy Majarocon in Brgy Zamora, Talacogon, Agusan del Sur on September 17, 2022.

The unit's strengthened partnership and collaboration with IP leaders, Former Rebels, families, and the Local Government Units (LGUs) and relentless Focused Military Operations (FMOs) paved way for the surrender of six (6) NPA members including Badong Gumansel Lipanda alias "Reymund ”, CO of Pltn Banglas, Sub-Regional Committee 3, NCMRC. They also surrendered three (3) high-powered firearms and three (3) low-powered firearms consisting of one (1) M16 rifle, two (2) Garand rifles, one (1) shotgun, and two (2) cal.45 pistols, all with magazines and live ammunition.

Fear for their lives, scarcity of food supply, being away from their families and children, and without support from their former mass bases and higher units had pushed alias "Reymund" and his comrades to surrender and finally abandon the terrorist movement. "After the series of encounters with the army, the loss of support from the masses, and the lack of support from our superiors, and the difficulty of food and the desertion of our children, I have decided to surrender with my wife and other members. It will be very difficult for us to approach our former masses because they no longer believe in us and they do not want to be involved in the chaos anymore", alias "Reymund" said in an interview.

Meanwhile, Lt Col Sandy Majarocon, Commanding Officer of this unit, applauded the decision of alias "Reymund" to surrender. "I and the entire army in 26IB are happy that you followed the call to our government and your people when you stopped your futile and aimless activities and we will return to the bosom of our government and pray for good and peace", he said to the surrenderees.

"His (Badong) surrender together with the recent neutralization of his members indicate the collapse of Pltn Banglas, a notorious CTG under SRC3, NCMRC that has been conducting atrocities in the hinter areas of the municipalities of San Luis, Esperanza, and Talacogon of this province since 2010”, Lt Col Majarocon added.

Isn't that great? These rebels who have committed crimes, likely murdered people, and have done only god knows what are now welcomed back into the fold and will never face justice. And it's all because of the bribery program under the NTF-ELCAC.  

One group of surrenderees in Davao City was given motorcycles. 

https://www.pna.gov.ph/articles/1184002

An association of former rebels have received 15 motorcycles from the city government over the weekend, as part of its Peace 911 initiative aimed at providing sustained support for communities formerly influenced by communist rebels.

“These units will be used to complement our efforts in keeping the peace here in Paquibato. I guarantee (residents) that the city government will always be here for you," said lawyer Jonah Margarette Presto, Peace 911 focal person, in an interview on Monday.

Peace 911 is a comprehensive peace-building and development initiative that focuses on peace economy and strengthening people’s organization, good governance and rule of law, identity and healing, strengthening of people's organizations, and helping resolve ancestral domain issues.

Presto said the 120-strong Paquibato District Peace Builders received the motorcycles to "capacitate" them in maintaining peace and order in Paquibato area, a former flash point for New People's Army (NPA) activities.

The group, composed of former communist mass base organization members, was organized trained, and mobilized as peace advocates during the term of former mayor and now Vice President Sara Z. Duterte.

Their objectives include safeguarding cleared areas from re-entry and resurgence of the NPA in communities, and promote government peace programs and initiatives.

They are going to ride those motorcycles all over and prevent the NPA from regaining strength. That implies that the NPA is not dead at all and Davao City remains threatened.

The second place where the insurgency has collapsed is Davao Oriental.

https://www.sunstar.com.ph/article/1941486/davao/local-news/davor-declared-insurgency-free

THE Provincial Government of Davao Oriental officially declared that the province is "insurgency free" — the last in Davao Region to make a formal declaration.

The declaration was formalized during the Provincial Peace and Order Council (PPOC) meeting at Honey's Hotel in Mati City on Monday, September 19.

The council unanimously approved Resolution Number 1 series of 2022, declaring the province as insurgency-free after Guerilla Front South was dismantled on April 18, 2021; Guerilla Front North on June 20, 2021; and Guerilla Front 18 on September 15, 2022, all previously operating in Davao Oriental. Likewise, 108 Communist NPA Terrorists and 109 firearms were neutralized and captured by the security sector in the said province from the 3rd Quarter of 2019 to date.

In a report presented by 701st Infantry Brigade Commander BGen. Oliver Maquiling, he said they attribute the successful counterinsurgency campaign to the convergence of government agencies in implementing various peace and development programs.

Governor Corazon Malanyaon said it was high time to declare the province as insurgency-free, especially now that the province is aggressively promoting its tourism.

“We have what it takes to be a premier tourist destination, and Davao Oriental is worth visiting. But we also have to consider that the tourism industry is too sensitive to peace and order,” Malanyaon said.

"We are now witnessing history. All of our provinces here in Davao Region were declared insurgency-free. Now, I urge everyone to continue our efforts and not rest on our laurels. We will continue to push further towards the attainment of sustainable development in the whole Region,” Mempin said.

Is it simply unbelievable that the reason they made this declaration is to promote tourism. Sure, they claim all the guerrilla fronts have been dismantled and all known NPA terrorists have been captured or neutralized but the fact that peacekeepers have been given motorcycles to ride around the Davao Region and make sure the NPA does not regain strength means the threat of the NPA is not over. 

In Surigao del Sur a top NPA leader was killed.  

https://www.kalinawnews.com/communist-terrorist-leader-dead-in-surigao-del-sur/

The leader of the Communist Terrorist Group (CTG) Noel Tumarlas Alacre found dead after the intensified military operation of the 36th Infantry (Valor) Battalion at Sitio Mahanon, Maitom, Tandag City on September 16, 2022.

On September 15, 2022, at 1:30 am, more or less four (4) unidentified personalities burned three (3) motorcycles and fired several gunshots along Barangay Maitom road, Tandag City, Surigao del Sur. The Mahanon Civilian Active Auxiliary (CAA) detachment of 36IB then conducted a strike patrol to trail the arsonists which led them along the Tandag river line. The following day, troops on the continuous pursuit of the CTGs then recovered an armed and lifeless body along the river bank of Sitio Maitom, Mahanon, Tandag City, Surigao del Sur on September 16, 2022.

The cadaver was then identified as Noel Tumarlas Alacre, also known as Megan/Hardy/Heinrich/Vernie/Jerson, the Commanding Officer (CO) of Platoon 2, Weakened Guerilla Front 30 (WGF30), North Eastern Mindanao Regional Committee (NEMRC). Alacre has Twenty-eight (28) Warrants of Arrest for numerous Criminal Cases composing Twelve (12) counts of Murder, Eight (8) counts of Attempted Murder, Three (3) counts of Frustrated Murder, Two (2) counts of Slight Illegal Detention, One (1) count of Kidnapping and Serious Illegal Detention, Arson, and Abduction.

The 36IB was able to recover in his possession the following: One (1) R4A3, steel and plastic rifle magazines with live ammunition, rifle grenades, cellular phones, and personal items.

The terroristic act of arson and reckless firing perpetuated by the CTGs was immediately responded to by the Mahanon CAA Detachment, forcing the CTG leader to cross the Tandag river even under heavy rain and current leading to his eventual death. Troops were able to recover the lifeless body of Alacre as his subordinates fled and left their commander for their personal safety.

That is good news. It might spell the end of NPA in Surigao del Sur. Another NPA leader was also killed during fighting with the NPA and IP's are calling it justice. In fact it seems there has been an unbated slaughter of IPs by the NPA.

https://www.pna.gov.ph/articles/1184138

The recent death of New People’s Army (NPA) leader Noel Alacre gives justice to indigenous peoples (IPs) who fell victims to the cruelty of communist insurgents in Surigao del Sur, an IP representative said Tuesday.

In an interview, Datu Rico Maca, the Indigenous People Mandatory Representative (IPMR) of San Miguel town, said Alacre and his men were responsible for the killing of several IP leaders and members in the province.

“I could no longer count the number of IP leaders and members, particularly from the Manobo tribe these NPA rebels have killed for years,” Maca said.

He cited the killing of 73-year-old Datu Bernandino Montenegro Astudillo, the tribal chieftain of Barangay Magroyong, San Miguel.

Astudillo, along with another IP member Zaldy Ibañez, 52, were stabbed to death by NPA rebels on March 19, 2020, in Barangay Magroyong.

“It was Alacre’s men who killed Astudillo and Ibañez. They even admitted it in a statement they released a few days after committing the murder,” Maca said.

He described the NPA rebels under Alacre's command as “notorious criminals who treated the IPs in Surigao del Sur as wild animals.”

Just think about this. If the killing of an NPA leader who terrorized people is justice what does it say about the government's bribery program whereby any terrorist can surrender and be given money, housing, and job training? Imagine if Alacre had surrendered and been given job training and money. 

Now for the biggest story of the week regarding the insurgency. A court in Manila has rejected the DOJ's bid to declared the CPP-NPA as a terrorist group.

https://newsinfo.inquirer.net/1668742/manila-court-nixes-govts-petition-to-declare-cpp-npa-as-terror-organization

A Manila court has dismissed the government’s petition to declare the Communist Party of the Philippines (CPP) and its armed wing, the New People’s Army (NPA), as a terrorist organization.

The government filed the proscription petition through the Department of Justice (DOJ) in 2018 based on Section 17 of Republic Act 9372 or the Human Security Act of 2007. If granted, it hoped to seek clearance from the Court of Appeals for wiretapping, freezing, and viewing bank accounts of CPP-NPA leaders and members.

In denying the government’s case, Manila Regional Trial Court Presiding Judge Marlo Magdoza-Malgar said the CPP-NPA was not organized for terrorism.

“While the armed struggle with the violence that necessarily accompanies it is indubitably the approved means to achieve the CPP-NPA’s purpose, means is not synonymous with purpose. Stated otherwise, armed struggle is only a means to achieve the CPP’s purpose; it is not the purpose of the creation of the CPP,” part of the court’s 135-page ruling said.

CPP’s 10-point plans of action, the court said, “are reasonable aspirations of any civilized society.”

Included in the 10-point program are the following:

– Fight for national unity and democratic rights

– upholding the principle of democratic centralism,

– solving the land problem,

– carrying out national industrialization,

– promoting national scientific and mass culture,

– respecting the right to self-determination of the Bangsamoro and other national minorities and adopting an active and independent foreign policy.

That is quite an astonishing ruling and it will not be surprising if this judge is harassed and red-tagged by the usual suspects. In brief the court ruled that founding purpose of the CPP-NPA is not armed struggle. Armed struggle is only a means to achieve that purpose. Purpose and means are not synonymous. The DOJ will not be contesting this ruling because it was filed under the now obsolescent HSA.

https://newsinfo.inquirer.net/1669467/doj-wont-contest-manila-courts-dismissal-of-bid-to-tag-cpp-npa-as-terrorists-they-used-old-law

The Department of Justice (DOJ) would not contest a Manila court’s dismissal of a petition for proscription that sought to label the Communist Party of the Philippines and the New People’s Army (CPP-NPA) as terrorist organizations on the grounds that the court had relied on an archaic legal provision in reaching its decision.

DOJ spokesperson and Assistant Secretary Jose Dominic Clavano said in a statement on Friday that the Human Security Act of 2007 was the basis for the Manila Regional Trial Court’s decision, despite having been repealed by Republic Act No. 11479, also known as the Anti-Terrorism Act of 2020.

According to Clavano, it is the responsibility of the Court of Appeals, not lower courts, to determine whether or not a group is a terrorist organization, as required by the Anti-Terrorism Act (ATA). Therefore, the Department of Justice did not petition for reconsideration (MR).

“Yes, we will forego remedies of filing a Motion for Reconsideration and Petition for Certiorari under Rule 65. Instead, we will file a new proscription case under the Anti-Terrorism Act of 2020 (ATA),” he said.

“Under that law, jurisdiction over proscription cases fall under the original jurisdiction of the Court of Appeals,” he added. “We opted not to file an MR because the basis of the RTC decision is the Human Security Act which has already been repealed by the ATA.”

Earlier, in an interview with CNN Philippines’ The Source, Justice Secretary Jesus Crispin Remulla also shared Clavano’s sentiments, noting that the duty of proscription or designation falls under the Court of Appeals.

“The law used in RTC case is already a law repealed by the anti-terror act of 2020. Appealing the case will not serve us any good or even filing MR kasi walang batas talaga na dapat pagusapan dito. The law covered by the case is a repealed law,” Remulla said.

If there is one thing this ruling elucidates it is the need for Philippine courts to act FASTER! It took four years for this case to come to a conclusion and in that time the original law on which it was based was repealed! 

It should be remembered that last year the Anti-Terrorism Council, ATC, declared the CPP-NPA to be terrorist groups. However, such a declaration has no legal weight but is only the opinion of the ATC. With this court ruling the DOJ is prevented from wiretapping, and freezing the bank accounts of CPP-NPA leaders and members. 

While some see this ruling as a setback former Senator Lacson says that is not the case. 

https://newsinfo.inquirer.net/1669101/dismissed-bid-to-declare-cpp-npa-as-terrorists-not-a-setback-to-anti-terror-law

Former senator Panfilo Lacson maintained that the decision of a Manila court to dismiss petitions seeking to declare the Communist Party of the Philippines and the the New People’s Army (CPP-NPA) as terrorists is not a setback to the Anti-Terrorism Act (ATA) of 2020.

Lacson, a strong proponent and the author of the law, said that the Manila Regional Trial Court’s decision to junk the Department of Justice’s (DOJ) petition for proscription is pursuant to the ‘Saving Clause’ provision which the ATA itself provided.

Thus, Lacson said, it “should not in any way be interpreted as a setback for the law itself.”

The former lawmaker also explained that this is basically the reason why proscription is relegated to the wisdom of the court, as it may involve the detention of individuals and members of organizations suspected of violating the ATA.

“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,” Lacson said.

“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,” he explained.

It appears he is saying two things here. The first is that only the courts have the authority to proscribe, or forbid and outlaw, the CPP-NPA. The second is that persons suspected of violating the ATA could be detained which means "due process of law must be strictly observed." That is to say innocent people could be detained. That has been one of the arguments against the ATA from the beginning.  Strange to hear Lacson spouting those talking points. 

It turns out that the judge who made this ruling was indeed harassed, red-tagged, and even threatened with death by Lorraine Badoy.

https://newsinfo.inquirer.net/1669815/judge-attacked-online-for-junking-terror-tag-on-cpp-npa

In a Sept. 23 post on Facebook, a former spokesperson for the government’s anti-communist task force ranted against the judge who dismissed the Department of Justice (DOJ) petition to outlaw the Communist Party of the Philippines (CPP) and its armed wing, the New People’s Army (NPA).

Lorraine Badoy accused Manila Regional Trial Court (RTC) Branch 19 Presiding Judge Marlo Apalisok Magdoza-Malagar of lawyering for the CPP-NPA after she dismissed the DOJ’s 2018 proscription petition. She called the judge a “friend” and “true ally” of the insurgents who gave her 135-page decision as a “gift” and “propaganda material.”

The online attacks against Malagar led by Badoy and her followers have prompted a former president of the Integrated Bar of the Philippines to call on the Supreme Court to provide “clear and concrete” assistance to ensure the protection of lawyers and judges who are victims of red-tagging.

Lawyer Domingo Cayosa told the Inquirer that the court should “do a lot more,” including educating the public on judicial roles and processes.

The government should also pass anti-red tagging laws to prosecute and penalize people engaged in the practice, he said.

“The new national security adviser announced that red-tagging would be discontinued, but it remains to be seen,” Cayosa said in a text message.

In her now-deleted Facebook post, Badoy said: “So if I kill this judge and I do so out of my political belief that all allies of the CPP NPA NDF must be killed because there is no difference in my mind between a member of the CPP NPA NDF and their friends, then please be lenient with me.”

By making her statement “hypothetical,” Cayosa said Badoy “avoids being charged with grave threats”

“Criticizing or commenting on a judicial decision is part of freedom of expression,” he said.

Badoy has removed that Facebook post.

Truly Lorraine Badoy is a disgusting creature. A group of judges have spoken out condemning Badoy's words but that won't deter her. More decisive action is needed against that woman.