MANILA — The lawyers of some of the individuals designated as terrorists by the Anti-Terrorism Council are pushing back against what they call “baseless” terror-tagging.

Atty. Ferdinand Topacio, lawyer for Rep. Arnolfo Teves, Jr., said in a statement, this move was not surprising since, he said, the government has been bent on pinning Teves for the killing of Negros Oriental Gov. Roel Degamo.

• Rep. Teves, 12 others tagged as 'terrorist' for alleged role in Degamo slay

“Since Day One of the Degamo killing, the government has mobilized all the resources at its disposal -- starting with immediately tagging Mr. Teves as the mastermind thereof without investigation, conducting illegal searches on his properties, laying siege to his powers and prerogatives as member of the House, embarking on a massive media campaign to discredit him and prejudice the minds of the public against him, among others -- all in an obsessive attempt to blame him for a crime at the expense of his Constitutional rights,” he said.

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Topacio pointed out that all key witnesses against Teves have recanted and there is a lack of evidence against him.

The 10-page ATC resolution designating Teves and 12 others as terrorists had cited the initial testimony of 10 suspects allegedly pointing to Teves as the mastermind for Degamo’s killing while Marvin Miranda, one of those designated, as the organizer and person who procured the weapons.

But it did not mention the recantations of these 10 suspects, who are all facing multiple murder, frustrated murder and attempted murder charges in court over the Degamo slay.

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Seven of these 10 suspects were among the 13 designated.

Topacio accused the government of weaponizing the Anti-Terrorism Act “for the purpose for which it was not designed.”

The ATC claimed they found probable cause to believe that the 13 designated as terrorists violated certain provisions of the Anti-Terrorism Council, particularly:
-sec 4 on terrorism
-sec 6 on planning, training, preparing and facilitating commission of terrorism
-sec 10 for recruitment to a membership in a terrorist organization
-sec 12 for providing material support to terrorists

The all-executive body said the Degamo killing must not be taken as an "isolated and random incidents of violence" but part of an "unmistakable pattern of a rather organized and orchestrated action" which "created an atmosphere or spread a message of fear."

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It said Rep. Teves is the leader and mastermind of the group; Pryde Henry Teves and Nigel Electona provided material support; Hannah Mae Sumero Oray handled the operational funds for the killings while Miranda acted as organizer and recruiter.

But Russel Miraflor, lawyer for Rogelio Antipolo, Rommel Pataguan and Daniel Lora, said his clients never committed acts of terrorism.

Instead, he said the designation is part of the persecution by the government against Teves and those alleged to be acquainted to him.

Lawyer Michael Mella specifically rebutted the ATC resolution naming his client Nigel Electona as having provided material support to terrorists.

“None from those malicious cases filed against my client allege any act that would constitute terrorism in the same manner that there is no allegation that he provided or is providing material support to any terrorist as what the ATC Resolution belatedly paints now,” he said.

He said the ATC resolution “has no factual and legal anchorage” but “based on planted and fabricated evidence.”

He stressed that his client has not been found guilty of any crime yet and is still undergoing preliminary investigation in one complaint and pre-trial conference for another case.

Meanwhile, Jord Valenton, lawyer for 3 others designated, questioned how the ATC determined that his clients were the same armed men who were wearing bonnets when they supposedly attacked the Degamo compound.

“There are big and lingering questions though,” he said. “There just is a big gap that has yet to be bridged, and yet this one.”

WHAT CONSTITUTES TERRORISM?

The ATC’s designation is done ex parte or without the participation of the subjects of the designation.

This is one of the arguments raised by those questioning the constitutionality of the Anti-Terrorism Act — that they are deprived of due process because they will only learn about their designation once they have been designated.

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And the process to have the designation undone, called delisting, was only provided in the Implementing Rules and Regulations of the law, which petitioners argued, was just an afterthought.

But the Supreme Court did not strike down the provision allowing the Anti-Terrorism Council to designate terrorists, striking down only the portion of the provision which refers to requests for designation by other jurisdictions based on the UN Security Council’s criteria.

Authorities have clarified that the designation as terrorists under the Anti-Terrorism Act does not result to immediate arrests but only to authorize the Anti-Money Laundering Council to freeze the assets and funds of those designated.

The Teves designation however brings back the discussion on what really constitutes terrorism.

The ATC resolution said "several killings/harassments" in Negros Oriental allegedly attributed to the Teves Terrorist Group supposedly “resulted in an atmosphere of fear that affected the personal life and liberty of the residents.”

Under section 4 of the Anti-Terrorism Act, there are 2 components to terrorism: the criminal act and the purpose.

Acts include those that cause death or injury, cause destruction to a government or private facility or critical infrastructure or develop or acquire biological, nuclear, radiological or chemical weapons, or release dangerous substances or cause fire, floods or explosions.

The purpose is to intimidate the public, create an atmosphere or spread a message of fear, intimidate the government or an international organization, destablilize fundamental political, economic or social structures, or create a public emergency or seriously undermine public safety.

Ultimately though, what constitutes terrorism is for the courts to determine based on a certain set of facts.

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