“The CPP/NPA, through their propaganda machinery, has managed to some extent to paint a romantic image of an organization reforming a rotten and dysfunctional system, when the exact opposite is true.”
In a surprising ruling, an RTC judge ruled that the CPP/NPA is not a terrorist organization igniting a storm that reverberates to this day.
For one, it reignited the red-tagging controversy, which seems to have died down a bit in recent weeks.
Academics and legal organizations immediately rushed to defend RTC Judge Marlo A. Magdozo-Malagar, who made the decision.
The Supreme Court also directed Lorraine Badoy why she shouldn’t be cited for contempt over her social media posts.
As a military and police veteran who has devoted many years to the anti-dissident campaign, my first reaction upon reading the news was to feel betrayed by the court decision.
It’s as if the many years of service I’ve rendered have been for nothing. I’m sure many of my kind think so too.
But let’s put those feelings aside and try to be as objective as possible about the judge’s decision.
It might be more down to her decision that catches the eye.
Because the case went to court about four years ago, it must be governed by the Human Security Act 2007 rather than the current Anti-Terrorism Act signed into law in 2020.
The two laws define terrorism somewhat differently.
The 2007 law uses the phrase “to sow and create widespread and extraordinary fear among the population” when referring to acts of violence committed to compel the government to comply with the demands of a terrorist organization.
With the government citing about nine different cases, the judge felt these did not meet the definition of widespread offenses as the cases only occurred in a few provinces and not across the country.
While acknowledging that violence is undoubtedly associated with revolutionary war, the judge makes a distinction between ends and means, which for her are not synonymous.
Although there may be some strong arguments for this position, the judge does not appear to have seen it that way.
Apparently, a distinction was also made as to whether a crime was committed in the personal capacity of an individual CPP/NPA guerrilla or was the result of instructions from the CPP/NPA.
If this is the case, the judge seems unfamiliar with how the CPP/NPA works, because in such a case there really is no difference.
We can debate other points in the decision, but the fact remains that the judge is clearly in a position to interpret the law as she sees it and her safety should not be compromised by doing so.
However, there is no denying that the decision can be counted as a victory for the CPP/NPA.
Fortunately, the process doesn’t end here. The DOJ can still appeal the decision or file a new case under the Counter-Terrorism Act of 2020. We’ll just have to wait and see what happens next
• • •
At this point, it might be helpful to remind everyone that the CPP/NPA has waged a violent revolutionary war since its inception in 1969 or 53 years ago.
The costs for the country are enormous and incalculable.
By its very nature, a revolutionary war is waged using methods outside the law to achieve its ends. These include murder, looting, kidnapping, extortion popularly known as revolutionary taxation and destruction of government and private property, and more.
The few cases cited by the good judge on which to base her decision don’t really tell the whole story if we list all the crimes committed by the CPP/NPA since its inception.
The conflict is no longer limited to waging open rebellion at gunpoint, but also uses other means such as government infiltration and propaganda to weaken the government’s ability to neutralize the CPP/NPA.
Quite simply, this conflict has grown in scope and complexity.
We now see the above ground organizations of the CPP/NPA operating openly in our midst.
The capability of the CPP/NPA is such that it can now take simultaneous action on all fronts.
For this reason, the government should try to adapt its strategies to the changing times in order not to be outmaneuvered at every turn.
The CPP/NPA, through its propaganda machinery, has managed to some extent to paint a romantic image of an organization reforming a rotten and dysfunctional system, when the complete opposite is true.
It even managed to get a popular senator who is an AFP reserve officer to make a free statement about an activity she participated in with an organization allegedly linked to the CPP/NPA.
There is nothing romantic about the CPP/NPA. Those dealing with this issue on the ground know that the CPP/NPA is an organization that will stop at nothing until it achieves its goal of taking over government.
Yes, our current system is not perfect, but it is so much better than what the CPP/NPA offers as an alternative.
