Conspiracy, violation of Human Security Act may be filed vs Reds’ “legal fronts,” Roque says

November 23, 2017

Members of the communist "legal fronts" could be charged with conspiracy to commit rebellion and violation of the Human Security Act, President Rodrigo Duterte's spokesman said on Thursday.

Duterte has warned that he would order the arrest of members of the New People's Army's legal fronts.

"Yes, he can. (The) President is a former prosecutor. He knows that there can be a conspiracy to commit a crime of both rebellion and the violation of the Human Security Act because you can now be prosecuted, for acts, overt acts constituting rebellion, also for violation of the Human Security Act, where the taking up of arms is intended for the purpose of inflicting fear or terror in the minds of the general public," said Secretary Harry Roque, also presidential adviser on human rights, in a press briefing.

He said even if these members of legal fronts did not physically take up arms, but if they are part of a conspiracy to commit acts of terror or rebellion, they could be held liable "under the theory of conspiracy."

Roque refused to name the legal fronts of the Communist Party of the Philippines-NPA.

He said Duterte would be advised by security forces on which of the legal fronts should be charged with conspiracy.

"The security forces will advise the President. And the Department of Justice prosecutors will act accordingly," he said.

In the previous speeches, Duterte named militant Bagong Alyansang Makabayan (Bayan) and transport group Pagkakaisa ng mga Samahan ng mga Tsuper at Operators Nationwide (Piston) as fronts of the NPA.

Duterte has said he would issue a proclamation declaring the NPA as a terrorist organization as he also ordered the cancellation of the peace talks with the National Democratic Front, the political wing of the CPP-NPA.

Asked if there would be a formal notice of termination of the peace talks with the NDF and cancellation of the safe conduct passes of the rebel leaders and consultants under the Joint Agreement on Security and Immunity Guarantees following Duterte's order, Roque said it would be up to the Office of the Presidential Adviser on the Peace Process to act accordingly.

As to the temporary liberty granted to some 20 CPP-NPA-NDF leaders and consultants, including couple Benito and Wilma Tiamzon, he said, "it's for the DOJ (Department of Justice) to act accordingly pursuant to the order of the President."

"In answer to your question, they should because he has said that their temporary passes are effectively revoked and if there are existing warrants of arrest against them, then they should be arrested anew," he added. Celerina Monte/DMS