THE Bangko Sentral ng Pilipinas (BSP) reminded the general public that still providing material support, especially money, to known terrorist organizations such as the Communist Party of the Philippines (CPP), the New People’s Army (NPA) and the National Democratic Front (NDF), violates the law on terrorist financing and can result not only to jail time for violators but the freezing of their assets as well.
In a statement before Christmas, December 17, 2021, BSP deputy governor, Chuchi Fonacier, noted that the triad had already been designated as “terrorist organizations” by the Anti-Terrorism Council (ATC) in several resolutions as provided for under RA 11479 or the ‘Anti-Terrorism Act of 2020.’
Fonacier explained the BSP issued the reminder with the advent of the election season when the CPP is active in forcing politicians to pay for “permits to campaign/win, fees” especially in the provinces.
Other targets of CPP extortion (referred to by the CPP as ‘revolutionary tax against class enemies,’ RBKU) include mining corporations, telephone companies, construction firms, and other enterprises, including the small neighborhood sari-sari stores, as well as project funds from abroad.
In addition to money, local CPP-NPA units are also sometimes given firearms, combat boots, uniforms, and technical equipment such as cellphones and laptops by terrified candidates.
Last December 9, 2020, the ATC, under Resolution No. 12, series of 2020, designated the CPP-NPA as terrorist organizations.
Subsequently, last May 13, 2021, the ATC issued a resolution naming the 19 top leaders of the CPP, headed by its founder, Jose Maria Sison, as “terrorists.”
About one month later, on June 23, 2021, the ATC released Resolution 21, series of 2021 that included the NDF in the country’s official list of terrorist groups (see also Pinoy Exposé article on July 26, 2021).
The actions taken by the ATC are now deemed legal and constitutional after the Supreme Court last December 7, 2021, during its en banc session, upheld the constitutionality of RA 11479 (see also Pinoy Exposé article on December 13, 2021), except for two provisions that, according to National Security Adviser Hermogenes Esperon, are “minor” and would not impact on the government’s campaign against terrorism.
Based on Circular Letter 2021-100, the BSP disseminated an Anti-Money Laundering Council’s (AMLC) warning against providing financial and material support to the CPP-NPA-NDF.
“In this regard, the public and the BSFIs (banks and financial institutions) are reminded to report any coercive or illegal fund collection by the communist terrorists as these TF (terrorist financing) activities sustain the violent agenda of the CPP-NPA-NDF that disregards not only our country’s laws but also human life, public safety, and right over property,” Fonacier said.
Fonacier further stressed that anyone who offers material support to a terrorist individual or organization while knowing that such individual or organization is doing or attempting to commit terrorist actions is accountable as a principal under Section 12, in relation to Sections 4 and 6 of RA 11479.
On the other hand, Section 8 of RA 10168 or the ‘Terrorism Financing Prevention and Suppression Act’ (TFPSA), imposes the maximum penalty of life imprisonment and a maximum fine of P1 million for those who deal with or make available, any property, funds, financial services, or other relevant services available to designated (terrorist) individuals or organizations.
Section 11 of the TFPSA also allows the AMLC to freeze property or assets related to terrorist financing on its own initiative or at the request of the ATC.
The active participation of the AMLC in the activities of the ATC is provided for under Section 35 and Section 36 of RA 11479.
“Putting an end to the (armed) local communist movement entails cutting off their sources of funding and other means of support,” Fonacier added.