Teves camp: Futile to appeal to Anti-Terrorism Council
BY ASHZEL HACHERO and VICTOR REYES
THE camp of suspended Negros Oriental Rep. Arnolfo “Arnie” Teves said they are not planning to ask the Anti-Terrorism Council (ATC) to reverse its decision to designate him as a terrorist because government has prejudged his case.
Instead, Teves’ lawyer Ferdinand Topacio said, they may seek relief from courts.
“It is futile to appeal for the ATC to reverse their resolution. The ATC had already made up their minds, they are an adjunct of the administration and the present administration had already prejudged the case. The executive has made up its mind that my client is guilty,” Topacio told CNN Philippines a day after the ATC released the resolution designating the lawmaker, his brother Pryde Henry, and 11 others as terrorists.
“We have very little chance in the executive or agencies that fall under the executive such as the Department of Justice or the Department of the Interior and Local Government. They have already decided on this course of action,” he added.
The Teves brothers are accused of masterminding the March 4 attack that killed their political rival, Negros Oriental governor Roel Degamo but the ATC resolution tagging them as terrorists is also based on several other killings and incidents of harassment in the province.
The ATC said the 11 others are alleged members of the “Teves Terrorist Group.”
A military task force, called the Joint Task Force Degamo, was formed after Degamo’s killing in his residential compound in Pamplona town, Negros Oriental. Nine others died in the attack.
The task force’s main mission is to go after the armed followers of the Teves family and restore peace and order in Negros Oriental. With the terrorist designation, the military can use its better trained and better equipped counter-terrorism unit which is seeing action mainly in Mindanao.
“Counter-terrorism will be our model, not just law enforcement although there is a very thin delineation (between the two)… Our troops will be more focused considering they are considered terrorists,” said Lt. Gen. Benedict Arevalo, commander of the AFP Visayas Command based in Cebu City.
Arevalo said the designation will help in going after the armed group of the Teveses.
“It will help us on the law enforcement side,” he said, citing the filing of cases.
“On the military side, the forces that we will be employing will be stronger. We can use them not only (to fight) criminality. This is also in the template of counter-terrorism. This means, we can use our counter-terrorism units,” said Arevalo.
‘STUPIDITY’
Teves, in an online press conference with reporters, said accusing him of being a terrorist is “stupid” because being a politician, he submits himself to the democratic process of elections.
“‘Yan ‘yung pinaka-istupido nilang sinabi. Sino ba namang pulitiko ang magso-sow ng fear? Nangangampanya ka nga para mahalin ng tao sabay mananakot ka? Malaking katangahan yun, di ba? Sa totoo lang (That’s the most stupid thing they’ve said. Is there a politician who would sow fear? You campaign for people to love you and you’ll threaten them? That’s a big stupidity, right?),” he told reporters
“There’s no such thing as a Teves Terrorist Group,” he added. “It’s illogical, it’s stupid, it’s katangahan (it’s stupidity).”
Topacio said tagging Teves as a terrorist is “an act of desperation” on the part of the government.
“It’s easy to accuse, it’s easy to point fingers, but proving it is another thing. And that is why I think that they resorted to the Anti-Terrorism Act as an act of desperation.”
The lawyer, who was among the supporters of the Anti-Terrorism Act of 2020, admitted it can be abused if the executive branch that implements is “ruthless and has no conscience.”
He said the law will be very dangerous if weaponized by the State because it can indeed be used against perceived political enemies.
Topacio said his client is not left without any legal course as they are already considering bringing the issue to the courts.
“Every court has certiorari jurisdiction so we are carefully weighing our options. We will question it before the Supreme Court or any other judicial forum that is appropriate,” he said.
Topacio said they may seek remedies first from the lower courts before going to the Court of Appeals and the SC.
He also said they are reaching out to the lawyers of the other accused but with caution.
“Sometimes what stops us from reaching out to these lawyers might be accusations of collusion,” he said.
The ATC resolution said their violations include committing terrorism; planning, training, preparing and facilitating the commission of terrorism; recruitment to and membership in a terrorist organization; and providing material support to terrorists.
After the designation, the Anti-Money Laundering Council froze all the assets of the suspended lawmaker.
Topacio said he has no knowledge or information yet about the AMLC’s move but added they also have possible remedies to contest it under the law.
“Of course, I am not the one managing the assets of Cong. Teves so I would not know. But under the law, we have remedies available on that,” Topacio said without going into details.
AMLC Legal Officer Luis Anthony Warren told reporters in a press briefing in Malacañang Tuesday that the move is ministerial on the part of the body.
“Upon the designation of an individual or organization, it is ministerial upon the part of the AMLC to issue an ex parte order to freeze without delay the assets of the subjects in this case,” he said.
WARNING
The AMLC warned that any person or group that who deals directly or indirectly with any property or fund owned by individuals or groups that have been designated as terrorists, or makes available any property or fund, or financial services or other related services to them “shall be prosecuted to the fullest extent of the law.”
The AMLC, on July 31, issued AMLC Resolution No. TF-69 series of 2023 that “directed (the) freezing without delay of the following property or funds, including related accounts owned or controlled” by Teves and the alleged members of the Teves Terrorists Group after they were designated as terrorists.
The AMLC said the issuance of the freeze order is in pursuant of the Terrorism Financing Prevention and Suppression Act of 2012 (TFPSA) which freezes the property or funds owned or controlled by the designated terrorists, even those not related or tied to a terrorist plot, and the property or fund that are wholly or jointly owned, controlled, directly or indirectly owned by the designated terrorists.
Also frozen are property or funds generated from the assets owned, controlled directly or indirectly by the designated terrorist; or fund and property of persons acting on behalf are acting at the direction of the designated terrorist.
The ATC, in a resolution dated July 26, also designated as terrorists Marvin H. Miranda, Rogelio C. Antipolo, Rommel Pattaguan, Winrich B. Isturis, John Louie Gonyon, Dahniel Lora, Eulogio Gonyon, Tomasino Aledro, Nigel Electona, Jomarie Catubay, and Hannah Mae Sumero Oray.
The AMLC said designated terrorists, as well as persons, organizations, associations or groups of persons whose property or funds, including related accounts, that may have been affected by the freeze order can avail of remedies available under RA 11479.
The AMLC also directs all concerned institutions to submit “suspicious transaction reports” on all transactions of the designated persons, within five days from effectivity of the sanctions freeze order.
FOCUSED OPERATIONS
Arevalo said with the designation, the task force which is composed of units from the Army, Navy, and Air Force can be “more focused” on going after the Teveses’ armed men.
“Counter-terrorism will be our model, not just law enforcement although there is a very thin delineation (between the two)… Our troops will be more focused considering they are considered terrorists,” said Arevalo.
“With the resolution, we will be determined in our campaign against this group,” he said.
Arevalo said the Teves armed group is not that large.
“It’s not that strong really but we should understand the political dynamics sometimes… It (problem) is not that worse but as I said, it’s one too many if they are holding illegal firearms, there should be no proliferation of illegal possession of firearms, that’s our point.”
“One illegal firearm is always one too many so. An illegal weapon can do so much. How much more if you have several or dozens of that?” he added. — With Wendell Vigilia and Jocelyn Montemayor
