Question & AnswerQ&A (PROCLAMATION NO. 374)
Republic Act No. 10168 is also known as "The Terrorism Financing Prevention and Suppression Act of 2012." It is a law aimed at protecting life, liberty, and property from acts of terrorism, condemning terrorism and its financiers, and making financing of terrorism a crime.
The policy of the State under RA No. 10168 includes protecting life, liberty, and property from acts of terrorism, condemning terrorism and those who support and finance it, recognizing terrorism as dangerous to national security and public welfare, and criminalizing the financing of terrorism.
Section 3(e)(1) of RA No. 10168 defines 'designated persons' as any person or entity identified as a terrorist, one who finances terrorism, or a terrorist organization or group, under applicable United Nations Security Council Resolutions or by another jurisdiction or supranational jurisdiction.
The Communist Party of the Philippines (CPP) and its armed wing, the New People's Army (NPA), were declared as a designated terrorist organization under Proclamation No. 374 on December 5, 2017.
The CPP-NPA was designated as a terrorist organization pursuant to Section 3(e)(1) of RA No. 10168 and recognized as such due to its designation as a foreign terrorist organization by the United States of America on August 9, 2002.
Designation involves the criminalization of financing terrorism, dealing with the property or funds of the designated persons or organizations, and allows for the freezing and forfeiture of their property or funds to prevent and suppress terrorist acts.
The Department of Foreign Affairs (DFA) is directed to publish the designation of terrorist organizations and designated persons in accordance with Sections 3 and 15 of RA No. 10168 and its Implementing Rules and Regulations.
Article VII, Section 17 of the Philippine Constitution provides that the President shall ensure that the laws are faithfully executed, which underlies the President's authority to declare entities as terrorist organizations under existing laws.
Proclamation No. 374 was signed on December 5, 2017, in the City of Manila.