QuestionsQuestions (PROCLAMATION NO. 374)
It is based on Republic Act (RA) No. 10168, specifically Section 3(e)(1), which allows designation/identification of terrorist organizations under relevant UN Security Council Resolutions or by another jurisdiction/supranational jurisdiction.
RA 10168 aims to protect life, liberty, and property from acts of terrorism, condemn terrorism and those who support/finance it, and treat terrorism financing as a crime.
“Designated persons” are any person or entity designated and/or identified as a terrorist, one who finances terrorism, or a terrorist organization or group under applicable UN Security Council Resolutions or by another jurisdiction or supranational jurisdiction.
Article VII, Section 17 of the Constitution is invoked, which provides that the President shall ensure that the laws are faithfully executed.
It states that on 09 August 2002, the USA designated the CPP-NPA as a Foreign Terrorist Organization (FTO) and continues to include it in its FTO list.
Because RA 10168’s Section 3(e)(1) permits identification/designation of terrorist organizations not only under UN resolutions but also by another jurisdiction or supranational jurisdiction—here, the USA.
It directs the DFA to publish the designation of the CPP-NPA and other designated persons/organizations in accordance with Sections 3 and 15 of RA 10168 and its Implementing Rules and Regulations.
The proclamation notes that RA 10168 criminalizes financing of terrorism and dealing with the property or funds of designated persons/organizations, and it suppresses offenses through freezing and forfeiture of property/funds, among others.
No. The proclamation relies on designation/identification through another jurisdiction—specifically the USA’s FTO listing—consistent with RA 10168’s Section 3(e)(1).
It makes the entity a “designated person/organization” under the law, enabling application of RA 10168’s mechanisms such as criminal liability for terrorism financing/dealing with funds, and freezing/forfeiture of property or funds of designated persons/organizations.
The Executive Secretary, Salvador C. Medialdea, signs “By the President,” and the proclamation bears the Presidential signature and the seal of the Republic.
It was done in the City of Manila on 5 December 2017.
It states that terrorism is inimical and dangerous to national security and the welfare of the people, and that financing terrorism is a crime against the Filipino people, against humanity, and against the law of nations.
It implies that publication by the DFA is required to comply with RA 10168 (Sections 3 and 15) and the IRR, suggesting that the designation’s effects are tied to official publication and implementation procedures.
The trigger fact is the prior designation by the USA (FTO designation) continuing to include CPP-NPA in its list, which fits RA 10168’s provision allowing identification/designation by another jurisdiction.