Legal basis: RA 10168 designation rule
- Republic Act No. 10168 is the Terrorism Financing Prevention and Suppression Act of 2012.
- RA No. 10168 declares State policy to protect life, liberty, and property from acts of terrorism, condemn terrorism and those who support and finance it, and recognize terrorism as inimical and dangerous to national security and the welfare of the people.
- RA No. 10168 makes financing of terrorism a crime against the Filipino people, against humanity, and against the law of nations.
- RA No. 10168 provides for preventing and suppressing terrorism financing through measures including freezing and forfeiture of property or funds of designated persons/organizations.
Purpose and constitutional directive invoked
- The proclamation invokes RA No. 10168 as the statutory framework for terrorism financing prevention and suppression.
- The proclamation anchors the President’s action on Article VII, Section 17 of the Constitution, which requires the President to ensure the faithful execution of the laws.
- The proclamation emphasizes that terrorism financing and handling of property/funds linked to terrorism are treated as punishable conduct under RA No. 10168.
Definition of “designated persons”
- Section 3(e)(1) of RA No. 10168 defines “designated persons” as any person or entity designated and/or identified as a terrorist, a person who finances terrorism, or a terrorist organization or group under the applicable United Nations Security Council Resolution or by another jurisdiction or supranational jurisdiction.
- The proclamation uses Section 3(e)(1) as the legal mechanism for declaring the CPP–NPA as a designated/identified terrorist organization.
Designation of CPP–NPA as terrorist organization
- The President declares the Communist Party of the Philippines (CPP)–New People’s Army (NPA) as an entity designated and/or identified as a terrorist organization pursuant to Section 3(e)(1) of RA No. 10168.
- The proclamation bases the designation on the CPP–NPA being treated as a foreign terrorist organization by the United States of America (USA), designated on 09 August 2002, and continued inclusion in the USA list of foreign terrorist organizations.
- The declaration is made as a formal step under the terrorism financing framework in RA No. 10168.
Publication and implementing coordination
- The proclamation directs the Department of Foreign Affairs to publish the CPP–NPA designation and all other designated persons/organizations.
- Publication is required in accordance with Sections 3 and 15 of RA No. 10168.
- Publication is also required in accordance with the Implementing Rules and Regulations of RA No. 10168.
- The proclamation includes a directive implementing the designation through official publication procedures.