Scope and Application of Republic Act No. 10168
- The Act targets financing of terrorism and transactions involving property or funds linked to terrorist entities.
- Enforcement mechanisms include freezing and forfeiture of assets associated with designated persons or organizations.
- Aims to prevent and suppress crimes related to terrorism financing.
Definition of Designated Persons or Organizations
- Section 3(e)(1) of RA No. 10168 defines designated persons as those identified as terrorists, terrorist financiers, or terrorist organizations.
- Designation can be based on United Nations Security Council Resolutions or decisions by other jurisdictions or supranational bodies.
Basis for Designation of the CPP-NPA
- The United States designated the Communist Party of the Philippines (CPP) and its armed wing, the New People's Army (NPA), as a Foreign Terrorist Organization on August 9, 2002.
- This designation has been maintained since then at the international level.
Presidential Authority and Declaration
- Article VII, Section 17 of the Philippine Constitution vests the President with the duty to ensure faithful execution of laws.
- Exercising this constitutional power, the President declared the CPP-NPA a terrorist organization under RA No. 10168.
Implementation and Publication
- The Department of Foreign Affairs is tasked to publish the declaration as required by Sections 3 and 15 of RA No. 10168 and its Implementing Rules and Regulations.
- This public notice serves to inform all relevant parties of the official designation.
Legal and Official Formalization
- The declaration bears the President’s signature and the seal of the Republic of the Philippines, executed on December 5, 2017.
- The Executive Secretary countersigned the proclamation, affirming its validity and enforcement.