MANILA, Philippines – An officer of the progressive Makabayan coalition, along with other activists, pushed back on the anti-terror law complaint filed against them by members of the Armed Forces of the Philippines (AFP).

Represented by their counsels, the activists filed their counter-affidavits with the Nueva Ecija prosecutor’s office on Friday, May 3. The respondents are:

• Nathanael Santiago, secretary general of Bayan Muna and Makabayan coalition;
• Servillano Luna Jr., campaign director and former secretary general of Anakpawis;
• Rosario Brenda Gonzalez, development worker and convenor of ASCENT, an organization involved in developmental work;
• Anasusa San Gabriel, a church lay worker who volunteers at the Bulacan Ecumenical Forum, and is engaged in human rights and environmental advocacies

The Makabayan coalition said soldiers from the 84th Infantry Battalion, 7th Infantry Division of the Philippine Army filed the complaint for alleged violation of section 4(a) [causing death or bodily injury] and (d) [possession of weapons of mass destruction] of Republic Act (RA) No. 11478 or the anti-terror law. The petitioners accused the respondents of participating in an encounter between military and rebel forces in Nueva Ecija.

On October 8, 2023, military forces and alleged members of so-called “Kilusang Larangan Gerilya-Sierra Madre” had an alleged encounter in Barangay San Fernando, in the Central Luzon province. The identity of individuals were allegedly confirmed by so-called rebel-returnees.

In their counter-affidavits, the activists belied the allegations and pointed out supposed loopholes on the manner they were identified by the witnesses.

“The complaint filed by the Armed Forces of the Philippines through its 84th Infantry Battalion, 7th Infantry Division of the Philippine Army, is a clear example of state harassment and intimidation against legitimate dissent and opposition,” the Makabayan bloc said in a statement. “The use of supposed ‘rebel returnees’ to identify the accused is a dubious tactic that raises serious questions about the integrity of the investigation.”

The soldiers also filed complaints for attempted murder, murder, and section 4 (c)(5) [attacks on civilians] of RA No. 9851 or the domestic law on International Humanitarian Law (IHL), but those were junked by the prosecution in January.

Only the anti-terror law complaint remained, resulting in the activists’ indictment.

Why this matters

Progressive groups were part of the long list of petitioners who challenged the draconian law passed during Rodrigo Duterte’s time as president. Activists feared the law for many reasons, including the arbitrary power of the anti-terror council to designate individuals as terrorists without going to trial, based only on their own determination during proceedings held in secret.

The measure is now being used against progressive individuals, like in the case of Cordillera Peoples Alliance leaders Windel Bolinget, Sarah Abellon-Alikes, Jennifer Awingan-Taggaoa, and Stephen Tauli, who were designated terrorists in 2023.

Most recently, the Anti-Money Laundering Council (AMLC) ordered the freezing of five bank accounts of an Eastern Visayas-based development organization that helped communities hit by natural disasters, for allegedly making funds available to the Communist Party of the Philippines.

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The government has not always been successful in using anti-terror law to its own advantage.

In 2021, Olongapo Regional Trial Court junked the first known anti-terror law case against Aetas Japer Gurung and Junior Ramos, saying that it was a case of mistaken identities. The Aetas were accused of being New People’s Army members.

Two years later, a Laguna prosecutor junked the anti-terror law complaint filed against Tanggol Batanggan spokesperson Hailey Pecayo and other progressive individuals. – Rappler.com