The conviction of Frenchie Mae Cumpio and Marielle Domequil on terrorism financing charges by the Tacloban Regional Trial Court last January had become even more legally odd
The appellate court affirmed its earlier decision junking the forfeiture case against the journalist and development worker, rejecting government’s appeal filed by the Anti-Money Laundering Council (AMLC).
The Court of Appeals (CA) said there was no factual and legal basis to initiate the forfeiture proceedings against Cumpio and Domequil, adding it was the Anti-Terrorism Council (ATC), through the AMLC, that initiated the proceedings using “uncorroborated witness testimonies.”
In what was described by rights lawyers as a landmark decision, the CA’s Third Division last November reversed and set aside the Manila Regional Trial Court ruling of December 2022 ordering the forfeiture of ₱557,360 found at Cumpio and Domequil’s room during their arrest.
The CA in its April 13 ruling affirmed its earlier decision, underscoring that the credibility of the self-proclaimed “rebel returnees” upon whose testimonies the two were convicted of terrorism financing were doubtful.
READ: Court of Appeals rebukes AMLC for ‘hasty labeling’ of journalist, church worker as ‘terrorists’
The Court did not give credence to the testimonies of the two self-confessed rebel returnees, Lex Mika M. Bustillo and Jason B. Rafalles who claimed that they have personal knowledge of Frenchie’s and Marielle’s involvement with underground Communist groups.
The CA also ruled that the testimony of Bustillo as a supposed insider witness should be “received with extreme caution”, and that “(u)less it is supported by independent and unbiased evidence, her narration of the events deserves scant consideration.”
Associate Justices Apolinario Bruselas Jr., Ruben Reynaldo Roxas, and Jaime Fortunato Caringal said: “The Court found no proof of [Cumpio and Domequil’s] involvement in any suspicious financial activity. Their names do not also appear in any of the published lists of designated terrorists.”
They added: “Without a proper designation or proscription, the State has no business meddling with the assets of a private individual who is not shown to be connected to any terrorist activity, as defined under the ATA.”
Cumpio and Domequil, along with three other activists, were arrested in the dead of night on February 7, 2020 when the law was non-existent.
Last January, the Tacloban “Anti-Terrorism Court” ruled that Cumpio and Domequil were innocent of the government’s original charge of illegal possession of firearms and explosives but deemed both guilty in the terrorism financing charge.
Defense lawyers said they are waiting for the CA to serve notice of proceedings for their appeal against the conviction. # (Raymund B. Villanueva)
