Appellate court denies petition to forfeit funds seized in midnight raid
The Court of Appeals (CA) strongly chastised the Anti-Money Laundering Council (AMLC) for its “hasty labeling” of journalist Frenchie Mae Cumpio and church lay worker Marielle Domequil as “terrorists.”
In an October 29 decision denying AMLC’s petition to forfeit funds seized from the two during their arrest in Tacloban City in February 2020, the appellate court reprimanded the council it should be mindful of the rights of civilians.
“The Court cannot countenance the hasty labeling of human rights advocates as terrorists and the speedy confiscation of their funds and property in the name of national security. Measures to counter terrorism must not be done without due process, and at the expense of individuals, groups, and civil society organizations that are engaged in the promotion and defense of human rights,” the decision reads.
“To permit the forfeiture of property and funds without strict observance of the guidelines… would erode the public’s trust in the state’s capacity to manage threats to national security and address the causes of terrorism,” the CA added.
In what is described by rights lawyers as a landmark decision, the CA’s Third Division 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 funds are part of Church-led Stand with Samar-Leyte campaign for farmers in the Eastern Visayas region, the accused said.
The National Union of People’s Lawyers (NUPL), lawyers of Cumpio and Domequil, welcomed the decision and pointed out CA’s key findings in its decision:
- The Anti-Money Laundering Council (AMLC), failed to: a) establish that the seized funds were related to or intended to finance terrorism; b) prove that Cumpio and Domequil were designated or proscribed individuals under the law; and c) establish any link between Cumpio and Domequil and the Communist Party of the Philippines-New People’s Army (CPP-NPA).
- The Court found proof and indications that Cumpio and Domequil were gainfully employed—Cumpio as a journalist and Executive Director of Eastern Vista, and Domequil as a lay worker of the Rural Missionaries of the Philippines (RMP)—“who had been actively participating in the efforts to improve the plight of human rights victims in Samar.”
- The Court clarified that under the (ATA) and its Implementing Rules, the AMLC may only conduct a “permissible investigation” into properties or funds of designated or proscribed individuals and organizations. Since Cumpio and Domequil were neither designated nor proscribed, and there was no evidence that they were linked to any such organization, the AMLC’s investigation and the subsequent forfeiture case were impermissible and unlawful.
- Under these circumstances, the Court held that there was no factual and legal basis for the forfeiture of the funds.
“The Court’s decision is a clear rebuke of the misuse of counterterrorism laws to suppress activism, journalism, and humanitarian work. It affirms that defending human rights and reporting the truth are not crimes,” NUPL said in a statement.
“This victory belongs not only to Frenchie and Marielle, but to all journalists, church workers, and human rights advocates whose commitment to truth and justice persists amid persecution,” the rights lawyers added.
NUPL president Ephraim Cortez told Kodao the CA decision may be used as evidence by the defense in Cumpio and Domequil’s ongoing financing terrorism case before a Tacloban Court alleging they gave money to the CPP and the NPA.
“Although the two cases involve different incidents…they have similar issues in so far as their supposed link to the CPP/NPA. In the CA decision there is a categorical finding that they (Cumpio and Domequil) are human rights worker,” Cortez explained.
“This particular finding can be used as basis to refute the accusation that they are members of CPP/NPA, and be a basis to refute the charges that they were engaged in financing terrorism,” he added.
Cumpio and Domequil’s original charge of alleged illegal possession of firearms and explosives is due for promulgation on January 22, 2026, according to government sources. # (Raymund B.Villanueva)
