By Diego Morra
In what amounts to a weird appreciation of evidence, it was impossible for the prosecution in the case of Frenchie Mae Cumpio and Marielle Domequil to link an alleged instance of “terrorist” financing in 2019 to a raid in February 2020 that purportedly “produced incontrovertible proof” that the accused were “present” in a guerrilla base to distribute cash and goods a la ayuda to New People’s Army (NPA) fighters.
The entire case sinks on the fact that Cumpio and Domequil were never present in what the state dubbed as a ceremony to deliver money to the NPA on March 29, 2019 in Catbalogan, Samar. Using the narrative of dubious witnesses and fabricated evidence, the military claimed that Cumpio and Domequil violated Republic Act No. 10168, or the Terrorism Financing Prevention and Suppression Act of 2012, by “funding” the NPA.
“These claims relied on unreliable witnesses, speculative intelligence, and inconsistent narratives,” Karapatan secretary general Cristina Palabay argued. Those who monitored the trial said Cumpio and Domequil were not in Catbalogan at that time, so the imaginary ceremony was manufactured, most likely by the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) that implements the hole-in-the-head approach to defeat the armed resistance.
Palabay earlier condemned the wrongful and unjust conviction of Cumpio, a community journalist, and Domequil, a humanitarian worker, calling it as a plot hatched by NTF-ELCAC carried out in coordination with the Anti-Terrorism Council (ATC) to silence dissent through fabricated cases and the weaponization of anti-terror laws. “This conviction shows how the justice system is being used to carry out the lies and persecution pushed by the NTF-ELCAC and the ATC,” she added. “Frenchie and Marielle were targeted not because of evidence, but because of their work among the people. This ruling punishes journalism, humanitarian service and community organizing.”
The Karapatan leader argued the weakness of the case was proven by the obviously weak charge of illegal possession of firearms and explosives against the two. In fact, the two charges are intertwined. “This acquittal confirms that the accusations pushed by State security forces were fabricated from the start,” she said. “Yet the same lies and perjured testimonies were used to force a conviction in the remaining case.” The prosecution lost the case for violation of Republic Act No. 11479 or the Anti-Terrorism Act of 2020 (ATA 2020) based on the evidence planted during the Feb. 7, 2020 raid, during which time the military and police seized ₱557,360, an amount owned by humanitarian organizations. How could this seized money be proof of terrorism financing? The money, which was subjected to forfeiture by the state, is for development work, and must be returned otherwise the raiders should be accused of unjust enrichment.
The seizure of the funds, Palabay added, was “meant to cripple humanitarian and development work long before any ruling.” She said the case exposes the sinister motives behind the RA 11479 and RA 10168. “These laws are now being used to derail and halt humanitarian delivery of services to poor communities affected by calamities and military operations,” she warned. “Development workers and their institutions are being attacked and criminalized for serving the people. For nearly six years, Frenchie and Marielle suffered prolonged detention, multiple cases, frozen assets, and relentless red-tagging, all without credible and independent evidence,” Palabay added. “This conviction treats lies as proof.”
Palabay noted that Karapatan national council member Alexander Philip “Chakoy” Abinguna, who was arrested alongside Frenchie and Marielle during the illegal raid in February 2020, remains in jail due to snail-paced court proceedings. “This shows how prolonged detention itself has become a form of punishment.” Karapatan also denounced the Marcos Jr. government’s policy of repression, holding it accountable for the sustained weaponization of anti-terror laws. “Under Marcos Jr., the Anti-Terrorism Act of 2020 and the Terrorism Financing Prevention and Suppression Act of 2012 have been aggressively enforced not to protect the public, but to persecute critics and suppress dissent,” Palabay said.
Five years after the enactment ATA, at least 227 individuals have been arbitrarily designated as “terrorists” or charged in trumped-up terrorism cases, most of them under the current administration. Twenty of those charged remain in prison, Karapatan revealed. Palabay said the conviction of Cumpio and Domequil is part of a broader pattern of repression. “It mirrors the trumped-up cases filed against activists, humanitarian workers, and government critics,” she said. “It sends a chilling message that speaking out and serving poor communities can cost you years of your life.” Cumpio and Domequil’s conviction must be overturned, freed and all seized and frozen funds and properties be returned. The NTF-ELCAC, the Anti-Terrorism Council, and other state agencies that fabricated evidence, relied on perjured witnesses and carried out illegal searches must be the ones prosecuted. #
