The legal counsel of detained Tacloban journalist Frenchie Mae Cumpio and human rights advocate Mariel Domequil has asked the Court of Appeals (CA) to reverse and set aside a Manila court’s decision granting the petition for civil forfeiture filed by the Anti-Money Laundering Council (AMLC).
In December 2020, the AMLC filed a petition for civil forfeiture against Cumpio and Domequil, claiming that the money seized from them during their arrest was intended for the Communist Party of the Philippines-New People’s Army (CPP-NPA).
The Manila Regional Trial Court (RTC) Branch 18 then rendered its December 2022 decision granting the said petition and making the asset preservation order over the aforementioned amount permanent.
In their appellant’s brief filed today, October 7, Cumpio and Domequil cited numerous challenges while their case was pending before the Manila RTC. Among these was that they were detained at the Tacloban City Jail, and consequently faced difficulties in getting legal representation, gathering evidence, and finding witnesses who could support their defense.
“Compounding these issues were the security threats they faced as a result of being red-tagged, which exposed them to social stigma and further danger. The COVID-19 pandemic restrictions in place at the time further complicated their situation, limiting their ability to coordinate effectively with their legal counsel and engage in the proper preparation for their case,” the brief read.
The appellants held that the Manila RTC erred in the following:
• Denying the National Union of People’s Lawyers (NUPL) entry of appearance and request to obtain copies of the case records
• Granting the court’s civil forfeiture petition despite the repeal of the Human Security Act (HSA)
• Holding the designation CPP-NPA under Presidential Proclamation No. 374 as valid
• Admitting and “giving weight and credence” to the AMLC’s provided evidence
• Granting the said petition despite the AMLC failing to prove the seized money was intended for terrorism
“The Trial Court thus committed a series of grievous errors that fundamentally violated the Appellants’ constitutional rights and relied upon foreign designations that have no legal force and effect in the Philippines under the applicable anti-terrorism law. This erroneous designation invalidates the entire premise of the Appellee’s case,” the brief read.”
“Finally, the evidence relied upon was insufficient to establish the Appellee’s claims against the Appellants. The key witnesses provided unsupported testimonies that defy logic and human experience. More importantly, the money was seized from the Appellants through an unlawful fishing expedition, in violation of their constitutional right against unreasonable search and seizure. Without this tainted evidence, the Appellee’s case cannot stand,” it added.
Cumpio is a community journalist and executive director of news website Eastern Vista, while Domequil is a community organizer and lay worker of the Rural Missionaries of the Philippines. They are part of the “Tacloban 5,” a group of activists arrested during a series of bogus search and seizure operations in February 2020.
