BAGUIO CITY (Updated 9:42 PM) — Windel Bolinget, an indigenous peoples’ rights activist, typically celebrates his birthday at home, his wife Elvie shared.
“The children would come home, and we spend his birthday in the house. We would always cook pinikpikan (a traditional Cordilleran dish) and just add other dishes,” she said in an interview on September 16.
However, this year, September 16, was far from ordinary. Instead of the usual quiet celebration with his family, Bolinget found himself explaining how the “terrorist” label had disrupted both his personal life and work.
On his 50th birthday, he spent the morning testifying in court for a petition he and three fellow leaders from the Cordillera Peoples Alliance (CPA) filed, challenging their terrorist designation by the Anti-Terrorism Council.
Bolinget, along with fellow CPA leaders Abellon-Alikes, Jennifer Awingan-Taggaoa, and Stephen Tauli, petitioned the court for a writ of certiorari and a preliminary injunction. They argued that their designation violated their right to due process, exposing them to threats, harassment, and infringing on their freedom of expression and organization.
Baguio Regional Trial Court Judge Cecilia Corazon Dulay-Archog resumed the hearing last March after receiving approval from the Supreme Court for the case to continue under her jurisdiction. The proceedings had been suspended in January as the judge sought guidance from the High Court after the Rules on the Anti-Terrorism Act of 2020 and Related Laws took effect on January 15.
At the trial, Bolinget and Abellon-Alikes took the witness stand, responding to questions from the Office of the Solicitor General (OSG) lawyers.
During his testimony, Bolinget described the terrorist designation as “the worst thing to happen in my life.” He became emotional when asked why he feared for his life, explaining that being labeled a terrorist had made him “an enemy of the state.”
He further explained that this designation was far more severe than previous threats, and the charges he had successfully faced in court. He expressed concern that the label endangered not just him but also his family and colleagues, simply because of their association with him.
Continuing harassment
State lawyers challenged the petitioners’ claims, arguing that the threats and harassment they experienced predated the terrorist designation. The OSG also noted that, despite the designation, the government has not pursued any criminal charges against them.
Ephraim Cortes, National Union of Peoples’ Lawyers president and one of the petitioners’ legal counsels, argued that the incidents cited should be viewed in the context of the petition—that the terrorist designation is part of the ongoing harassment against their clients.
In their petition, the activist stated that they have been the subject of “harassments, groundless indictments, and smear campaigns” to undermine their advocacies.
“Considering that none of the criminal cases slapped against them prospered in a court of law, Petitioners’ designation was resorted to as another way to chill them into silence and suppress their work as indigenous peoples’ rights advocates,” the petition read.
State lawyers also challenged any direct connection between the harassment incidents and government agents or offices. During the examination, the OSG pressed Abellon-Alikes for not verifying the identities of the suspected state agents, despite her concerns about their calls and visits.
In his supplemental affidavit, Bolinget raised several incidents of harassment that occurred inside and within the vicinity of the Baguio Hall of Justice during the previous hearings. One of the alleged perpetrators, identified as a member of the intelligence unit of the Baguio City Police Office, was carrying a pistol inside the building.
Activities affected
State lawyers also argued that aside from freezing their bank accounts and CPA funds, no government directives prohibited the petitioners or their organization from conducting activities or expressing their views.
To support the government’s defense, Bolinget was asked to confirm posts from the CPA’s Facebook page regarding its activities and statements criticizing the ATC’s designation and the government.
Bolinget responded that there could have been more CPA activities if not for the freezing of their accounts. He also told the court that he has refrained from attending CPA activities because of security considerations.
The Anti-Money Laundering Council (AMLC) had directed the freezing of the activists’ bank accounts, including related deposits, which affected CPA funds and some of their immediate family members’ savings.
The CPA filed a separate petition to lift the freeze order, but the Court of Appeals dismissed it in December 2023. The group has since filed a petition for review with the Supreme Court, which remains pending to date.
The next hearing is set for September 20, with petitioners Tauli and Awingan-Taggaoa set to testify. # nordis.net