A respondent to government’s string of terrorism financing charges vowed courage after a regional trial court (RTC) convicted two fellow rights defenders and activists of the same charge last week.

After Branch 45 of the Tacloban RTC judged lay worker Marielle Domequil and journalist Frenchie Mae Cumpio guilty of terrorism financing last Thursday, Leyte Center for Development (LCDe) director Jazmin Aguisanda-Jerusalem said she is more determined to fight similar charges against her and her organization.

“Fascism feeds on fear. We will pursue the fight for justice, and it demands courage, precisely when conditions are hardest,” she told Kodao.

Aguisanda-Jerusalem’s criminal terrorism financing case is being tried by the same “special anti-terrorism court” presided by Judge Georgina Uy-Perez who convicted Domequil and Cumpio.

READ: Thoughts on Frenchie Mae’s 27th birthday

The development worker revealed her court dates will last until December this year with an average of two court hearings every month on top of another civil case at a Manila RTC related to a forfeiture order by the Anti-Money Laundering Council (AMLC).

“We are filing a motion for dismissal. All our bank accounts, including personal ones, have been arbitrarily frozen since May 2, 2024, causing untold anguish on all five LCDe staff members involved,” she said.

“We have been deprived of access to our basic needs, we are being killed gradually. They try to tarnish our image in the community and with local and international partners, as well as partner government agencies and local government units,” she added.

Questionable charges

Aguisanda-Jerusalem said it baffles her how perjured affidavits and allegations alone led to criminal prosecution against her and LCDe.

“I have never seen material proof of my terrorist financing case, aside from affidavits from witnesses,” she said, referring to military witnesses such as Alma Gabin who also testified against Domequil and Cumpio.

Aguisanda-Jerusalem said she is surprised and sad how the court even entertained rebel returnees’ testimonies as evidence, pointing out that solid material proof is needed to file cases involving funds.

“The rebel returnees’ affidavits in my case are all made-up stories. Their stories bear no sufficient evidence,” she said.

On April 5, 2024, the AMLC issued Resolution No. TF-89 ordering the freezing of LCDe and five of its staff’s bank accounts on suspicion these were “related to terrorism financing” under RA No. 10168 or the Terrorism Financing Prevention and Suppression Act of 2012 (TFPSA).

On Dec. 19 of the same year, the Tacloban Prosecutors’ Office dropped the first terrorism financing charge against the organization, but was revived after an appeal by the Philippine National Police was granted by the court.

Aside from LCDe, other organizations facing terrorism financing charges include humanitarian groups Community Empowerment and Resource Network, Kaduami,  Paghidaet sa Kauswagan Development Group, and church group Rural Missionaries of the Philippines.

Local and international civil society organizations have pointed out that TFPSA is being abused by government in a bid to be removed from the Financial Action Task Force’s grey list of countries with deficient money laundering and terrorism financing measures.

Organizations and activists who are victims of red-tagging as part of government’s counter-insurgency programs became the first targets of the terrorism financing charges.

At least 50 other legitimate CSO leaders have also been similarly charged, compelling them to form the DEFEND NGO Reclaim Civic Space Alliance of which Aguisanda-Jerusalem is spokesperson.

Effects of the false charges

She said it is not just the humanitarian organizations and its personnel who are the victims of the bank account freeze orders and terrorism financing charges.

Aguisanda-Jerusalem pointed out that LCDe often serves in high-conflict areas in Samar and Leyte as their funders consider these as areas least reached by aid and government services.

“State security forces, in their attempt to quell the insurgency, are eager to lump as in the same basket as these insurgents just because of the vicinity of our areas of service.

Since 1988, LCDe is able to serve at least 3,000 disaster affected families every year with food, shelter, livelihood, cash for work/anticipatory action, solar lamps, mats/blankets, materials for the LGU evacuation centers.

The organization partners with LGUs in the distribution of aid and implementation of projects that in turn showered LCDe with accolades.

“Mind you, me and our network of development organizations follow strict protocol and always inform and coordinate the LGU’s, whether we are just visiting or implementing a project or an emergency response,” she said.

International recognition has also been given to the organization and Aguisanda-Jerusalem herself.

LCDe has served at least 230,000 families or 1,500,000 individuals in its 36 years of operations until the AMLC ordered its bank accounts frozen in 2024, Aguisanda-Jerusalem said.

She said she is heartbroken at the “misuse” of counter terrorism measures by government as they are only complementing government efforts to solve poverty and deliver basic services to the poorest and most vulnerable.

“I stand for, and speak in behalf of all the CSO leaders punished with judicial attacks and all forms of harassment,” she added.

Hopeful, angry

Aguisanda-Jerusalem said that while she remains hopeful that Domequil and Cumpio will eventually be set free by the higher courts, she is worried the law was easily used to convict the two young respondents “with impunity.”

She does not have kind words to military witnesses against her and fellow respondents, however.

“I condemn them, as well as their handlers, for attacking me and other CSO leaders with such blatant lies!” she said.

“I wish all the liars would die!” Aguisanda-Jerusalem added. # (Raymund B. Villanueva)