Negros development workers turn the tables after terrorism case dismissal

Three development workers from Negros Occidental, who recently overcame terrorism financing charges, plan to file countercharges against individuals and government officials responsible for their wrongful prosecution.

Their legal counsel, Atty. Rey Gorgonio, told Brigada News FM Philippines on Thursday, March 20, that his clients will take legal action against those who fabricated testimonies, conducted investigations, and pursued baseless charges.

He said that they plan to file perjury charges against a rebel surrenderee who allegedly gave false testimony to implicate his clients.

Gorgonio added that they will also charge state agents with grave misconduct, including Department of Justice (DOJ) officers who proceeded with the case despite knowing that a previous court ruling established the Communist Party of the Philippines-New People’s Army (CPP-NPA) is not legally designated as a terrorist organization in the country.

Authorities arrested Federico Salvilla, Perla Jaleco-Pavillar of PDG Inc., and Dharyll Albanez of KMALIG Inc. on January 2, 2025.

Following their arrest, they immediately processed their bail, securing loans to obtain temporary liberty.

Despite securing bail, they persistently fought the accusations until the Regional Trial Court Branch 31 in Iloilo dismissed the charges on March 14.

The court ruled that the filed information “does not charge an offense” and that it “lacks jurisdiction over the case.” As a result, it granted the petition to quash and dismissed the charges.

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Meanwhile, two other individuals implicated in the case remain at large as of broadcast time.

Unconstitutional

The human rights lawyer criticized the wrongful actions that led to the arrest and detention of his clients.

He argued that the case relied on an unconstitutional provision of Republic Act No. 10168, which classified “designated persons” as terrorists based on foreign entities’ designations.

A higher court ruled Section 3(e)(1) of RA 10168 unconstitutional. He emphasized that since no law has officially designated the NPA as a terrorist organization, the charges lacked legal basis.

Gorgonio said that the recent ruling of the court establishes a crucial legal precedent for development workers and community organizations facing terrorism financing accusations.

Landmark case

The group’s legal counsel hailed the ruling as a major victory against red-tagging and human rights abuses.

Meanwhile, Human Rights Advocates Negros (HRAN) lauded the court’s decision to dismiss the charges against development workers.

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Furthermore, the group denounced the case, which the PNP Regional Office 6 had filed based on what they described as a fabricated affidavit from so-called rebel returnees.

In addition, HRAN accused the PNP of falsely claiming that five accused individuals—including four PDG staff members and one KMALIG member—had provided financial and material support to the CPP-NPA.

As a result, the rights group reiterated its call to abolish the NTF-ELCAC and urged the public to remain vigilant against political repression.

However, as calls to defund or dismantle the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) intensified, RTF-ELCAC Region 6 Spokesperson Prosecutor Flosemer Chris Gonzales, in a March 19 press conference, rejected these demands.

He called them unconstitutional and unethical, insisting that the task force plays a critical role in addressing insurgency.

Gonzales dismissed proposals to discontinue NTF-ELCAC’s programs, arguing that these efforts directly assist conflict-affected communities.

Meanwhile, the RTF-ELCAC and the Visayas military have yet to comment on the court’s dismissal of the terrorism financing charges.

On the other hand, PDG continues to demand the dismissal of charges against two other accused individuals: Clarissa Ramos, widow of slain human rights lawyer Ben Ramos and former PDG executive director, and Felipe Gelle Jr., a PDG staff member.*