Judge gave weight to testimony of 4 ex-rebels
In convicting community journalist Frenchie Mae Cumpio and church worker Marielle Domequil of terrorism financing, a Tacloban City court gave weight to the testimonies of four key prosecution witnesses who were identified as former members of the New People’s Army (NPA), the armed wing of the Communist Party of the Philippines (CPP), the decision promulgated on Thursday showed.
Presented before the court to testify against Cumpio and Domequil were Margie dela Cruz, Boy Perez, Jade Cinco and Jason Rafales, who supposedly surrendered to the government, based on the testimony of Lt. Col. Joemar Buban, assistant chief of staff for civil military operations of the Armed Forces of the Philippines.
According to the court, Buban said that he was “familiar” with the four former NPA rebels and showed the military’s database and a spot report as proof.
“When the testimonies of different witnesses independently coincide on the material points of the incident, such harmony is a strong badge of truth rather than fabrication,” wrote Judge Georgina Perez of the Tacloban City Regional Trial Court (RTC) Branch 45.
‘Dubious’ witnesses
The court rejected the defense of Cumpio and Domequil, who provided screenshots of their activities placing themselves elsewhere on March 29, 2019, the day when they supposedly gave P100,000 and boxes of ammunition to another NPA rebel identified as “Butil.”
But this is what human rights advocates and lawyers have assailed as questionable claims and “dubious” witnesses, arguing that “essential elements” of financing terrorism were not proven in court.
The Department of Justice (DOJ), however, said prosecutors had established a “clear link” between Cumpio and Domequil, and the CPP-NPA.
“During trial, the prosecution established that the accused were not merely a journalist and a lay worker, but were in fact finance officers of the Eastern Visayas Regional Party Committee, the regional arm of the CPP-NPA in Eastern Visayas. Evidence showed that, in their capacity as finance officers, they facilitated the delivery of cash and ammunition to CPP-NPA members in March 2019, the acts forming the basis of the indictment,” the DOJ said in a news article posted on its website on Thursday.
According to Judge Perez, the prosecution was “able to establish all elements” of terrorism financing as defined by law, based on the witnesses’ testimonies.
Call for bail
Perez was referring to the “established” evidence that both of the accused sent P100,000 in cash, two boxes of .45-caliber ammunition, and 12 pieces of shotgun ammunition to the communist rebels.
She cited the designation of the CPP-NPA as terrorists through Proclamation No. 374 issued by then President Rodrigo Duterte in 2017.
Cumpio and Domequil were among the five activists, collectively referred to as “Tacloban 5,” after they were arrested in simultaneous raids on Feb. 7, 2020, in Tacloban.
Kapatid, a support group for political prisoners, demanded that Cumpio and Domequil, who were cleared of a separate charge of illegal possession of firearms, be released on bail since their continued detention has “no sound legal basis.”
The Tacloban RTC sentenced Cumpio and Domequil to a prison term of up to 18 years.
Kapatid said Cumpio and Domequil should be granted bail while their conviction is on appeal when the charges are not punishable by reclusion perpetua, or up to 40 years imprisonment.
“When courts themselves reject key parts of the government’s terrorism narrative, continuing to hold them in detention is indefensible,” Fides Lim, Kapatid spokesperson, said in a statement on Friday.
“Justice demands that Frenchie and Marielle be granted bail while the courts review a conviction that remains deeply contested for being legally infirm and constitutionally unsound,” she added.
Outrage
Sixteen foreign embassies in Manila on Friday expressed outrage over Cumpio’s conviction, the first Filipino journalist to be punished by the 2012 law on terrorism financing.
The embassies, which make up the Media Freedom Coalition Embassy Network, said in a joint statement that the Cumpio case decision was a “stark reminder of the challenges faced by journalists in pursuit of their vital work.”
The statement came from the embassies of Austria, Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Ireland, the Netherlands, Norway, Slovenia, Sweden, Switzerland, Ukraine and the United Kingdom.
“We urge all stakeholders to ensure that journalists can carry out their work without fear of persecution or undue interference. Freedom of expression and the ability to report independently are essential pillars of democracy and must be safeguarded,” they said.
Cumpio’s case drew international attention and criticism from press freedom advocates, who described the conviction as a threat to independent journalism in the Philippines.
Her prolonged detention highlights the risks faced by journalists working on politically sensitive issues, particularly in regions affected by conflict and insurgency, according to the coalition.
