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‘We hope that just as diligently as they investigate to prosecute activists like CERNET 27, they will also be diligent in investigating government officials who we believe have violated the law,’ says NUPL President Ephraim Cortez
CEBU, Philippines – Visayas-based NGO consortium Community Empowerment Resources Network (CERNET) filed on Wednesday, July 30, criminal and administrative complaints before the Office of the Ombudsman in Cebu City, against state prosecutors over their negligence in the filing of terrorism financing charges against CERNET.
On May 10, 2024, the Department of Justice (DOJ) accused 27 individuals associated with CERNET of violating the Terrorism Financing Prevention and Suppression Act of 2012 (Republic Act No.10168), alleging they provided P135,000 to the Communist Party of the Philippines-New People’s Army (CPP-NPA) in 2012.
The accused said in their affidavits that the prosecutors’ investigation into CERNET was done “haphazardly” because it lacked evidence nor proper verification of existing CERNET members.
On May 17, 2024, CERNET said in a press conference that there were respondents in the DOJ’s complaint who were already dead, and one who was not even their member. In June 2024, a Cebu City court dismissed the terrorism financing charges against two deceased activists.
A SunStar Cebu article by Claudine Flores on May 20, 2025, said that during a court hearing a witness from the Anti-Money Laundering Council (AMLC) failed to present any documentary evidence that would have supported the prosecution’s claims that the accused provided funds to terrorist groups.
“Nakita nato usa ni kalampasan, gross negligence of duty ug grave abuse of authority so manghinaot mi nga kining maong complaint makapanubag sa gihimong violation kanamo,” Jaime Paglinawan, one of those named in the terrorism financing charges who is not a member of CERNET, told reporters during the filing.
(We see this as negligence, gross negligence of duty and grave abuse of authority, so we hope that this complaint addresses the violation done against us)
National Union of Peoples’ Lawyers (NUPL) President and CERNET legal counsel Ephraim Cortez also said that DOJ prosecutors recommended no bail for those accused of financing terrorist activities.
“They [prosecutors] recommended na walang bail (no bail), when in fact, it’s a bailable offense so ‘yun palang ay obviously, malaking pagkakamali sa batas (right there obviously, there’s a huge offense against the law),” he said.
Cortez said that the CERNET members were indicted under Section 8 of the anti-terrorism financing law which states that the penalty for making property/funds available to terrorists should suffer reclusion temporal in its maximum period to reclusion perpetua.
“Reclusion perpetua is capital punishment so non-bailable offense but the minimum is reclusion temporal, a bailable offense, so the rule there is, the bailable should be applied because it’s favorable to the accused,” Cortez added.
The legal counsel said that in the preliminary investigations, there were witnesses who had sworn statements virtually at a time when it was not yet allowed.
“We hope that kung gaano sila kasinop magimbestiga para kasohan ang mga aktibista katulad sa CERNET 27, ganoon din sila kasinop na imbestigahan ‘yong mga government officials na sa tingin natin ay may paglabag sa batas,” Cortez said.
(We hope that just as diligently as they investigate to prosecute activists like CERNET 27, they will also be diligent in investigating government officials who we believe have violated the law)
As of this writing, at least 23 of the 27 associated with CERNET have already posted bail. – Rappler.com
