Metro Manila (CNN Philippines, December 1) — Peace talks between the government and Communist Party of the Philippines can still continue even if a court rules to proscribe the communist group as a terrorist organization, a constitutional law professor said Tuesday.
“There are legal tools that will be available to the President. For example, even with that finding, even if people may be found guilty for that, you can always sign an amnesty. There is no restriction on the President on declaring an amnesty on any group that take up arms in the Philippines,” Atty. Tony La Viña told a Senate panel as it resumed its hearing on the issue of red-tagging of some groups and personalities.
La Viña added, “the important thing is there is a genuine agreement for a political settlement.”
In 2017, President Rodrigo Duterte signed a proclamation designating the CPP and its armed wing New People’s Army as a terrorist group.
Those designated can only be proscribed or outlawed by the Court of Appeals under the anti-terrorism law.
But the government’s bid to proscribe the CPP-NPA as a terrorist organization has not yet been approved yet.
Once an individual or group is proscribed as a terrorist group, arrests and detention can be made, following due notice, hearing, and approval by the Court of Appeals, Sen. Ping Lacson, principal sponsor and author of the anti-terrorism law earlier said.
But whatever the court’s decision would be, La Viña said the President, “as commander-in-chief and as chief executive, can actually decide anytime to conduct peace negotiations with anyone or any group.”
“That is a political decision that only the President can make. That has always been the case,” La Viña added.
However, to do that, the lawyer said there should be some “reversing of decisions,” such as rescinding a proclamation tagging the CPP-NPA as a terrorist group.
