Malacañang’s statement came on the heels of Armed Forces chief Gen. Hermogenes Esperon Jr.’s proposal that the CPP be outlawed for its espousal of armed rebellion.
"I can understand the feelings of General Esperon in view of the reported atrocities of the Left. But since the repeal of the Anti-Subversion Law, no one can be arrested for simple adherence to, or advocacy of communism," Press Secretary Ignacio Bunye said.
"We follow that doctrine but certainly, all communists who use force to get their way should be arrested," Bunye said.
The CPP was legalized in 1992 under Republic Act 7636, which repealed RA 1700 or the Anti-Subversion Law.
National Security Adviser Norberto Gonzales said the CPP did not abandon armed rebellion despite RA 7636, unlike other communist groups that joined the democratic process like Akbayan.
"We can use all available legal means to neutralize the CPP-NPA because what was legalized was communism not organizations that want to topple the government through bloodshed," Gonzales told The STAR.
He said lawmakers should find a way to keep CPP legal but deprived of its power to launch armed rebellion.
He said party-list groups fronting for the CPP-NPA and the National Democratic Front use the democratic system to undermine the government and seek protection at the same time.
Gonzales earlier accused leftist party-list groups, such as Bayan Muna and Anakpawis, of channeling their pork barrel funds to support the New People’s Army.
"You cannot outlaw an idea. What you can, however illegalize are criminal acts used in pursuit of that idea. Mere espousal of communism should not be deemed an illegal act," Recto said.
"No law is breached in one’s peaceful advocacy of any ideology, communism included. But if violent means are employed in advocating that ideology then the state has the right to protect itself and see to it that citizens are not harmed and public order is maintained," he said.
According to the Team Unity senatorial candidate, the Bill of Rights "guarantees Marxist worship but it does not provide refuge to people who resort to terror, whether in or out of government, in enforcing their ideals on others.
"Like in most nations, communism should be allowed to compete peacefully here, in the free market of ideas. In fact, the government should guarantee communist participation in the democratic political process, provided there is renunciation of violence," Recto stressed.
Anakpawis party-list Rep. Rafael Mariano said President Arroyo should reprimand Esperon if she does not want to be seen as a "captive" of the military.
"Ms Arroyo should immediately discipline and shut Gen. Esperon’s mouth," Mariano said, adding "the military’s kind of arrogance today is worse than dark days of martial law."
"This fascist general’s statement shows the military’s callousness in spite of growing international condemnation on the extrajudicial killings," Mariano said.
"He is only justifying and fanning extrajudicial killings in the country," he added. "Ms. Arroyo’s inaction to take concrete and decisive steps to stop the killings only shows that she is a captive of the military."
Esperon, last Thursday, told a forum organized by the Manila Overseas Press Club that he wanted the CPP outlawed.
"If I had my way, I would really go for the declaration of outlawing the CPP," Esperon said to the thunderous applause of senior military officers present at the forum called "The Night of the Generals."
"When we kicked out the dictator we started to release our political prisoners, one of whom is (CPP founder) Joma Sison, we wanted them to enjoy the democratic space. But do they want that democratic space? No," Esperon said, answering his own question.
Political killings have drastically gone up under the Arroyo administration, and militants blame the military for most of the killings. – with Delon Porcalla, Jaime Laude