Cordillera activists assail AMLC freeze order

MANILA, Philippines — Human rights group Cordillera People’s Alliance on Monday questioned the constitutionality of the government’s freezing of their assets.

The group filed their plea before the Supreme Court on Monday morning, asking the tribunal to reverse the Court of Appeals' decision which dismissed their petition assailing the freeze order by the Anti-Money Laundering Council (AMLC).

The group also asked the high court to declare some provisions of the Terrorism Financing Prevention and Suppression Act of 2012 and the Anti-Terrorism Law of 2020.

What happened before

The Cordillera-based activists, , who has been “designated” as terrorists by the Anti-Terrorism Council, have been receiving harassment for years. One instance is when a rebellion charge was filed against them, which was eventually dismissed in 2023. 

Two months later, the Anti-Terrorism Council designated the activists as terrorists in July 2023 after the council alleged them to be members of the communist insurgency.

Activists and human rights advocates condemned the designation, arguing that it demonstrates how the controversial Anti-Terrorism Law is being employed against government critics and to stifle dissent.

Under the controversial law, a designation is a process of labeling or identifying individuals or groups as terrorists which is done by the Anti-Terrorism Council consisting of agencies in the executive branch and law enforcement.

The Anti-Terrorism Council can designate individuals or groups based on intelligence reports, even without a prior court hearing. 

Once designated, the individual or group's assets can be frozen and they may face increased surveillance and monitoring by authorities. 

In November 2023, the activists first challenged the council’s designation in a Regional Trial Court in Baguio after the council refused to grant its request to be “delisted” in the designated individuals.

A separate petition was also filed assailing the AMLC’s freeze order. It was elevated to the Court of Appeals but was junked in December 2023. 

This prompted the group to challenge the petition before the Supreme Court, which called for the dismissal of the freeze order.

It can be recalled that the Anti-Terror Law faced an unprecedented 37 constitutional challenges before the Supreme Court.

The law has been flagged by human rights groups and lawyers due to its loose definition of terrorism and the overbroad powers granted to its implementor, the Anti-Terrorism Council.

The Anti-Terror Law was enacted during the term of former President Rodrigo Duterte when the red-tagging of activists and critics in the Philippines was most intensified, according to rights group Amnesty International.