Journalist, lay worker appeal terrorism-financing convictions

By Juliane Judilla

Broadcast journalist Frenchie Mae Cumpio and lay worker Marielle Domequil appealed their terrorism-financing convictions before the Court of Appeals on Monday, Aug. 3, alleging due process violations and gaps in the prosecution’s evidence.

Their lawyers asked the appellate court to overturn a Jan. 22 decision by Tacloban Regional Trial Court Branch 45 Judge Georgina Uy-Perez.

The court convicted Cumpio and Domequil under Section 8 of Republic Act No. 10168, or the Terrorism Financing Prevention and Suppression Act of 2012.

They were sentenced to prison terms ranging from 12 years, five months and 11 days to 18 years, eight months and one day, and ordered to pay a fine of PHP 500,000 each.

In their appellate brief, the defense argued that prosecutors failed to establish guilt beyond a reasonable doubt and urged the Court of Appeals to acquit both defendants.

Cumpio and Domequil were arrested in a raid in Tacloban City on Feb. 7, 2020, with three other activists collectively known as the Tacloban 5.

The three others were Marissa Cabaljao, leader of the coalition People’s Surge; Alexander Abinguna of Katungod-Sinirangan Bisayas; and Mira Legion of Bagong Alyansang Makabayan Eastern Visayas.

The five faced various charges, including alleged violations of Republic Act No. 10168 and Republic Act No. 10591, or the Comprehensive Firearms and Ammunition Regulation Act.

Cumpio and Domequil were acquitted of separate charges involving the alleged illegal possession of firearms and explosives when they were convicted of terrorism financing in January.

Defense questions legal basis for conviction

A central argument in the appeal is that no valid domestic terrorist designation existed for the Communist Party of the Philippines-New People’s Army at the time of the alleged offense in March 2019.

The defense said the Human Security Act, which was in effect at the time, required judicial proscription before an organization could be treated as a terrorist group for purposes of criminal liability.

The lawyers argued that no judicial proscription of the CPP-NPA had been completed before the alleged offense.

The appellants also contended that Presidential Proclamation No. 374 merely expressed executive policy and did not constitute a self-executing designation carrying criminal penalties.

The appeal challenges the constitutionality of Section 3(e)(1) of Republic Act No. 10168, citing the Supreme Court’s ruling in Calleja v. Executive Secretary.

The defense argued that the provision’s adoption of foreign terrorist designations cannot operate domestically without due process and an independent evaluation.

Appeal cites lack of publication, failure to prove intent

The appellants also argued that the government failed to meet the publication requirement under Section 15 of Republic Act No. 10168.

The provision requires the Department of Foreign Affairs to publish foreign terrorist designations before they take legal effect in the Philippines, according to the defense.

The appellants said prosecutors admitted during the trial that no such DFA publication existed before March 2019.

The defense said the trial court acknowledged the absence of publication in its decision but still convicted Cumpio and Domequil.

Without official publication, the appellants argued, the foreign designations could not legally bind them.

The defense said prosecutors consequently failed to establish that Cumpio and Domequil knowingly and willfully financed a designated terrorist organization.

The appeal argued that the trial court based the conviction solely on the alleged act while disregarding the requirement to prove criminal intent.

Defense challenges prosecution witnesses

The appeal also questioned the credibility of the prosecution’s principal witnesses, who were former rebels participating in government reintegration programs.

The defense argued that witnesses whose liberty and financial support depend on the government should be subjected to heightened judicial scrutiny.

The appellants said prosecutors presented no independent financial, documentary, or physical evidence corroborating the allegations.

They argued that the prosecution relied primarily on mutually reinforcing testimony from former rebels.

The appeal asked the Court of Appeals to set aside the convictions and uphold the defendants’ constitutional right to due process.

Altermidya renews call to overturn ruling

The People’s Alternative Media Network, or Altermidya, renewed its call for the reversal of the Tacloban court’s decision after the appeal was filed.

“Altermidya questions the prosecution’s case, which leaned heavily on the testimonies of ‘fake surrenderees,’ acting under the Philippine Army’s protection,” the media network said.

The group said the defense had repeatedly questioned the consistency and reliability of the witnesses’ testimony.

Altermidya also cited what it described as a lack of documentary evidence supporting the prosecution’s allegations.

The network pointed to emails and social media posts dated March 27–29, 2019, that Cumpio’s defense presented during the trial.

Altermidya said the materials contradicted the timeline provided by military witnesses.

Prosecution witnesses alleged that Cumpio received and made available PHP 100,000 for the New People’s Army on March 29, 2019, while she was in Catbalogan City, Samar.

The network also cited testimony in a related civil forfeiture case involving funds seized from Cumpio and Domequil.

Altermidya said Anti-Money Laundering Council lawyer Eraño Dumale acknowledged that, apart from witness affidavits, no documents established that the PHP 500,000 subject to the forfeiture proceedings was intended to finance terrorism.

The network also referred to an Oct. 29, 2025, Court of Appeals ruling that reversed the forfeiture of funds seized from Cumpio and Domequil.

Altermidya said the appellate court found a “dearth of reason to believe” that the two were connected to the CPP-NPA.

“We reject any attempt to treat unverified allegations as facts,” Altermidya said, adding that the appeal presents an opportunity for the appellate court to examine the alleged inconsistencies and evidentiary gaps in the case.

The network called for the reversal of the convictions and the unconditional release of Cumpio and Domequil.