Justice Secretary Jesus Crispin “Boying” Remulla on Friday expressed his dismay at the Manila Regional Trial Court’s (RTC) dismissal of tagging CPP-NPA as a terrorist, saying that it was a "bad decision.”

The proscription petition was filed by the Department of Justice (DOJ) in 2018 which sought to declare CPP-NPA as terrorists based on Section 17 of the Human Security Act of 2007.

In an interview with DZRH’s Dos Por Dos, Remulla explained that the Human Security Act of 2007 which was used by the Manila RTC as a basis to junk the petition had already been repealed and replaced by the Anti-Terrorism law of 2020.

“Iyon na [Anti-Terrorism law] ang bagong batas kaya dapat doon na natin dapat ibabase ang kaso laban sa CPP-NPA-NDF. Itong Human Security Act, hindi na ito batas kasi,” he said.

The DOJ Chief disclosed that the CPP-NPA members did not participate in the proceedings, noting that this was “ex parte.”

In law, ex parte means a judge has come up with a decision without requiring all parties to be present in the proceeding.

He claimed that the court's ruling was not based on the proceedings.

“‘Yung ebidensyang na inilabas lang ng prosekusyon [ang] dapat lalabas sa desisyon ng korte. Ngunit kung babasahin natin, napaka-habang desisyon, ay isinama ng ating korte ang kasaysayan ng CPP-NPA, ang red-tagging at mga isyung hindi kasama sa kaso mismo. Nakapagtataka,” Remulla said.

“Parang kahit napakarami inilabas na testigo ng ating prosecution ay parang ang pinagbasihan niya [Manila RTC] ay hindi naman galing sa prosecution, kundi sa sariling niyang sources. Facts not in evidence,” he added.

The Justice Chief said they may bring the case to the Supreme Court to examine if the Manila RTC’s ruling is correct.

The DOJ will also file a motion for reconsideration (MR) to the Court of Appeals, he added.

“Tuloy-tuloy lang ang laban natin sa mga kalaban ng bayan. Kinakailangan lang magtuloy-tuloy tayo,” Remulla said.

The Manila RTC’s case resolution dated Sept. 21 but released only on Thursday, stated that the CCP-NPA was not organized for terrorism.

The court said, “armed struggle” is the only "means" of CPP-NPA, and not the “purpose” of the creation of the group.