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Philippines: ‘Preventing Similar Cases Requires Dismantling the Mechanisms That Treat Dissent as Crime’

By CIVICUS
Feb 27 2026 (IPS)

 
CIVICUS discusses the criminalisation of dissent in the Philippines with Kyle A Domequil, spokesperson of the Free Tacloban 5 Network, a campaign supporting journalist Frenchie Mae Cumpio, human rights defender Marielle Domequil and their co-accused and advocating for their release.

Kyle A Domequil

On 22 January, a Philippines court convicted Cumpio and Domequil of terrorism financing, sentencing them to between 12 and 18 years in prison. The two were among five people arrested in February 2020 following unlawful police and military raids. Rights groups condemned the verdict as a miscarriage of justice, arguing it exemplifies how anti-terror laws silence critics through ‘red-tagging’, a practice of publicly accusing people of communist or terrorist links without evidence, subjecting them to surveillance and exposing them to arrest and violence.

What were the circumstances of the arrests?

In the early hours of 7 February 2020, police and military forces raided the offices of several organisations in Tacloban City. Five people were arrested: Cumpio, a community journalist and Domequil, a Rural Missionaries of the Philippines lay worker, along with Alexander Philip Abinguna, a member of Karapatan’s National Council, People Surge Network spokesperson Marissa Cabaljao and Mira Legion of Bagong Alyansang Makabayan-Eastern Visayas. They’re collectively known as the Tacloban 5.

The raids followed Karapatan publicly raising concerns about extensive surveillance of its office and other organisations in the city. Days before her arrest, Cumpio reported to the Centre for Media Freedom and Responsibility that masked men had been tailing the staff of Eastern Vista, the local news website where she served as executive director. Cumpio was already being followed and Legion received a very suspicious call from a man saying who just kept saying ‘stop it’. Cumpio was able to publish on Eastern Vista about what was happening to them just a few days before the arrest.

The Tacloban 5 have denounced that evidence was planted during the raid. Ammunition, explosives, firearms and a Communist Party flag were allegedly found where they slept, under pillows and mattresses and even near Cabaljao’s one-year-old child’s crib. They were unable to witness the seizure because they were turned away during the search. Authorities also seized ₱557,360 (approx. US$9,600) in cash.

Cabaljao and Legion faced bailable charges of illegal possession of firearms and were eventually granted bail. On top of that, Abinguna, Cumpio and Domequil faced non-bailable charges of illegal possession of explosives. Since their arrest, they remained detained while facing successive charges widely viewed as politically motivated. Now Cumpio and Domequil have been convicted, while Abinguna remains in pretrial detention six years after being detained.

What evidence did the court rely on to convict Cumpio and Domequil?

The conviction rested almost entirely on testimonies from four ‘rebel returnees’, people who claim to have left armed groups and who receive financial support from the military. They testified that on 29 March 2019, they saw Cumpio and Domequil at a camp of the New People’s Army (NPA), the armed wing of the Communist Party, handing cash, ammunition and clothing to an NPA commander.

There was no corroborating proof or documentary or photographic evidence, just those testimonies from military assets whose credibility should have been questioned. The defence presented evidence that Cumpio and Domequil were elsewhere that day and they also presented documents of their activities, but the court dismissed this.

The court acquitted Cumpio and Domequil of the illegal possession of explosives and firearms charges, ruling the evidence was based on unreliable witnesses and inconsistent narratives and there was indeed an opportunity for planting evidence. Yet on the same lies and perjured testimonies, the same court found them guilty of terrorism financing and sentenced them to 12 to 18 years in prison.

This verdict is particularly troubling given that in October 2025 the Court of Appeals had overturned a civil forfeiture case against them, finding there was little reason to believe they were connected to the NPA. The Court of Appeals even warned against the hasty labelling of human rights workers as terrorists.

How do anti-terror laws and red-tagging enable cases such as this?

They function as tools of political persecution. Red-tagging labels people as linked to insurgent or terrorist groups without credible evidence. Once red-tagged, they face arrest, harassment, surveillance and threats. It creates a climate where suspicion replaces due process.

The anti-terrorism law contains vague, overly broad provisions. Authorities can associate community organising humanitarian work and journalism with armed groups, even without intent to commit violence. Cumpio was reporting on red-tagging and illegal searches before her arrest. Her radio programme was also red-tagged.

Public vilification combined with expansive security legislation produces a repeatable pattern: stigmatise, raid, charge and detain for years. Cumpio and Domequil’s case reflects this architecture of repression.

Who celebrated their conviction, and what does that reveal?

The National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) celebrated the verdict as a ‘decisive legal victory against terrorism’. NTF-ELCAC is a government body that systematically targets activists, human rights defenders and journalists through red-tagging. It has repeatedly accused Karapatan of being a communist front. It labels legitimate civil society organisations as terrorist supporters, creating the pretext for raids, arrests and prosecutions.

When a court convicts a community journalist based on compromised testimony and the government’s counter-insurgency apparatus celebrates, it reveals the conviction’s true purpose: silencing dissent and punishing those who document abuses.

What’s happened to the other members of the Tacloban 5?

Cabaljao and Legion were released on bail, but not without suffering frozen assets, multiple cases, extended detention and relentless red-tagging. Abinguna remains in pretrial detention and his trial continues at Tacloban City Regional Trial Court, where the prosecution has so far presented fewer than half its listed witnesses, effectively delaying proceedings and prolonging his detention.

While detained, Abinguna was hit with additional trumped-up charges: double murder and attempted murder, based solely on testimony from a ‘rebel returnee’ who tried to link him to an alleged NPA ambush in October 2019. Cumpio faced the same charges until a court granted her motion to quash them in November 2025. Abinguna’s motion was denied.

Beyond this case, what does Karapatan’s documentation reveal about the broader pattern?

Karapatan documents arbitrary imprisonment, enforced disappearances, extrajudicial killings and militarisation across the Philippines. We conduct fact-finding missions, file cases through courts and international human rights bodies, provide psychosocial support to victims and help organise victims’ families.

Under the current government, the Anti-Terrorism Act of 2020 and the Terrorism Financing Prevention and Suppression Act of 2012 have been aggressively enforced not to protect the public, but to persecute critics and suppress dissent.

The Tacloban 5 case exposes how counter-terrorism laws, fabricated charges, judicial harassment and years of unjust detention silence activists, humanitarian workers, human rights defenders and journalists. It’s not an isolated incident; it’s a deliberate strategy.

According to our latest data, there are around 700 political prisoners in the Philippines. Many face the same pattern: red-tagging, questionable raids, planted evidence, reliance on testimony from military assets and prolonged detention.

What happens next?

The case is under appeal. All available legal remedies are being pursued. The conviction needs rigorous review, particularly of due process violations and evidentiary standards in terrorism-related cases. Courts must ensure national security claims don’t override fundamental rights.

But we need more than case-by-case appeals. Structural reforms are essential. Red-tagging must be explicitly prohibited with those responsible held accountable. The anti-terrorism law must be repealed or fundamentally amended to prevent misuse against human rights defenders and journalists. Safeguards must be strengthened to prevent unlawful raids, evidence-planting and security force abuses. NTF-ELCAC must be held accountable for its role in criminalising dissent.

Ultimately, prevention of similar cases requires the dismantling of mechanisms that treat dissent as crime. Without accountability and structural reform, the criminalisation of activism will continue.

CIVICUS interviews a wide range of civil society activists, experts and leaders to gather diverse perspectives on civil society action and current issues for publication on its CIVICUS Lens platform. The views expressed in interviews are the interviewees’ and do not necessarily reflect those of CIVICUS. Publication does not imply endorsement of interviewees or the organisations they represent.

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SEE ALSO
‘The government treats journalists as security threats rather than contributors to public debate’ CIVICUS Lens | Interview with Aleksandra Bielakowska 15.Feb.2026
‘We refuse to stay silent while those in power treat public office like private property’ CIVICUS Lens | Interview with Raoul Manuel 25.Nov.2025
Press freedom under attack CIVICUS Lens 03.May.2023

 


  
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