MANILA — An Antipolo prosecutor has junked a terrorism charge against 2 young paralegals accused of providing material support to an alleged member of the New People’s Army (NPA).

Associate City Prosecutor Kristoffer Ryan Tayhopon says alleged act of providing an "organized transportation" in going to a wake is "not per se providing material support to a terrorist" because going to a wake is not an act of terrorism as defined in Section 4 of RA 11479. pic.twitter.com/EPtlVlaQws

— Mike Navallo (@mikenavallo) November 23, 2023

In a 9-page resolution dated November 3, Associate City Prosecutor Kristoffer Ryan Tayhopon dismissed “for lack of probable cause” the criminal complaint for violation of section 12 of the Anti-Terrorism Act (RA 11479) against Kenneth Rementilla and Jasmine Yvette Rubia.

Rementilla is a volunteer paralegal of Karapatan-Southern Tagalog and regional coordinator of Anakbayan Southern Tagalog while Rubia is a paralegal and the secretary-general of Mothers and Children for the Protection of Human Rights (MCPHR).

Both said they were part of a quick response team (QRT) formed to investigate the death of a 9-year-old child who was killed during a gunfight between the military and the rebels on July 18, 2022 in Taysan, Batangas.

A soldier, Sgt. Jean Claude Bajaro, claimed Rementilla and Rubia gave Hailey Pecayo a ride to attend the wake of the child on July 22, 2022.

Pecayo was accused of being a terrorist and of taking part in the armed encounter but Laguna prosecutors earlier junked the terrorism charges against her due to lack of evidence.

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Bajaro presented affidavits of 4 former members of the Communist Party of the Philippines-New People’s Army- National Democratic Front or its front group alleging that QRT members introduce themselves as paralegals “so they can infiltrate the communities” with civilian casualties during armed encounters.

Rubia said that while she was with Pecayo on July 22, 2022 during the visit to the wake as part of a fact-finding mission, she denied Pecayo was a terrorist and accused the soldiers of red-tagging them.

Rementilla, for his part, said he was in the University of the Philippines Los Baños on that day.

In dismissing the raps against Rementilla and Rubia, Tayhopon said the alleged act of providing an “organized transportation” in going to a wake is “not per se providing material support to a terrorist, because going to a wake in itself is not an act of terrorism” under the Anti-Terrorism Act.

Material support, as defined in the law, can refer to providing any property or service, lodging, training, false documentation, communications equipment, weapons and transportation to terrorist individuals or groups knowing that they are planning or committing terrorist acts.

“If the complaint was able to provide any proof that in providing an organized transportation in going to the wake of [the child], Hailey Pecayo was able to commit any of the acts enumerated in Section 4 of RA 11479, then probable cause may be found against the respondents for violation of Section 12 of RA 11479,” the prosecutor said.

“Also, while it may be established that respondents are members of a certain ‘Quick Reaction Team’ or ‘Quick Response Team (QRT), the complaint failed to provide any proof of any other specific acts of giving material support to a terrorist of this QRT involving the respondents in the instant case during the alleged incident,” he added.

In a press conference at the Commission on Human Rights in October, Rementilla had complained of online harassment as well as fear for his safety after the complaint against him was filed.

“Napakarangal po ng human rights work. Alam po naman natin na lahat tayo ay may karapatan,” he said. “Hindi po krimen ang pag-abot ng tulong sa mga biktima ng mga karapatang pantao.”