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Over lack of published terrorist designation
TACLOBAN CITY — A regional trial court here has dismissed three counts of terrorism financing filed against activist and development worker Jazmin Jerusalem, ruling that prosecutors failed to establish a key legal requirement for the charges to stand.
In a 14-page order dated February 27, 2026, Presiding Judge Georgina Uy Perez of Regional Trial Court Branch 45 granted Jerusalem’s motion to dismiss, saying the prosecution’s case was “fatally flawed” due to the absence of a legally published terrorist designation at the time the alleged acts were committed.
Jerusalem had been charged under Section 8(ii) of Republic Act No. 10168, or the Terrorism Financing Prevention and Suppression Act of 2012, for allegedly providing funds and goods to the Communist Party of the Philippines and its armed wing, the New People’s Army (CPP-NPA), on three occasions—March 15, 2013; December 23, 2014; and June 5, 2016.
Prosecutors argued that the CPP-NPA had long been designated as a terrorist organization by foreign governments, including the United States, the European Union, and New Zealand, as early as 2002. They claimed Jerusalem should have been aware of the group’s status based on these international designations and widespread media reports.
However, the court ruled that foreign listings and alleged knowledge of them are not enough to establish criminal liability under Philippine law.
Judge Perez said Republic Act 10168 requires the Department of Foreign Affairs (DFA) to officially publish the list of designated terrorist organizations for the designation to have legal effect in the country.
The court noted that the alleged offenses occurred in 2013, 2014, and 2016—years before the Philippine government formally designated the CPP-NPA as terrorist organizations through Proclamation No. 374, which was published only on December 5, 2017.
An advisory regarding foreign terrorist designations was issued even later, on April 16, 2019.
“The absence of the required publication before the alleged commission of the offenses is fatal to the prosecution’s case,” the court said, explaining that without such publication, an essential element of the crime could not be established.
The court also cited the Supreme Court ruling in Tañada v. Tuvera, which established that publication of laws and official issuances is necessary to satisfy due process requirements.
Invoking the doctrine of “radical relief,” the court said the case warranted immediate dismissal because a fundamental element of the offense—a validly published terrorist designation—was missing. Continuing the trial, it said, would be “an exercise in futility” and a violation of the accused’s constitutional rights.
Jerusalem welcomed the ruling, saying it reaffirmed her faith in the justice system.
“So happy and thankful for the court’s decision. I believe in the justice system in our country and that the truth will prevail,” she said in an interview.
She added that the dismissal would allow her to focus on humanitarian work, particularly in assisting poor and vulnerable communities across Eastern Visayas.
Jerusalem serves as executive director of the Leyte Center for Development Inc. (LCDE), a non-government organization founded in 1988 that has provided assistance to communities affected by natural disasters and the COVID-19 pandemic in the region.
The complaint against her was filed in November 2024 by the Criminal Investigation and Detection Group (CIDG), based on affidavits from former rebels. Jerusalem earlier dismissed the allegations as “full of lies.”
Under her leadership, LCDE has received recognition from the Regional Development Council, the National Anti-Poverty Commission, and the Regional Disaster Risk Reduction and Management Council.
Jerusalem herself was also cited internationally for her work, receiving recognition from the German government as an International Climate Heroine in 2017 and a leadership award in disaster risk reduction from UN Women in 2021.
JOEY A. GABIETA
