Respondents in the Community Empowerment Resource Network (Cernet) terrorism financing case have called on a Cebu City court to expedite proceedings, citing their right to a speedy trial and the deaths of three co-accused since preliminary proceedings began in 2023. The May 8 hearing before Regional Trial Court (RTC) Branch 74 was reset to May 29 after Malacañang declared May 6 to 8 as special non-working holidays in Cebu, Mandaue, Lapu-Lapu cities, and Cordova for the 48th Association of Southeast Asian Nations Summit.
Legal Basis for Speedy Trial
The respondents invoked Republic Act 8493, or the Speedy Trial Act of 1998, which mandates that criminal trials be completed within 180 days from the first day of trial, except as authorized by the Chief Justice. They argued that the delay violated their constitutional right to a speedy disposition of their case.
Deaths and Health Issues
Three co-accused have died since the case began: Cristina Muñoz in January, Teresa Claire Alicaba in March, and Rebecca Quimada-Sienes in April. Another respondent suffered a stroke and has been repeatedly hospitalized, further underscoring the urgency of the proceedings.
Judge Van Russel Inopiquez acknowledged the respondents' speedy trial rights but noted that RTC Branch 74 Judge Marlon Jay Moneva has been on official leave from August 2025 until June. Inopiquez is serving as acting presiding judge while Moneva is on study leave abroad.
Motion to Dismiss
The respondents have also sought leave to file a motion to dismiss, arguing that the alleged act occurred before the prosecution’s cited designation became operative because it had not been published. They contended that holding them liable would violate due process and the principle of nullum crimen sine lege, or no crime without law.
Background of the Case
The “Cernet 27” refers to 27 individuals associated with Cernet who were charged under the Terrorism Financing Prevention and Suppression Act of 2012 for allegedly providing P135,000 to the New People’s Army in 2012. The Department of Justice filed the charges in May 2024, with bail set at P200,000 for each accused.
