The petition of dismissed Negros Oriental Rep. Arnolfo Teves Jr. to overturn the decision of the Anti-Terrorism Council (ATC) to designate him and his armed group as terrorists was dismissed by the Court of Appeals (CA).

In a 26 November 2025 decision, the CA Ninth Division said there was probable cause to support the terror tag and that the acts of Teves and his armed group intended to intimidate the people of Negros Oriental and created an atmosphere of fear.

Teves and his brother and several others were declared by the ATC as members of the “Teves Terrorist Group” after they were implicated in the killing of Negros Oriental Gov. Roel Degamo in Pamplona.

The former lawmaker challenged the resolution of the ATC, saying it gravely abused its discretion and unduly expanded the definition of terrorism.

In the decision penned by Associate Justice Selma Palacio Alaras, it stated the ATC did not abuse its discretion in handing down the terrorist tag because this was done “only after a finding of probable cause that was amply supported by the factual circumstances and was in accordance with prevailing law and jurisprudence.”

It said that under the Anti-Terrorism Act (ATA), only a finding of probable cause, not certainty of guilt, is required to designate a person or organization as terrorists.

The CA likewise cited the Supreme Court ruling that noted that the designation is a counterterrorism measure intended to prevent or suppress terrorism.

It said in the decision, “Clearly, a person, group of persons, organization, or association may be designated as a terrorist, which is an extraordinary counterterrorism measure that should be made even before a finding that terrorism was committed. Based on probable cause, Arnolfo Teves was designated as such considering that the totality of the acts imputed against him constitutes terrorism.”

The CA ruled that the ATC had probable cause to designate Teves a terrorist based on sworn statements, CCTV footage, Senate hearings on killings linked to Teves, and additional evidence from law enforcers.

Separate cases filed against Teves over the killing of Degamo and other individuals were cited by the ATC, along with his case for illegal possession of firearms and explosives.

The sworn statement of a man who confessed that he was part of the assassinating group that killed three men in 2019 on Teves’ orders was also considered.

The court said it found there was ample evidence on record clearly establishing that, based on the quantum of evidence of probable cause, Teves committed acts that in all likelihood constitute terrorism that justifies his designation as a terrorist.

The argument of Teves that 10 suspects had recanted their statements tagging him as the mastermind was deemed doubtful, and these were not the only basis of Teves’ designation because it was based on other pieces of evidence.

The ATC’s finding that the acts of Teves and his group sought to intimidate and spread a message of fear among the people in Negros Oriental was affirmed by the CA.

It said several killings in Negros Oriental orchestrated by Arnolfo Teves, especially the Pamplona Massacre, were meant to influence and intimidate the Philippine government, particularly the local government of Negros Oriental, thereby seriously undermining public safety.

The CA noted that aside from Degamo, the other victims of the attack were “chance,” as they just happened to be at the wrong place at the wrong time.

“It is partly this element of unpredictability and randomness of victim selection that gives terrorism its modern power enhanced manifold by the media’s display and replay of acts of victimization,” the CA added.

Likewise, the CA stressed that for the purposes of designation of an act as terrorism, it need not reach the magnitude of mass casualty bombings or territorial sieges.

Also, the CA said that as long as the elements of actus reus and mens rea are probably present, and in light of the evolving nature of terrorism—as well as the fact that designation serves both preventive and counterterrorism purposes—the designation is legally tenable.