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Criminalize subversion? Guevarra says amending Human Security Act enough


Responding to Interior Secretary Eduardo Año's suggestion to once again criminalize subversion, Justice Secretary Menardo Guevarra on Tuesday said he believes amending and strengthening the Philippines' anti-terrorism law will suffice.

Año has reportedly said the government should consider restoring the law making subversion a criminal offense in view of 500 to 1,000 youths allegedly being "indocrinated" by communist rebels annually.

In a statement over the weekend, the retired military chief also said it was "unfortunate" that the Anti-Subversion Act was repealed and that leftist organizations — which are reportedly recruiting students — "should be banned for being subversive and illegal."

Republic Act 1700, the 1957 measure outlawing the Communist Party of the Philippines (CPP), was repealed in 1992.

Sought for comment, Guevarra said: "With all due respect to Sec. Año, mere membership in the CPP (subversion) is not a crime unless overt criminal acts are committed."

"Amending and giving more teeth to the Human Security Act will suffice, in my opinion," he said in a message to reporters.

One provision that Guevarra said he believes needs to be scrapped is the section that imposes a penalty of P500,000 a day upon any law enforcement officer who "mistakenly accused and prosecuted a person for terrorism, even if done in good faith."

"There are laws penalizing malicious prosecution anyway," Guevarra said.

"Being leftist is far from being terrorist," he added. "As long as activism remains in the realm of ideology, there is nothing to be alarmed about. But once it flows into overt acts that threaten the national security or at least cause widespread fear among the people, government has to step in, and step in really hard." —KBK, GMA News

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