3 senators oppose reviving anti-subversion law

At least three senators have expressed opposition to the suggestion of Interior Secretary Eduardo Año to criminalize subversion amid reports that minors are allegedly being recruited by leftist organizations.

Senator Panfilo Lacson, national defense and security committee chairman, said reviving the Anti-Subversion Law is “not under consideration.”

“Na-decriminalize na ang Anti-Subversion Law. Anyway, ito naman will address ang aspect ng minors being recruited to join a terrorist group. Kung magjo-join lang naman sa organizations like Kabataan party-list or Anakbayan, I don’t see any problem with that. Except of course that they are also violating the law for recruiting minors. Pero hindi pa naman sila lumalampas sa stage na magjo-join sila ng NPA,” Lacson told reporters.

He said he is not inclined to support criminalizing subversion.

“It encroaches on the fundamental right to a peaceful assembly, to protest. I don’t think I will support that,” the former Philippine National Police chief said.

For his part, Senate Minority Leader Franklin Drilon said the revival of the Anti-Subversion Law will violate basic constitutional rights, particularly the right of a person to freedom of assembly and association.

He cited Article II, Section 4 of the 1987 Constitution which states: “No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.”

“I will strongly oppose any attempt to revive the Anti-Subversion Law in the same manner that I am extremely against the reimposition of the Death Penalty law. First, they want Congress to revive the death penalty. Now, they want us to resurrect the anti-subversion law. Is this how we want this Congress to be remembered?” Drilon said in a statement.

The former justice secretary said the Anti-Subversion Law, which was implemented decades ago until it was repealed in 1992, outlawed mere affiliation with a group, attending a meeting or taking part in any activity meant to overthrow the government.

He said mere membership in any organization is not a crime.

Drilon further said the Anti-Subversion Law would also violate the equal-protection clause of the Bill of Rights and the provision of the Constitution against undue favor and individual or class privilege, as well as hostile discrimination or the oppression of inequality against one class or organization.

He said that there are enough laws that can help authorities to address terrorism and provide adequate protection to the State, such as the Human Security Act (RA 9372) which imposes stiffer penalties to a lengthy list of acts of terrorism.

“We should not make it as an excuse to always blame the inefficiencies in our laws, proven or otherwise, for our failure to discharge our duty,” Drilon said.

Senator Grace Poe, meanwhile, said the law should not be used to infringe on the right of a person to free speech.

“Maingat ako sa ganyang panukala dahil me proteskyon sa Konstitusyon. Kapag merong dahilan na ang  bagay ay subversive may korte na pinagdadaanan.  Kailangang  proteksyunan ang  demokrasya,” Poe said in an interview.

“Hindi puwedneg gamitin ang batas para mapigilan ang malayang pananalita at pagkilos ng ating kababayan,” she added. — RSJ, GMA News