UP Diliman opposes anti-terrorism bill, urges Duterte's veto

The University of the Philippines-Diliman on Monday voiced its opposition to the Anti-Terrorism Act of 2020, which was passed by Congress last week and was only awaiting the signature of President Rodrigo Duterte.

UP Diliman said the act, which was “deleterious” to the public’s rights and welfare, should be vetoed by Duterte.

"We call on President Duterte to veto the said bill, and urge him to instead direct government attention and resources to fighting the COVID-19 pandemic and helping our people rise from the resulting economic and social dislocation," it said in a statement.

UP Diliman also expressed alarm over the legal provisions in the act that contravened the “democratic spirit” of the 1987 Constitution.

“We note in particular the threat it poses to the freedom of expression, freedom of association, the right to be presumed innocent until proven guilty, the right against unlawful arrest and arbitrary detention, our right against unlawful searches and seizures, due process of law, privacy of communications and correspondence, the right to information, and the right not to be subject to an ex-post facto law or bill of attainder.”

The university also expressed concern over the broad but vague definition of “terrorism.”

“It also violates the principle of separation of powers. Its expansive definition of ‘terrorism’ practically covers all forms of dissent, including lawful protests and criticism,” it said. “The Act unduly chills free expression as the expansive definition of crimes may cover legitimate forms of dissent.”

UP Diliman said the act tends to empower a handful of Cabinet officials comprising the Anti-Terrorism Council to unilaterally designate an individual or an organization as a “terrorist.”

“Courts are authorized to issue a ‘preliminary order of proscription’ against individuals and organizations deemed ‘terrorist’ and thus outlawed, without the benefit of full trial.”

It also stressed that warrantless arrests, prolonged detention on an executive order, wiretapping of suspected offenders, freezing of their assets, and the restriction of the right to travel of an individual even prior to the filing of a formal charge “unduly expands the coercive power of the state.”

The university also noted that the proposed measure, which seeks to repeal the Human Security Act of 2007, also scraps the P500,000 fine on law enforcers for wrongful prosecution. Persons acquitted of terrorism charges can no longer seek damages from the government for the seizure of their assets as well.

“Rather than eliminate terrorism by addressing its root causes, the Act will merely embolden law enforcement agencies in disregarding constitutionally protected human rights."

UP Cebu protest

Meanwhile, the university also condemned the Cebu City police’s arrest of the eight individuals who participated in a protest at the vicinity of UP Cebu on Friday after it claimed that they violated quarantine protocols on social distancing and prohibition of mass gatherings.

UP Diliman said it was in violation of the 1989 UP-DND Peace Accord, which “prevents the police and the military from conducting any operations inside any UP campus without prior coordination with UP officials.”

“We condemn the suppression of legitimate protest and the violation of UP campuses as recognized sanctuaries for political dissent,” it said. “This post hoc rationalization by the police illustrates further the weakness of the arguments now being put forth by some legislators and executive officials that the law will not be used against legitimate protests.”

With this, the university concluded that the law “will not be applied judiciously but rather will give further space for a police force that is very much in need for professionalization and re-orientation.”

“The supposed safeguards of the bill are not satisfactory and acceptable because they can be availed of only after the damage has been done to persons against whom the law has been applied. These even make it more prone to abuse.”

“We express our severe disappointment in our legislators who, instead of uniting our people to fight against the global threat of the COVID-19 pandemic, have chosen to waste time and resources on this proposed law,” UP Diliman said. — DVM, GMA News