DOJ to ‘more clearly’ define limits of anti-terror bill if it becomes law — Guevarra

Should the anti-terrorism bill become law, the Department of Justice (DOJ) will "more clearly" define the parameters of how it should be enforced, Justice Secretary Menardo Guevarra said Tuesday.

The bill, which has been transmitted to Malacañang, will be reviewed by Palace officials before they make a recommendation to President Rodrigo Duterte, whose signature will turn the proposed measure into law.

The DOJ is also reviewing the bill. Guevarra said his department will "focus on issues of constitutionality," conduct the review within 15 days, and then submit their comments to the Office of the President.

Guevarra declined to make further comments on the bill pending the review.

"Perhaps this is the more significant thing to know: should the anti-terror bill be enacted into law, the DOJ will endeavor to define more clearly, in the IRR (implementing rules and regulations) that the ATC and the DOJ will be tasked to promulgate, the parameters within which the law will be implemented and enforced, in order to erase any latitude for misapplication or abuse," he said in a message to reporters.

Under the anti-terrorism bill, the DOJ secretary is part of the Anti-Terrorism Council (ATC) alongside the secretaries of foreign affairs, national defense, the interior and local government, finance, and information and communications technology, and the executive director of the Anti-Money Laundering Council.

The council is to be chaired by the executive secretary, with the national security adviser as vice chairperson. It will be tasked to formulate and adopt counterterrorism programs.

The bill also states law enforcement or the military may arrest suspected terrorists using a written authorization from the ATC and detain them for up to 24 days before bringing them before a judge.

The Integrated Bar of the Philippines has pointed out that the Constitution says the power to order arrests is an exclusive power of the courts, and that even in times of martial law, arrested persons must be charged within three days.

Asked how the National Prosecution Service (NPS) will ensure its independence when the Justice secretary sits in the ATC, Guevarra said the Justice secretary may perform his tasks in the ATC independently of his reviewing power in the NPS.

State prosecutors are in charge of determining whether or not there is basis to charge a person in court. Resolutions by prosecutors are appealable to the DOJ secretary.

"The SOJ has no participation in the investigative process, but exercises the power of review," Guevarra said in a message to reporters.

"His role as a member of the Anti-Terrorism Council which deals with policies and his role as reviewing authority in actual cases investigated by the National Prosecution Service are separable and can be performed independently of each other," he added.

Guevarra, who was previously senior deputy executive secretary, also said he knows all enrolled bills are "carefully scrutinized" before they are submitted to the President for action.

"As a lawyer himself, the President has a good grasp of any legal or constitutional issues involved,"  he said.

Guevarra said Duterte has 30 days to act on the bill. — RSJ, GMA News