Lacson to IBP: Anti-Terrorism Council in bill won’t have power to authorize arrests

Senator Panfilo Lacson on Wednesday said that the Anti-Terrorism Council (ATC), which would be created under the anti-terror bill, would not have the authority to order arrests of suspected terrorists.

In a Twitter post, the senator who authored and sponsored the bill in the upper chamber of Congress addressed the concern raised by the Integrated Bar of the Philippines (IBP).

"IBP: If the ATC designates you as a terrorist or terrorist organization, based on probable cause, that is a signal and excuse now for law enforcers to arrest,..xxx NO SIR! It is ONLY to request the Anti-Money Laundering Council to freeze the accounts and the Court of Appeals to issue an order to wiretap, NOT arrest," Lacson said.

Under the proposed law, the ATC shall be composed of the executive secretary, the national security adviser, the secretaries of foreign affairs, national defense, the interior and local government, finance, justice, and information and communications technology, and the executive director of the AMLC.

On Tuesday, the IBP said it is focusing on the issue of whether the ATC can "authorize in writing" the "taking into custody" of terrorism suspects, as stated in Section 29 of the anti-terror bill.

It pointed out that the said authority is exclusively a judicial power.

Lacson has previously stressed that the ATC does not  have judicial or quasi-judicial powers. He added that its tasks are administrative.

According to Section 45 of the bill, the ATC shall assume "responsibility for the proper and effective implementation of the policies of the country against terrorism."

It shall keep records of  its proceedings and decisions, and formulate effective plans and programs to "counter, suppress, or eradicate the commission of terrorism" in the country.

"Nothing herein shall be interpreted to empower the ATC to exercise any judicial or quasi-judicial power or authority," the bill read.

'Futuristic'

In another tweet, Lacson called out the arguments of those against the passage of the bill.

"Many of those opposing the anti-terrorism measure have now shifted their aim to target the implementation. They have mastered the art of argumentation - when you run out of sound reasons to argue, just say: BASTA!" he said.

Senate President Vicente Sotto III backed him up.

"Tama si Ping, nuong hindi umubra mga pintas nila sa laman ng bill dahil wala mga sinasabi nila, sa implementasyon naman ang target. Futuristic? Ano ba talaga?" Sotto said in a separate tweet.

Opposition Senators Franklin Pangilinan and Risa Hontiveros—who voted against the bill last February—recently said the implementation of the bill may tell a different story than what its proponents are saying.

"Section 4 is clear but in actual implementation, it may be challenged by implementing law enforcement authorities at pati noong bubuuing Anti-Terrorism Council which will be composed of appointees of the President," Hontiveros said.

Section 4 of the proposed measure states that advocacy, protest, dissent, and similar exercises of civil and political rights are not considered terrorism.

Pangilinan also said the spate of "nanlaban" killings could be used against suspected terrorists if this bill becomes a law.

Sabi nga nila yung 6,000 na police encounter doon sa drug war nanlaban daw lahat 'yun, eh di pag nakulong ang isang [suspect] ng 24 days dito sa anti-terror law, ang dali-dali sabihin na 'Nanlaban eh, kaya pinatay namin.' 'Yun ang nakakatakot," he said.

The Senate's version of the controversial bill has been adopted and approved by the House of Representatives after President Rodrigo Duterte certified the measure as urgent.

Presidential spokesperson Harry Roque said "public interest" will make Duterte review the controversial proposed measure more closely before acting on it. — BM, GMA News