Lacson: Anti-terror bill would prevent terrorist financing in Philippines

Senator Panfilo Lacson said the proposed Anti-Terrorism Act would cut off terrorist financing activities in the Philippines as he pointed out that the Marawi siege in 2017 proved the lack of teeth of existing laws.

"Kaya tayo nalagay sa partially compliant ng FATF (Financial Action Task Force), kasi napakahina ng ating batas o pagtugon sa terrorist financing. Sa Marawi lang ilang bilyon ang pumasok na pera roon para pondohan ang Marawi siege? Katakot-takot. Hindi ito na-check dahil sa kahinaan ng batas," Lacson, chair of the Senate committee on national defense and security, said in a virtual Kapihan sa Manila Bay.

"Kulang kasi ang ngipin ng batas kasi doon sa Terrorist Financing Act, nakalimit lang sa proscription. Ngayon dinagdagan natin ito, 'yung mechanism kung how to go about thwarting or preventing terrorist financing, isinama natin dito," he said.

Lacson added that while the proposed measure authorizes the freezing of accounts of suspected terrorists, humanitarian considerations still remain.

"Hindi ito totally frozen. Binigyan natin ng humane treatment. Maski frozen ang account, pwedeng partially makapag-withdraw pa rin ang suspected terrorist or organization for humanitarian needs. Halimbawa may sakit sa pamilya, pagbibigyan ito under this measure. So 'yan ang misconception," he said.

National Security Adviser Hermogenes Esperon also underscored that the membership of the Anti-Money Laundering Council (AMLC) chief in the proposed Anti-Terrorism Council (ATC) would beef up efforts in foiling financial transactions that support terrorism.

"Magkakroon ng malakas na position at mga aksyon tungkol sa terrorist financing," he said.

Under Section 35 of the bill, the AMLC may investigate the property and funds of suspected persons upon the issuance by the court of a preliminary order of proscription or in case of designation.

Meanwhile, Commissioner Gwen Pimentel-Gana reiterated that the Commission on Human Rights is strongly against terrorism but stressed that some provisions of the anti-terror bill is "open to misinterpretation" that may lead to abuses.

She cited for example Section 29 of the proposed law which she claimed allows the law enforcers to arrest a suspected terrorist "having been duly authorized in writing by the ATC."

Lacson, on the other hand, said the prerequisites of warrantless arrest have never been touched by the bill and that the ATC does not have judicial authority to order arrests.

He then asked the National Intelligence Coordinating Agency (NICA) if the existing Anti-Terrorism Council has been able to order, even once, an arrest.

"Mayroon ba kayong record sa Anti-Terrorism Council na nakapag-utos na after the passage of Human Security Act of 2007, mayroon bang isang instance na nag-utos ang ATC sa law enforcment agency na mag-aresto outside of the requirements of warrantless arrest?"

"Never, sir," NICA Director-General Alex Paul Monteagudo said in response.

"Kung wala, that is the best test, kasi existing na rin 'yung 'having been duly authorized in writing by the ATC.' Talagang klaro na 'yung legislative intent, malinaw naman," he said.

Lacson also reiterated the "underutilization" of the Human Security Act which the anti-terror bill seeks to repeal.

"Out of the 735 suspects undergoing trial not one of them is being tried for violation of the HSA, lahat ito murder, illegal possession of firearms, and most of them nahuli ito sa Marawi siege," Lacson said.

"That's why we arrived at the conclusion that the Human Security Act is severely underutilized to the point na dead-letter law nga," he added.

As principal sponsor and one of the authors of the proposed Anti-Terrorism Act, Lacson stood firm in support of its passage as he stressed that "well-organized and well-funded" future attacks of terrorists must be thwarted by the government.

The anti-terror bill is still awaiting the approval or veto of President Rodrigo Duterte. The Palace said he is "inclined" to sign it. — RSJ, GMA News