Duterte signs anti-terror bill into law

President Rodrigo Duterte has signed the anti-terror bill into law, presidential spokesperson Harry Roque and Interior Secretary Eduardo Año announced on Friday.

Duterte signed the Anti-Terrorism Act of 2020 (Republic Act 11479) on Friday despite objections from various groups, including the United Nations human rights body and the Bangsamoro Transition Authority.

Opponents of the new law may turn to the Supreme Court to invalidate the legislation on constitutional grounds.

"As we have said, the President, together with his legal team, took time to study this piece of legislation weighing the concerns of different stakeholders," Roque said in a statement.

"The signing of the aforesaid law demonstrates our serious commitment to stamp out terrorism, which has long plagued the country and has caused unimaginable grief and horror to many of our people."

Duterte signed the measure six days before it would have lapsed into law on July 9.

'Comprehensive approach'

Roque said the fight against terrorism requires a "comprehensive approach to contain terrorist threat."

The Office of the Executive Secretary, Department of Justice and Chief Presidential Legal Counsel Salvador Panelo earlier gave separate comments on the measure, which has drawn criticism because it allegedly contained provisions that may be used to stifle dissent.

Critics have also warned against the up-to 24-day warrantless detention period for suspected terrorists, and the alleged authority of the Anti-Terrorism Council to authorize in writing the arrest of terrorism suspects.

The BTA has said the legislation should be sent back to Congress to address the issues of "vagueness and overbreadth" as well as other concerns. BTA interim chief minister Murad Ebrahim feared that the Bangsamoro people, "easily labeled as terrorists, would again be subject to discrimination and abuse."

On Tuesday, United Nations High Commissioner for Human Rights Michelle Bachelet asked Duterte not to sign the bill, saying the proposal’s looming enactment heightened their concern about the “blurring of important distinctions between criticism, criminality and terrorism.”

She urged Duterte to come up with a legislation that contains safeguards against abuse.

'More draconian'

Roque replied that developed countries had “more draconian” laws against terrorism, citing those in the United States and the United Kingdom.

He said the Philippine lawmakers behind the bill “looked at the European legislation as a model” in drafting the new law, which replaced the Human Security Act of 2007.

The measure defines terrorism as an act committed by a person within or outside the Philippines who engages in activities intended to cause death or serious bodily injury to any person or endanger's a person's life, and to cause extensive damage or destruction to a government or public facility, public place or private property.

Terrorism is likewise committed by a person who engages in acts intended to cause extensive interference with, damage or destruction to critical infrastructure, and develops, manufactures, possesses, acquires, transports, supplies, or uses weapons, explosives or of biological, nuclear, radiological or chemical weapons.

Provisions

The measure states that any person found guilty by the court of planning, training, preparing and facilitating the commission of terrorism will be penalized with life imprisonment without the benefit of parole. The same penalty will be imposed on a person found guilty of conspiracy to commit terrorism.

Under the measure, any person who will threaten to commit terrorism will be imprisoned for 12 years.

The same jail term will be imposed on those who will propose any terroristic act or incite others to commit terrorism.

At the same time, any person who will volunteer or join any organization, association or group of persons knowing that such is a terrorist organization will also be imprisoned for 12 years.

The same penalty will be imposed on any person found liable as an accessory in the commission of terrorism.

No more damages

It also removes the provision on payment of P500,000 damages per day of detention of any person acquitted of terrorism charges.

The measure mandates certain Regional Trial Courts be designated as Anti-Terror Courts in order to ensure the speedy disposition of cases.

It also allows the police or the military to conduct a 60-day surveillance on suspected terrorists, and can be lengthened to another non-extendable period of 30 days if a judicial authorization has been secured from the Court of Appeals.

Any law enforcement or military personnel found to have violated the rights of the accused persons will face a jail sentence of 10 years.

The measure mandates that the Commission on Human Rights be notified in case of detention of a suspected terrorist. -NB/LDF, GMA News