A DAY AFTER ENACTMENT

Group questions legality of Anti-Terrorism Law before Supreme Court

A group of lawyers and Br. Armin Luistro, Education secretary during the Aquino administration, on Saturday filed with the Supreme Court a petition challenging the constitutionality of the Anti-Terrorism Act of 2020, signed by President Rodrigo Duterte on Friday.

In a Facebook post, the group, led by Ateneo and La Salle law professor and lecturer Howard Calleja filed via electronic filing a Petition for Certiorari and Prohibition against Republic Act 11479 which takes effect on July 19.

With the petition came a plea for the issuance of a temporary restraining order and writ of preliminary injunction and/or other injunctive remedies.

Apart from Luistro of the De La Salle Brothers, Inc. and Calleja, other petitioners were Atty. Joseph Peter Calleja, University of the Philippines Law Professor Christopher John Lao, Dr. Reynaldo Echavez, Napoleon Siongco, Raeyan Reposar, civic groups Frontliners: Tunay na Bayani and Bagong Siklab Pilipinas.

The group described the controversial law as "oppressive and inconsistent with our Constitution." hence, the petition.

"This fight against Terrorism should not and should never be a threat to the fundamental freedoms of all peaceful Filipinos," the group added.

The petitioners said they will proceed to the Supreme Court on Monday to physically file the petition and make a complete copy of the petition available.

Duterte signed the law on Friday despite objections from various groups, including the United Nations human rights body and the Bangsamoro Transition Authority.

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

Withstand scrutiny

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.

Sought for comment, Senator Panfilo Lacson welcomed the filing saying it was part of democracy for the group to do so, but said he is certain that the newly signed law will be able to withstand scrutiny.

"Very confident [ako with the law] kasi talagang pinag-aralan namin," said Lacson, saying they even checked the deliberation by the Constitutional Commission when they crafted the 1987 Constitution.

"Hindi nire-restrict ang Kongreso habaan ang reglamentary period na 36 hours o 3 days sa [Human Security Act]... kasi pwede talaga kami, kasi policy decision ng Kongreso yan. Pwedeng sa policy decision, policy-making body kami pwede kami mag-amend ng Revised Penal Code," he said.

Vagueness, overbreadth

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.”

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

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. -MDM, GMA News