A DAY AFTER EFFECTIVITY

NUPL-backed group contests anti-terror law before SC; Duterte a respondent

A group of 44 petitioners represented by the National Union of Peoples' Lawyers (NUPL) on Sunday challenged the Anti-Terrorism Law of 2020 before the Supreme Court, a day after it was deemed effective.

In a 137-long petition, the group called on the high tribunal to immediately issue a status quo ante order or a temporary restraining order, or a writ of preliminary injunction to stop the implementation of several provisions of the law.

These provisions include the formation and convening of the Anti-Terrorism Council and the exercise of its functions, the drafting and issuance of any implementing rules and regulations of the law, and the constitution of the Joint Oversight Committee.

They also urged the court to declare the unconstitutionality of the law in its entirety.

No less than President Rodrigo Duterte, Executive Secretary Salvador Medialdea, Senate President Vicente Sotto III, and Speaker Alan Peter Cayetano were named respondents in the petition.

According to the petitioners, the Anti-Terrorism Law of 2020 violates several provisions of the Constitution, such as the due process clause due to the "extremely vague" definition of terrorism, the free speech clause, as well as the right to due process, property, freedom of association.

At the same time, the petitioners also alleged that the law "encroaches upon protected freedoms," usurps judicial prerogatives, and infringes on the constitutionally-granted protection against warrantless arrests, detention without charges, and right to bail and travel.

"The peaceful exercise of constitutional rights cannot be restricted in the face of security concerns raised by the government without hurdling the 'clear and present danger' rule," the NUPL said in a statement following the filing of the petition.

"Otherwise, the exercise of these rights would be held hostage by imagined threats, the kind that the current administration routinely concocts in the face of criticism, dissent or opposition to its questionable policies and odious proclivities," it added.

Among the petitioners are leaders and members of progressive mass organizations such as the Bagong Alyansang Makabayan, Movement Against Tyranny, Karapatan, along with academicians, journalists, doctors, former government officials, activists, martial law and other human rights victims, peasants, workers, urban poor, government employees, fisherfolk, women, youth, LGBTQI, and child rights advocates.

The petitioners have filed the measure electronically, and they are expected to lodge the same physically before the court on July 23.

Several groups have also earlier assailed the new anti-terrorism law before the Supreme Court, including lawmakers such as Albay Representative Edcel Lagman and representatives from the House Makabayan Bloc.

Malacañang has said it will accept whatever decision the Supreme Court may arrive at regarding the petitions against the law.

The Anti-Terrorism Act took effect at midnight on July 18 even if no implementing rules and regulations have been issued yet. —KG, GMA News