Anti-terror law brings to mind 1972's arrest, seizure orders –CBCP

Philippine Catholic bishops have said that the new Anti-Terrorism Law reminds them of the horrors of warrantless arrests and detentions intiated in 1972, which eventually led to the demise of democracy and the rise of a dictatorial regime that had stayed on for 14 years.

In a pastoral letter dated July 16, 2020 and signed by Catholic Bishops Conference of the Philippines (CBCP) acting president Kaloocan Bishop Pablo Virgilio David, the bishops said that warrantless arrest is legalized in the new law, just as it was in 1972 under "ASSOs" (arrest, search and seizure orders) initiated by a newly-elected President then.

"We are still in disbelief about the manner in which the contentious Anti-Terror Bill was fast-tracked and approved in both Houses of Congress while the whole country’s attention was focused on the Covid-19 pandemic," the pastoral letter said.

It added, "dissenting voices were strong but they remained unheeded. None of the serious concerns that they expressed about this legislative measure seemed to be of any consequence to them. Alas, the political pressure from above seemed to weigh more heavily on our legislators than the voices from below."

Government officials and their allies were quick to dismiss as unfounded the fears raised by legal experts and constitutionalists that some elements of the new law are “oppressive and inconsistent with our Constitution," as they pose "a serious threat to the fundamental freedoms of all peaceful Filipinos,” the pastoral letter added.

The said pastoral letter, titled "A Pastoral Letter and a Call to Prayer" was in response to the letter of His Eminence, Charles Cardinal Maung Bo, Archbishop of Yangon, Myanmar and President of the Federation of Asian Bishops’ Conferences for prayers for the people of Hong Kong on account of the signing into law of a new National Security Act imposed by the People's Republic of China.

Cardinal Maung Bo pointed out in his request to the Philippine bishops that Hong Kongers are facing a threat to their basic freedoms and human rights under China's National Security Act.

In response, the CPCP assured the cardinal of their prayers as they find Hong Kong's situation "eerily familiar to Filipinos" now threatened by the Anti-Terrorism Act of 2020.

Warrantless arrest

Several groups and individuals have expressed concern that the new law could be abused,  and used by authorities to go after activists or dissenters for mere suspicion that they are terrorists.

Among those who oppose the new law is Vice President Leni Robredo, who earlier urged concerned citizens to go to the Supreme Court to question the the law's constitutionality.

Prior to the signing of the measure into law, over 250 groups from different sectors had appealed for Duterte's veto, particularly questioning Section 29.

The updated section is titled "Detention without judicial warrant of arrest." It authorizes the Anti-Terror Council –composed of appointed officials – to order the arrest and detention of "suspected terrorists" and not a court of law.

Likewise, the section allows suspected terrorists to be arrested and detained without a court's warrant for up to 24 days.

The opposition argued that the 1987 Constitution provides that those arrested without a warrant must be charged within three days, otherwise the suspects must be freed.

Section 29, including the the timing of the law's passage, has also been questioned by several groups across different sectors across the country – business, academe, lawyers, including retired Supreme Court senior associate justice Antonio Carpio, and United Nations Human Rights chief Michelle Bachelet.

Last Saturday, the Office of the Solicitor General requested the Supreme Court to dismiss motions assailing the new law for its supposed "utter lack of merit." —LBG, GMA News