Estelito Mendoza seeks dismissal of petitions vs. anti-terror law

The solicitor general of former president Ferdinand Marcos has asked the Supreme Court (SC) to consider his recommendation to dismiss the petitions challenging the Anti-Terrorism Act of 2020.

Veteran lawyer Estelito Mendoza has filed a petition asking the court to allow him to appear as an amicus curiae ("friend of the court") and to admit his comment to the cases.

An amicus curiae is an "experienced and impartial" lawyer who may be invited by the SC to help in the resolution of pending issues, according to the Rules of Court.

Mendoza admitted he was not invited but said he believes his experience on the issues relevant to the case may be of help to the court.

His "most relevant experience," he said, was the more than 500 times he represented Marcos-time government officials in cases challenging the legality of arrests and detentions. 

At least 29 petitions have been filed against the anti-terrorism law, saying the law or many of its provisions should be struck down for being unconstitutional.

Mendoza addressed two of the 29 petitions — that of a group of lawyers including Howard Calleja and that of retired justices Antonio Carpio and Conchita Carpio Morales and law professors at the University of the Philippines.

He said these petitions did not comply with the requirements for the exercise of the court's power, claiming that they did not allege any act that would create an "actual controversy involving a legally demandable and enforceable right."

The former solicitor general said the SC would be "ill-advised" to disregard the requirements just because of the public interest involved in the case, as seen in the number of petitions filed.

He further claimed that a "facial challenge" is "not available" to question the constitutionality of penal laws.

Mendoza added that the court may still entertain a case challenging an alleged act committed under the anti-terrorism law.

The SC will hear oral arguments on the anti-terrorism law petitions on the third week of September at the earliest. —KBK, GMA News