OSG asks Supreme Court to cancel oral arguments on anti-terror law

Government lawyers have asked the Supreme Court (SC) to cancel oral arguments on the petitions challenging the anti-terrorism law.

Saying logistical restrictions and health risks due to COVID-19 justify a cancellation, the Office of the Solicitor General (OSG) proposed the submission of pleadings in place of oral arguments.

The SC Public Information Office previously announced that the court will hold oral arguments on the third week of September at the earliest. It was not immediately clear whether it will be held at the court itself or online.

During oral arguments, the justices personally ask the parties and their lawyers questions on issues relevant to the petitions. The proceedings, which could last for several hours, are held at the court's session hall. Audio of the event is streamed live online.

The OSG said in an urgent motion that holding oral arguments when COVID-19 cases are on the rise is "unsafe and impractical." It added that public gatherings are regulated.

It added that holding the event through videoconferencing will still entail a gathering of lawyers and parties, and may be disrupted by an "uneven" quality of internet connections.

In the alternative, the OSG suggested the submission of documents containing all the parties' arguments, including written answers to clarificatory questions that the court may ask.

It said oral arguments are not mandatory.

In addition, the OSG claimed that the petitions are defective because many of them contain factual allegations that could not be tried by the court. The OSG also said the petitions failed to establish an actual case of controversy that would justify the use of the court's power.

Retired justices Antonio Carpio and Conchita Carpio Morales and some of the framers of the 1987 Constitution are among the personalities who have challenged the anti-terrorism law.

They are joined by human rights advocates, lawyers, journalists, labor groups, youth leaders, and several others. At least 29 petitions have been filed, making the new measure one of the most challenged laws in the country. — RSJ, GMA News