UP law expert sees no need for Human Security Act amendments

No new laws were needed to enable security forces to counter terrorists and communist insurgents who commit crimes, a law professor said Monday.

“Marami na tayong batas, pero ang ngipin nun, nakasalalay sa execution, sa mga nag-iimplement ng batas,” UP College of Law Associate Professor Rowena Daroy Morales said on Super Radyo DZBB.

However, Morales said that these laws required more than mere hunches or suspicions.

“'Yung sa wiretapping, puwede 'yan, basta may court order. Pero para mag-issue ang court ng court order for that, dapat may maipakita kang ebidensya for probable cause; na may probability na ma-commit ang crime, na may probability na 'yung taong winawire-tap ay magko-commit ng crime,” she explained

“[Kung ikaw ang nag-aakusa,] dapat alam na alam [mo na kung ano ang inaakusa mo]. Hindi 'yung sasabihin mo lang na parang, mukha oh, suspetsa ko oh.”

Likewise, Morales clarified that student protesting government policies and calling for the leaders' ouster was not a crime but a constitutional right to freedom of speech.

“Meron kasi tayong inciting to sedition. Pero kung sigaw sigaw [na], 'Ibagsak, ibagsak,' salita lang 'yun. Kung hindi naman gumalaw 'yung pinababagsak, hanggang dun lang 'yun,” Morales pointed out.

Article 3, Section 4 of the Philippine Constitution says that “No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.”

Police and military commanders have called for amendments to the Human Security Act of 2007 which would allow for 90-day long wiretaps, and 30 to 60 warrantless detentions.

Security forces were also looking to revive an anti-subversion law which would outlaw organizations with communist leanings. — DVM, GMA News