'Affected' parties may question anti-terror bill's constitutionality if it becomes law –chief justice

Parties "affected" by the anti-terror bill can question its constitutionality if the proposed measure becomes law, Chief Justice Diosdado Peralta said Thursday.

"If it will become a law, then anybody can, if he is affected then they can question the constitutionality of the law," Peralta said at his first online press briefing when asked about the controversial bill now up for President Rodrigo Duterte's signature.

He said the Supreme Court's (SC) action on such a case will depend on their deliberations and on the issues raised by whoever will file a petition.

The chief justice said there may be instances in which only certain provisions of a law are challenged and others in which the whole law is sought to be declared unconstitutional.

"So it will depend on the allegations and the issues that will be raised," Peralta said.

The comment of Solicitor General Jose Calida will also be a factor, he said, explaining that the court may conduct oral arguments if there are factual issues involved.

"But if the issues are merely, purely constitutional, there's no need to determine the factual issues, then probably we just submit the case for decision based on the responses and pleadings of the parties," he said.

Duterte’s spokesperson, Harry Roque, also said the critics may appeal before the SC once the anti-terror bill becomes a law.

“Kapag ‘yan ay naisabatas ay pupuwede rin naman sila mag-demanda dahil gumagana naman ang ating mga hukuman,” Roque said in a televised briefing.

“Kung meron talagang probisyon na labag sa Saligang Batas, made-deklara naman po ‘yan na unconstitutional. Hindi po ‘yan imposibleng mangyari.”

The anti-terrorism bill, which seeks to replace the Human Security Act, the country's existing law against terrorism, is being reviewed by Malacanang after it was passed by Congress amid concerns on some of its provisions.

Critics have said that the proposed law may empower the government to go after legitimate dissent. They have also warned against the up-to 24-day warrantless detention period for suspected terrorists, and the alleged authority of the Anti-Terrorism Council, a body created under the law, to authorize in writing the arrest of terrorism suspects.

Senator Panfilo Lacson, who authored the bill, has refuted the latter concern.

"IBP: If the ATC designates you as a terrorist or terrorist organization, based on probable cause, that is a signal and excuse now for law enforcers to arrest,..xxx NO SIR! It is ONLY to request the Anti-Money Laundering Council to freeze the accounts and the Court of Appeals to issue an order to wiretap, NOT arrest," Lacson said on Twitter.

Roque has said the "public interest" in the bill will make Duterte review it more closely.

Duterte has the option to sign it into law, veto it, or not do anything for 30 days and just allow it to automatically lapse into law.

Former SC senior associate justice Antonio Carpio earlier said the bill, once it is law, may be questioned right away because it "punishes speech -- inciting to commit terrorism." --with Virgil Lopez and Tina Panganiban-Perez/KBK, GMA News