Ka Leody: Anti-terror law still places activists, unionists at risk

The implementation of the Anti-Terror Law will continue to endanger activists and unionists even after the Supreme Court struck down as unconstitutional two of its provisions, labor leader and presidential aspirant Leody De Guzman said on Thursday.

De Guzman underscored that the controversial law will put the lives of the activists at risk.

“Maghahasik ng lagim ang batas na ito sa mamamayang nagsasapraktika sa mga karapatan sa lehitimong protesta upang ipagtanggol ang kanilang sarili sa pang-aabuso ng iilan,” the labor leader said in a statement.

(This law will bring terror among the people who exercise their rights in legitimate protest to defend themselves from the abuse of some people.)

“Isasapeligro nito ang mga aktibista’t unyonista, hindi lang para tumahimik ang mga kritiko ng gobyerno kundi upang manaig ang interes ng mga nang-aapi sa taumbayan,” he added.

(The law will put the lives of the activists and unionists at risk, not only to silence the critics of the government but also to prevail over the interests of the oppressors of the people.)

During its en banc session on Tuesday, the high tribunal voted as unconstitutional a qualifier in Section 4 and the second paragraph of Section 25 of Republic Act 11479.

Section 4 of the law states that terrorism shall not include advocacy, protest, dissent, stoppage of work, industrial or mass action, and other similar exercises of civil and political rights.

However, there is a qualifier stating dissent is not considered terrorism, provided that it is not intended to cause death or serious physical harm to a person, to endanger a person's life, or to create a serious risk to public safety.

Voting 12-3, the SC voided the phrase, "...which are not intended to cause death or serious physical harm to a person, to endanger a person's life, or to create a serious risk to public safety," found in Section 4e for being "overboard and violative of freedom of expression."

Meanwhile, Section 25 sates that the Anti-Terrorism Council will automatically adopt the United Nations Security Council Consolidated List of designated individuals or groups designated as a terrorist, one who finances terrorism, or a terrorist organization.

Paragraph 2 of this section states that a request for designation by other jurisdictions of supranational jurisdictions may be adopted by the ATC after a determination that the proposed designee meets the criteria for designation of UNSCR.

This method was declared unconstitutional by the high court with a vote of 9-6.

With the decision of the justices, De Guzman said their loyalty remained with the administration who appointed them and not for the Filipino people.

“Sa naganap na desisyon, hindi tumindig ang  Korte Suprema bilang saray ng gobyerno na hiwalay at kapantay ng Malakanyang,” he said.

(Based on the decision, the Supreme Court did not stand as separate from the government and equal to Malacañang.)

“Habang walang judicial reforms, mamanatiling ang loyalty ng huwes ay nasa pangulong nag-appoint sa kanila, wala sa sambayanang Pilipino,” he added.

(While there are no judicial reforms, the loyalty of the judges will remain with the president who appointed them, not with the Filipino people.) -NB, GMA News