Pangilinan: Vagueness in anti-terrorism bill make it open to abuse
MANILA, Philippines — Vague provisions in the looming new anti-terrorism law leave it prone to abuse, minority Sen. Francis “Kiko” Pangilinan said Wednesday.
In an interview on ABS-CBN News Channel, Pangilinan said: “Given the authoritarian bent of the current administration... when these excesses are happening, who is to be confident that this law will not be abused or used to go after critics?”
Pangilinan is one of the two — the other, Sen. Risa Hontiveros — who voted no when Senate deliberated on the anti-terrorism bill in February.
The lawmaker cited the case of Sen. Leila De Lima, a staunch critic of President Rodrigo Duterte who has been detained since 2017 on drug-related charges, and ousted Chief Justice Maria Lourdes Sereno, who butted heads with the president on the latter’s drug war.
Pangilinan continued in Filipino: “The 6,000 [deaths in] police encounters in drug war, they were said to have fought arrest. Then one who may be detained for 24 days under the anti-terrorism bill, they may also be accused of fighting back that’s why they would be killed.”
“That is what we are afraid of,” he added.
Lawyers have pointed out that the prolonged detention of a suspected terrorist of up to 24 days is against the Constitution.
Article VII Section 18 of the Constitution provides that even when the writ of habeas corpus is suspended or when martial law is declared, “any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.”
The looming Anti-Terrorism Act of 2020 seeks to repeal the Human Security Act of 2007, the law in place meant to address terrorism in the country.
But Defense Secretary Delfin Lorenzana stated on May 30 that "the Human Security Act of 2007 is no longer responsive to the evolving nature of the threats we face, hence the need for a new law."
Pangilinan however said that the government may look into different approaches into addressing terrorism, which the lawmaker said is “bred by poverty, lack of opportunity.”
READ: Actually, the government acknowledges poverty and injustice fuel conflict
The Department of Justice is conducting a review of the constitutionality of the enrolled anti-terrorism bill that reached the desk of Duterte on Tuesday morning.
Duterte has three options: He signs the bill, which he marked as urgent, into law, veto it, or not act on it and it will lapse into law in 30 days.
The Integrated Bar of the Philippines previously said they will raise the constitutional infirmities of the proposed bill should it become a law. — Kristine Joy Patag
President Rodrigo Duterte signed the Anti-Terrorism Law on July 3 despite opposition from rights groups and civil society groups that it could be used to stifle human rights.
A petition against the law has been filed at the Supreme Court and other groups are preparing pleadings of their own.
Follow this page for updates. Photo courtesy of The STAR/Michael Varcas
National Security Adviser Hermogenes Esperon moves to block access to several websites, including news sites of alternative news orrganizations Bulatlat.com and Pinoyweekly.org.
In his letter to the National Telecommunications Commission, he only says the websites are "affiliated to and are supporting these terrorists and terrorist organizations."
No other basis to back up his allegation was cited in the letter.
Citing the designation of the CPP-NPA-NDF as terrorists, NSA Hermogenes Esperon moves to block access to several sites.
— Kristine Patag (@kristinepatag) June 22, 2022
In Esperon's letter to the NTC, he included news sites @bulatlat and @pinoyweekly; sites of other progressive groups RMP and Save our Schools. @PhilstarNews pic.twitter.com/nAzMITJFsS
The Commission on Human Rights says it "partly welcomes" the Supreme Court decision that some parts of the controversial Anti-terrorism Law are unconstitutional.
CHR spokesperson Jacqueline de Guia says the commission remains hopeful that the remaining contentious provisions of the law will be clarified by the high cour in the full text of the decision.
"At the same time, our commitment remains in guarding against possible human rights violations arising from the implementation of the anti-terror law. We steadfastly remind the government that countering terrorism and protecting human rights are not competing values but are, in fact, mutual and complementary," De Guia says in a statement.
The Supreme Court has deliberated and voted on the controversial Anti-Terrorism Act but the decision will be released "at the soonest time possible."
"However, considering that there were numerous issues resolved in the case, as well as the fact that each Justice had to vote on each issue, there is a need to accurately confirm and tally the vote of each Justice in order to ensure the correct resolution of the Court per issue," SC spokesperson Brian Hosaka says.
The Anti-Terrorism Council designates the National Democratic Front of the Philippines, the panel that negotiates for communist rebels during peace talks a terrorist organization.
Previous designation of the Communist Party of the Philippines and New People's Army led to the designation of supposed members of the CPP's Central Committee. Among those designated as terorrists were peace consultants.
Designation gives the Anti-Terrorism Council the authority to investigate and freeze the accounts of designated persons.
The Anti-Terrorism Council has designated 29 people, including alleged members of the Communist Party of the Philippines-New People's Army, as terrorists in two resolutions.
Designation allows the Anti-Money Laundering Council to freeze the assets of those on the list.
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