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?”
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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