SK officials, youth community leaders join legal fight vs anti-terrorism law
MANILA, Philippines — Sangguniang Kabataan officers and youth community leaders from Luzon and Visayas appealed to the Supreme Court to strike down the anti-terrorism law as null for infringing on their freedoms.
In a 105-page petition, 20 youth leaders filed the 29th legal challenge against the divisive, much-feared Republic Act 11479 or the Anti-Terrorism Act of 2020 (ATA). The petition was filed with the assistance of the National Union of Peoples’ Lawyers-National Capital Region.
RELATED: Citing 'terrorist-tagging', Muslim petitioners file latest legal challenge vs anti-terrorism law
“This most recent enactment of Congress single-handedly infringes on what many modern democracies consider as basic and essential rights,” the petitioners said.
They urged the SC to restrain the government from implementing the ATA and declare the entirety of law as null and void.
“The enforcement of RA 11479 necessarily involves a direct and unequivocal violation of constitutional safeguards. So long as it is in effect, this law maintains an atmosphere of fear—the proverbial ‘chilling effect’—that deters the free and full exercise of fundamental rights,” the youth leaders said.
“Thus, the law poses a danger not just for collective and individual rights, but for democracy as a whole,” they added.
RELATED: Cheat sheet on the looming legal battle on the anti-terrorism law
IRR cannot remedy the defect of the law
Like previously filed petitions, this latest legal challenge fired against ATA attacked its sections that are vague and overbroad, such as the penal provision defining terrorism and the acts that fall under it. The petitioners pointed out that all other provisions for related offenses hinged on this section.
Even its non-penal provisions “either grant powers to the [Anti-Terrorism Council], the police and the military personnel or lay down their functions in the enforcement of RA 11479 hinge on the validity of Section 4’s definition of terrorism,” they said.
The petitioners said the Implementing Rules of Regulation—currently being crafted by the Department of Justice’s legal team—must not be used to “correct” the law.
“Implementing rules and regulations cannot remedy this defect because the core provision of RA 11479 is, in and of itself, impossibly and irremediably vague,” they said.
“Trying to ‘correct’ the glaring and inherent defect in the assailed law through its implementing rules must be avoided because of the dangers accompanying such a proposition, not the least of which is the unwarranted discretion being given to the law-enforcer when he is asked to set the rules for the implementation of a vague law,” they said.
“By crafting the implementing rules, the executive branch would, in effect, be determining the parameters of RA 11479 and the limits of its own power,” it added.
The petitioners stressed that with the new anti-terrorism law, the Philippines would be taking a huge step “into the bowels of tyranny.”
“For when we, as a nation, accept the idea that all means—moral or immoral, constitutional or unconstitutional—are acceptable if only to defeat a fearful enemy, there would be little left to distinguish us from the very evil we feared,” they added.
SC justices set the petitions related to the anti-terrorism law for oral arguments next month. It will be held at the earliest, on the third week of September.
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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