MANILA, Philippines — A group of professors, school administrators, teachers, and teacher-unionists on Tuesday filed the 31st legal challenge to the controversial Anti-Terrorism Act of 2020.
Through a 77-page petition, the 72 individuals asked the Supreme Court to issue a temporary restraining order against Republic Act 11479, to prevent its implementation, and to declare it as unconstitutional.
The petitioners argue that the much-feared anti-terrorism law violates citizens' constitutional rights to due process, freedom of speech and expression, academic freedom, and privacy.
They also argue that the law is unconstitutional because it allows "arrest without judicial warrant and detention without charges exceeding the allowable period under the constitution" and "enroaches on judicial power."
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The petition named President Rodrigo Duterte, Executive Secretary Salvador Medialdea, Senate President Vicente Sotto III, and House Speaker Alan Cayetano as respondents.
"Petitioners respectfully submit that the respondents committed grave abuse of discretion amounting to lack or in excess of jurisdiction when they enacted Republic Act No. 11479 which violates the provisions of the 1987 Constitution, and there is no appeal, or any plain, speedy and adequate remedy in the ordinary course of law," the petition reads.
Although laws start from bills filed in and approved by Congress, they need the president's signature — or his inaction for 30 days from receipt — to become enacted.
Teachers' group warns against further profiling, abuse vs its members
Several members of the Alliance of Concerned Teachers, including its Secretary-General Raymond Basilio, joined the petition and released a statement on Monday night to further make their case.
"The petitioners argue that the assailed law poses grave threats to academic freedom and academicians’ right to freely express and exchange ideas, opinions, and analyses on various platforms," the statement reads.
"The petition likewise cites the experience of [ACT] on massive rights violation in the 2019 profiling of [its] members nationwide and the onslaught of slander campaign believed to be led by state forces," the group added.
Annexed within the petition are several alleged instances of harrassment and profiling incidents committed against members of ACT.
"Finally, education worker-petitioners allege the law will result in worse attacks, as was the case in the brutal murder of ACT Bacolod City Coordinator Zara Alvarez after years of harassment, terrorist-tagging, and even wrongful incarceration," the group said.
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"The eagerness to end terrorism should never be used to curtail basic freedoms and rights guaranteed by the Constitution," the 72 petitioners urged.
"For a war on terrorism that disrespects and disregards the rights of the people is not a war on terrorism. It is a war against the people."
Oral arguments for the petitions related to the anti-terrorism law are set for this month. They will be held on the third week of September at the earliest.
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