Anti-terror bills ‘unconstitutional’

The government’s plan to immediately enact an anti-terrorism law hit a snag yesterday when the Commission on Human Rights (CHR) and human rights groups warned the Senate that its four pending bills were "unconstitutional" and would violate basic human rights.

The bills, authored by Senators Robert Barbers, Panfilo Lacson, Ramon Magsaysay, Noli de Castro and Sergio Osmeña III, came under fire from Commissioner Dominador Calamba III of the CHR and Ma. Socorro Diokno, secretary general of the Free Legal Assistance Group (FLAG), during the second public hearing conducted by three committees task to draft the country’s first ever anti-terrorism laws.

Calamba cautioned the senators that certain provision of the anti-terrorism measure would trample on the people’s rights on due process and privacy "unless safeguards are installed."

He explained that suspending fundamental rights of the individuals on privacy and due process could be implemented only when a "state of emergency" has been declared in the country by the President.

The most stinging remarks came from Diokno, daughter for the late Sen. Jose Diokno, who said that all four bills were "unconstitutional" because of vague provisions which can be "abused by law enforcers."

The Philippine Constitution, Diokno said, disallows "vague" provisions in any law.

She cited, in particular, provisions in the anti-terrorism bills that would allow warrantless arrests, allow law enforcers to open private bank accounts, suspend certain provisions of the anti-wire tapping law and imposition of the death penalty on terrorists.

"All the bills are unconstitutional for being void and ambiguous and for violating basic human rights," Diokno lamented as she chided the proponents of the bills for "moving backward instead of moving forward in the enactment of laws."

The proposed bills, if enacted into law, could result to massive human rights abuses by law enforcers under the guise of combating terrorism, Diokno said, nothing that Philippine law enforcement agencies are more known for corruption rather than efficiency.

"These bills are very, very frightening," Diokno said, noting that some of its provisions can be abused by corrupt law enforcers to "blackmail, extort or even kidnap ordinary citizens."

Sonny Melencio of the Bukluran Mangagawa ng Pilipinas and Rasti Delizo of Sanlakas also presented separate position papers supporting the concerns of Calamba and Diokno.

Although taken aback by the criticisms, Barbers, who presided over the hearing, said the Senate would consider all observations and opinions presented on the measures.

Also in the same hearing, National Security Adviser Roilo Gomez warned that the Philippines was the only country in the Association of Southeast Asian Nations that does not have "strong" anti-terrorism laws.