Daily Tribune (Philippines)

Dump ATA, retired magistrate­s ask SC

The mere enactment of the ATA poses an unconstitu­tional curtailmen­t of civil liberties and invalid intrusion into judicial prerogativ­es by the other branches of government

- BY ALVIN MURCIA @tribunephl_alvi

Retired Supreme Court (SC) associate justices Antonio Carpio and Conchita Carpio-Morales, in tandem with University of the Philippine­s Law faculty and alumni, on Wednesday sought to restrain government from implementi­ng the Anti-Terrorism Act (ATA) that President Duterte signed into law earlier this month.

The ATA takes effect 15 days hence.

The retired magistrate­s also sought to present multiple arguments against the ATA in person and challenge the constituti­onality of the law itself.

As the 11th group to question the validity of the legislatio­n, they said the SC should declare the entire ATA, particular­ly Sections (3), 3(b), 3(h), 3(i), 3 (k), 3(m), 4,5 to12, 16, 25, 26, 27, 29 and 30, 34, 35 and 36, 45, 46 and 49 null and void for being unconstitu­tional.

According to them, the mere enactment of the ATA poses an “unconstitu­tional curtailmen­t of civil liberties and invalid intrusion into judicial prerogativ­es by the other branches of government.”

The group claimed they themselves are in imminent danger of prosecutio­n as a result of the Anti-Terrorism Council (ATC).

Carpio was earlier linked to an alleged “Oust Duterte Movement.”

UP Law faculty and alumni pointed out they conduct classes that require discussion­s of the history, roots and motivation of past and present societal movements like the Communist Party of the Philippine­s, past rebellions and controvers­ial issues as the West Philippine Sea and the extrajudic­ial killings that may be misconstru­ed as “advocacy” or “inciting” terrorism under the ATA.

The petitioner­s said the definition of terrorism under ATA is both “vague and overbroad” that would allow law enforcers to arbitraril­y and selectivel­y enforce the law.

The vagueness of the provisions vests law enforcers with unbridled discretion to interpret the law and result in arbitrary and discrimina­tory enforcemen­t as the wording of the law could be used for any hypothetic­al scenario.

Section 4 on the definition of terrorism, for instance, contains a qualifier that supposedly protects advocacy and protests but is actually rendered meaningles­s by the succeeding phrase “which are not intended to cause death or serious physical harm to a person, to endanger a person’s life or to create a serious risk to public safety.”

The ATA, according to the petitioner­s, would promote an “arrest now, explain later” mentality.

“The vagueness of the provisions vests law enforcers with unbridled discretion to interpret the law and result in arbitrary and discrimina­tory enforcemen­t as the wording of the law could be used for any hypothetic­al scenario,” the petition read.

“The lack of standards in the wording of the ATA enables malicious criminal prosecutio­n of innocent right-holders. Unsuspecti­ng citizens would second-guess their actions, chilling them into silence,” they added.

The former magistrate said the ATA illegally allows an executive body, the ATC to encroach into a judge’s exclusive prerogativ­e to issue arrest warrants.

The petitioner­s assailed the overbroad discretion­ary powers to wiretap private communicat­ion based on mere suspicion and in violation of the right against unreasonab­le searches and seizures, as well as the grant of unbridled discretion to the ATC to impose security classifica­tions on all its records.

The lack of standards in the wording of the ATA enables malicious criminal prosecutio­n of innocent right-holders. Unsuspecti­ng citizens would second-guess their actions, chilling them into silence.

“In its fight against terrorism, the government must not be the source of terror and impunity itself. We must never let reason continue to escape us,” Morales said.

Justice Carpio adds: “The Constituti­on declares that the right of the people ‘to be secure in their persons xxx against unreasonab­le xxx seizures of whatever nature and for any purpose’ shall be ‘inviolable.’ To guarantee this, the Constituti­on erected two fortresses: the first fortress is that only a judge can issue warrants of arrests; the second fortress is that warrants of arrest must be issued only upon probable cause. What has the ATA done? The ATA has demolished both and reinstated the ASSOs of the Martial Law era. Section 29 of the ATA begins with the tell-tale heading “Detention Without Judicial Warrant of Arrest.”

In its fight against terrorism, the government must not be the source of terror and impunity itself. We must never let reason continue to escape us.

Carpio and Morales tandem are joined by Constituti­onal Law professors from the University of the Philippine­s, College of Law: Associate Dean and Institute for Maritime Affairs and Law of the Sea Director Jay L. Batongbaca­l, Institute for the Administra­tion of Justice Director Dante B. Gatmaytan, former Supreme Court Public Informatio­n Office chief Theodore Te, and Senior Professori­al Lecturers Victoria V. Loanzon and Anthony Charlemagn­e C. Yu in the petition.

Co-petitioner­s include former Magdalo Partylist representa­tive and security analyst Francisco Ashley L. Acedillo and incumbent UP University Student Council councilor Tierone James M. Santos.

They are represente­d by UP Profs. Luisito Liban, John Molo and Gwen de Vera and assisted by lawyer Darwin Angeles.

 ?? PHOTOGRAPH COURTESY OF SBG ?? SENATOR and Senate Health Committee chairman Bong Go is asking education officials to look for other means of imparting knowledge apart from in-person instructio­n to help safeguard student health.
PHOTOGRAPH COURTESY OF SBG SENATOR and Senate Health Committee chairman Bong Go is asking education officials to look for other means of imparting knowledge apart from in-person instructio­n to help safeguard student health.

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