26th petition filed vs anti-terror law
PETITIONS questioning the constitutionality of Republic Act( RA) 11479 or the “Anti-Terrorism Act of 2020” continue to pile up as another petition was filed on Friday by Indigenous Peoples’ (IPs) groups on Friday before the Supreme Court.
The 26th petition asked the high court to declare the anti-terror law null and void for violating the constitutional provision on one’s right to self-determination.
Petitioners were the IP alliance Katribu; Samira Gutoc, chairman of AkoBakwit; Amirah Ali Lidasan of the Moro- Christian Peoples Alliance; Abdul Hamidullah Atar, the sultan of Marawi; Lorena Bay-ao, a Lumad leader; Nora Sukal, leader of the B’laan Indigenous community; Jumoring Bandilan Guaynon, a Lumad tribal chieftain; Jeany Rose Hayahay, a Lumad community volunteer teacher; Teresa de la Cruz; Drieza Lininding, chairman of the Moro Consensus Group; Tolentino, coordinator and spokesman of Bai Indigenous Women’s Network in the Philippines; Chad Errol Booc, a volunteer teacher; and Judith Pamela Pasimio, coordinator of Lilak/ Purple Action for Indigenous Women’s Rights Inc.
They challenged“vague” provisions in the law, including the definition of terrorism; acts constituting terrorism; imposition of punishment without due process of law; surveillance that violates the right against unreasonable searches and seizures; arrests of persons merely on suspicion; and extended custodial detention without filing charges, among others.
The petition also cited a petition by the justice department asking the Supreme Court to judicially declare the Communist Party of the Philippines and the New People’s Army as terrorists, including advocates for IPs.
It stressed that the right to self-determination, which is supported by the Constitution, authorizes the right to criticize and oppose “development aggression and the policy of militarization that comes with it.”
They added the law could increase the instances in which indigenous people would be tagged as communist rebels or supporters.
They also argued that the antiterrorism law will place Moro people in “grave insecurity,” claiming that Muslims have long been wrongly generalized as terrorists.
“The labels ‘terrorist’ and ‘insurgents’ have become the catch-all pretext to legitimize attacks on them,” the petitioners said of Indigenous and Moro peoples.
“Far from a law that protects, RA 11479 legitimizes the structural violence already perpetuated against them and is repugnant to constitutional values,” they said.
The law was signed by President Rodrigo Duterte on July 3, and took effect on July 19.
The 25th petition against the law was filed on Thursday by the Concerned Lawyers for Civil Liberties, led by former vice president Jejomar Binay. Petitioners include former senator Rene Saguisag and ex-University of the Philippines Law dean Pacifico Agabin.
On July 23, a group of church leaders, led by Manila Auxiliary Bishop Broderick Pabillo, also filed a petition, which called on the high court to strike down the law in its entirety.