SC consolidates Anti-Terror Act petitions
The Supreme Court (SC) yesterday announced that it would consolidate all the eight petitions questioning the constitutionality of the AntiTerrorism Act of 2020.
SC spokesman Brian Keith Hosaka said the four latest petitions involving Republic Act 11479 or the Anti-Terrorism Act of 2020 “have also been consolidated together with the four earlier petitions consolidated last week.”
The SC decided to merge the four new petitions filed by former Office of the Government Corporate Counsel chief Rudolph Philip Jurado; the Center for Trade Union and Human Rights (CTUHR); Christian Monsod and Felicitas Arroyo, two framers of the 1987 Constitution, with the Ateneo Human Rights Center; and Sanlakas with the first four petitions.
The first four petitions were filed by civil leaders and lawyers led by Howard Calleja and former Department of Education (DepEd) secretary Bro. Armin Luistro, Albay Rep. Edcel Lagman, the group of Far Eastern University (FEU) College of Law Dean Melencio Sta. Maria Jr. and FEU law professors and the Makabayan bloc of the House of Representatives.
Last July 7, the SC ordered the consolidation of the first four petitions.
President Duterte was named respondents in three of the petitions – those filed by the Makabayan bloc, CTUHR and Sanlakas.
Aside from Duterte, named respondents in all or some of the eight petitions filed were Anti-Terrorism Council (ATC) chairman Executive Secretary Salvador Medialdea and its members, namely National Security Adviser Hermogenes Esperon Jr., Foreign Affairs Secretary Teodoro Locsin Jr., Defense Secretary Delfin Lorenzana, Interior Secretary Eduardo Año, Finance Secretary Carlos Dominguez III, Justice Secretary Menardo Guevarra, Information and Communications Secretary Gregorio Honasan II, AntiMoney Laundering Council executive director Mel Georgie Racela, Armed Forces of the Philippines chief of staff Gen. Felimon Santos Jr., Philippine National Police chief Gen. Archie Gamboa, the Senate of the Philippines and the House of Representatives.
The SC had given the respondents in the four latest petitions 10 days to file their comments to the Court.
Many of the petitioners raised the legality of the antiterrorism law and the 14-day period of detention that can be extended to 10 more days. It reportedly goes beyond the three-day detention allowed in the Constitution.
In his petition, Jurado said the anti-terrorism law was unconstitutional because it gives the ATC the authority to waive the right of the detainee, while Sanlakas raised fears that their mass actions and protests would be misunderstood as acts of terrorism under the new law.
Duterte assures Muslims
President Duterte has assured Muslims that he is not out to kill them in the wake of fears that the controversial anti-terrorism law would be used against them.
Some sectors are worried that the law may be used to target critics of the administration, suppress liberties and discriminate against Muslims.
Duterte did not mention the law in his address before soldiers and Sulu Gov. Sakur Tan in Jolo last Monday. The President, however, described as nonsense claims that he is after Moros.
“Wala akong agenda na patayin ang mga Moro. Wala... katarantaduhan ’yan (I have no agenda to kill Moros. That’s nonsense),” Duterte said.
“And I say you cannot do it, and why should you do it? I’m glad you are here listening,” he added, referring to Tan.
Among the new law’s provisions questioned are those that permit the pretrial detention of suspected terrorists; enumerate acts of terrorism; punish persons who threaten to commit acts of terrorism and incite others to commit terrorism through speeches, writings, proclamations, banners or other representations.
The latest petition was filed by multi-sectoral alliance Sanlakas, which stated that the “subjective features” of terrorism would depend on the perceptions of law enforcers or soldiers.
Some lawmakers from Mindanao have also expressed concern over the bill, saying it would make Muslims and Lumads vulnerable to terrorist-tagging.