Majority senators passed the anti-terror bill on third and final reading Wednesday amid apprehensions aired by minority Sens. Francis Pangilinan and Risa Hontiveros who voted against the measure, airing public apprehensions over potential human-rights violations.
Fielding questions at the Senate Kapihan forum on Thursday, Sen. Panfilo Lacson said he was “satisfied with the approved version that was enhanced” during the plenary interpellations and amendments, which, he said, took them two to three weeks of continuous interpellations pati amendments.
“We started the period of interpellations last December 19. Nagkaroon ng December break, but when we came back, dire-diretso ’yan, walang patid, walang gap, walang lull diretso sa period of amendments until its approval on second and third reading,” Lacson recalled.
Asked to comment on the negative votes cast by opposition Senators Pangilinan and Hontiveros due to concerns on human- rights violations, Lacson took it as part of “the essence of democracy in a deliberative body.
“At the end of the day, after the discussions and debates, magkakaroon ng botohan. And of course we respect, I know for sure where they are coming from, especially Senator Risa, and she approached me yesterday to air her sentiments na hindi naman talaga siya totally against the passage of the measure, but ang mga concerns niya regarding some provisions na pinag-usapan nang masinsinan.”
Lacson conceded they cannot satisfy everybody. “Hindi mo naman talaga masa-satisfy lahat. Especially a measure like this na contentious talagang may hindi sasang-ayon. So we understand their position.”
Reacting to Pangilinan’s point that the bill allows surveillance, and compel telcos to divulge calls/messages and arrest people without warrants, and detain up to 14 days, Lacson replied: “Yes pero lahat naman may legal procedures na susundin. Hindi naman pwedeng basta mag-conduct ng electronic surveillance, or whatever kind of surveillance kung ’di ka kukuha ng permiso sa korte.”
In fact, Lacson noted that at the intervention of Minority Leader Franklin M. Drilon, it is not only the Regional Trial Court (RTC), “we also elevated it to the Court of Appeals in getting ‘judicial authorization to conduct surveillance.’”
“Pati ang proscription under the current law, Republic Act 9732, ang Human Security Act, RTC lamang ang magpo-proscribe. Pero in this proposed measure, inelevate din ’yan sa Court of Appeals, the reason being baka kasi sa dami ng RTCs—and I agreed with Senator Drilon—na baka ma-abuso naman ang pag-i-issue ng order of proscription,” added Lacson.
He said: “Remember, may feature dito na hindi lang proscription per se but nagkaroon ng preliminary order of proscription, parang TRO [temporary restraining order] ito, within a certain period of time, pwedeng ang mga member na nakalista after due process is observed, pwedeng arestuhin at ikulong temporarily within a reglementary period of 14 calendar days. Pero limited ang period na sa 20 days na kailangan either i-lift ang preliminary order of proscription or gawing permanent.”
Lacson assured they made sure that all the safeguards were included in the remedial legislation.
The senator noted that the bill, likewise, provides that the Commission on Human Rights be informed. “Inform ang CHR. At ang visitation rights naroon. Walang limit ang pagdalaw ng abogado at babasahan din siya ng kanyang rights under the Constitution, to remain silent, and so forth. So naroon lahat na safeguards.”
“Why did we decide to increase the reglementary period from the regular 36 hours to 14 working days? It is because hindi ordinary crime against persons or property but crime ito against humanity. At ang impact nito sa destruction ng lives and property masyadong massive and masyadong indiscriminate,” Lacson explained, adding: “And we’re just trying to be at par with other countries especially neighboring countries natin. Singapore ang reglementary period 732 days. Tapos pwede pa mag-extend indefinitely. Ang ibang countries like Malaysia, tayo ang isa sa pinakamababa, 14 days reglementary period para mag-detain without warrant.”
Moreover, Lacson confirmed that the bill removed the P500,000 compensation for those wrongfully detained. “Tama ’yan. ’Yan ang dahilan ang pulis, NBI [National Bureau of Investigation] and even the AFP [Armed Forces of the Philippines] are hesitant to file charges using the Human Security Act [HSA] kasi takot sila pagka na-dismiss ang kaso pamultahin sila ng P500,000 per day of detention.”
He recalled that even in the Marawi siege, ‘hindi sila nag-file ng cases in violation of the HSA. Ang ginawa na lang nila, mga murder and multiple murder cases ang file nila. Kasi natatakot sila pag na-dismiss ang kaso multahin sila ng P500,000 a day. Kaya naging virtual dead letter law ang RA 9732, hindi mai-apply. And since 2007 when the HSA was enacted into law, isa lang ang naging conviction. At saka ang proscription ng ASG, it took the court 11 years bago nakapag-proscribe ng ASG. Alam natin how dreaded the ASG is. So ’yan ang mga weakness ng batas that brought us to the conclusion na dead letter law, parang hindi ma-implement ang batas so sayang. And naiwanan tayo ng ibang countries, European, Western countries at saka ating neighboring countries dito. Ang iniiwasan natin is to make the Philippines a safe haven for terrorists kasi napakagaan ng ating batas, napakahina.”
Clarifying provisions to prevent abuse, Lacson confirmed that these were even “enhanced.”
“Meron ding provisions doon pero in-enhance pa namin dito. Dinagdagan namin ang penalty for law enforcers na mag-aabuso. Increase ito hanggang 10 years. Hindi ganoon kadali magkaroon ng abuso. Of course, other pertinent laws like Anti-Torture Act, mag-a-apply ’yan pero simple violations, if passed into law ang Anti-Terrorism Act of 2020, in-enhance pa namin. Mas nadagdagan pa. Basta enhance namin ang penalties to be imposed on law-enforcement officers na nag-a-abuse.”
Lacson added: “I think that should be enough. Other pertinent laws kung pinatay mo ang suspect, murder ang kaso. Kung torture mo, magba-violate ka ng anti-torture law. So naroon pa rin ’yan pero ang ibang violations like not complying with the provision of informing the nearest judge or informing CHR, tinaasan namin ang parusa. Pati ang infidelity in the custody of detention prisoners.”
On safeguards for organizations wrongfully accused of being terror group like National Union of Journalists of the Philippines, the senator asssured this was also addressed. “May due process ’yan, ’di ganyan kadali na nag-petition ang gobyerno o Department of Justice para ma-proscribe ang isang organization as a terrorist organization hindi ganoon kadali. It will undergo due process. Lahat na safeguards nariyan. At saka even if a terrorist organization is proscribed hindi rin madali na member ka ng NUJP automatically arestuhin ka. No. May due process sa individual members. At I don’t think NUJP will be tagged as a terrorist organization.”