SEVERAL groups and individuals, some of them have been tagged as “communist-terrorists,” have filed the 10th petition before the Supreme Court (SC) seeking to scrap Republic Act 11479 or the anti-terror law for being unconstitutional.
The petitioners led by cause-oriented groups Bayan, The Movement Against Tyranny and Karapatan filed the online petition on Sunday or a day after the law took effect.
They said they decided to file the petition since they have been at the receiving end of “systematic harassment and vicious government retagging.”
In its petition, the petitioners also asked the court to issue a temporary restraining order (TRO) to enjoin the Anti-Terror Council from convening to draft the implementing rules and regulations (IRR) of the law.
“With the terror law already deemed effective, the petitioners are asking the High Court to stop the convening of the Anti-Terror Council and the exercise of its functions, to stop the drafting of the IRR and the convening of the Joint Oversight Committee under Section 50 of the assailed law. The petitioners are asking the SC to strike down the entire law for being unconstitutional,” they said.
The ATC, under the law, is authorized to order the arrest of suspected terrorists and unilaterally designate persons as terrorists
The National Union of Peoples’ Lawyers, which represents the petitioners, said the controversial law poses “a chilling effect” on every person and deters people from freely exercising their constitutionally guaranteed freedoms of speech, expression, assembly and association.
“Red-tagging, harassment, and killings of trade unionists continues. Intervention by State security forces in union meetings and affairs, threats and profiling of members—including of a national alliance of teachers—have been reported,” petitioners said.
“The International Labour Organization Committee on Freedom of Association has also raised concerns about ‘blanket linkages of trade unions to an insurgency’ placing unionists in situations of extreme security,” they said.
The petitioners, like the other nine groups of petitioners before them, argued that the law violates several provisions of the Constitution such as the due process clause because of the extremely vague definition of “terrorism” (Section 4, Terrorism); the free speech clause (Sections 4 and 9, Inciting to Commit Terrorism); the constitutional right to due process, right to property, and freedom of association, and for usurping judicial prerogatives (Section 25, Designation of Terrorist Individual, Groups of Persons, Organizations or Associations); the due process clause and encroaches upon protected freedoms (Sections 26, Proscription of Terrorist Organizations, Association, or Group of Persons and 27, Preliminary Order of Proscription); the constitutional protection against warrantless arrests and detention without charges (Section 29, Detention Without Judicial Warrant of Arrest); and the constitutionally protected right to bail and right to travel (Section 34, Restriction on the Right to Travel).
Petitioners, in this case, include Bayan Secretary-General Renato Reyes Jr., activist nun Sister Mary John Mananzan, former UP President Francisco Nemenzo, former UP Diliman Chancellor Michael Tan, Karapatan Secretary-General Cristina Palabay, former NCCA Chairman Felipe de Leon, former DSWD Secretary Judy Taguiwalo, human- rights defender Edita Burgos, civil libertarian Renato Constantino Jr., former NAPC Undersecretary Corazon Jimenez-Tan, former DSWD Undersecretary Malou Turalde-Jarabe, playwright Bonifacio Ilagan, Bishop Deogracias Iñiguez, former Bayan Muna Representative Teddy Casino, artist Mae Paner, journalist Vergel Santos, Prof. Temario Rivera, Francisco Alcuaz, Fr. Freddy Dulay, and veteran activist Nanay Mameng, among others.
Representatives from Kilusang Mayo Uno, Kilusang Magbubukid ng Pilipinas, Health Alliance for Democracy, Pamalakaya, Anakbayan, League of Filipino Students, Salinlahi, COURAGE, and Piston also joined the petition.
Named respondents in the petition are Duterte, Executive Secretary Salvador Medialdea, Senate President Vicente Sotto III, and House of Representatives Speaker Alan Cayetano.
The physical filing of the petition is set on Thursday as the Supreme Court is closed for disinfection from Monday to Wednesday.