SEVERAL groups of journalists, lawyers, human rights defenders, activists and law professors filed the 27th petition against the anti-terror law on Monday, August 10, as they asked the Supreme Court to declare it unconstitutional.
The petitioners led by the International Law (CenterLaw) also sought the issuance of a temporary restraining order (TRO) to immediately enjoin the implementation of law which took effect last July 18.
The petition was joined by the Foundation for Media Alternatives (FMA), Inc., Democract.net.ph, Inc., VERA Files, Inc., and individuals such as journalist Ellen Tordesillas, lawyer Romel Regalado Bagares and law professors from the Lyceum of the Philippines led by its dean, M. Soledad Deriquito-Mawis.
In its 124-page petition for certiorari, the petitioners argued that many of the main provisions of the law are contrary to the provisions of the 1987 Constitution, particularly those that guarantee freedom of speech, the right of the people to peaceably assemble and petition the government for redress of grievances, and the right to freedom of association.
The petitioners pointed out that the acts punishable under the law were “incomprehensible and overbroad.”
They claimed that the “haphazard” enactment of the law during the Covid-19 pandemic unmasked the hidden agenda of the president administration which is to “weaponize the law to suppress fundamental freedoms.”
In particular, the petitioners said eight out of nine provisions of the anti-terrorism law, Sections 4 to 10 and 12 are “repugnant to the Constitution for transgressing fundamental rights.
The vagueness of the acts , objects or documents that defines terrorism, according to the petitioners, will have a “chilling effect” on the people.
“Never has intent alone been a level of culpability by penal statues because our laws gave always required overt illegal acts to be the standard when it comes to punishment,” the petitioners said.
Furthermore, the petitioners argued that the power given to the Anti-Terrorism Council under the law encroaches judicial and quasi-judicial functions considering that its members are officials of the Executive Branch.
The petitioners noted that it gives the ATC “unbounded power and discretion to the police and the military in ascertaining and declaring what constitute acts of terrorism,” and order the arrest of mere suspects who may be detained for 24 days without bringing charges against them in court, in contravention of the due process clause in the Constitution.
“This is open to abuse on the ground considering the lack of training of law enforcers and military personnel,” the petitioners said.
Earlier, Justice Secretary Menardo Guevarra advised law enforcement agencies to wait for the Implementing Rules and Regulations (IRR) of the law especially if there are no imminent threats.
The DOJ has 90 days from the time the law took effect to come up with its IRR.
Image credits: Aerous