SC swamped with anti-ATL petitions
PETITIONS questioning the legality and constitutionality of RA 11479 or the ‘Anti-Terrorism Act of 2020’ continue to pile up at the Supreme Court with the number now reaching 36.
Based on the SC Judicial Records Office, the court has officially docketed 35 petitions and one undocketed petition.
RA 11479 was signed into law by Pres. Duterte last July 3, 2020 and its implementing rules (IRR), was released by the Department of Justice last October 16, 2020.
A rundown of the petitioners’ names showed they include front organizations of the Communist Party of the Philippines (CPP) such as the Makabayan Bloc in Congress, Gabriela, the Bagong Alyansang Makabayan and the National Union of Journalists of the Philippines, a dubious national media organization.
The proposal to revamp the country’s law on terrorism has been gathering cobwebs since the 16TH Congress due to the successful campaign by the communist bloc in Congress and their similar organizations in the civil society to block past attempts by the government and other democratic forces to enact a more relevant and effective ATL (anti-terrorism law).
RA 11479 effectively replaced RA 9372 or the Human Security Act of 2007.
Its aims are to prevent, prohibit and penalize terrorism in the Philippines, which remains as among the countries persistently troubled by various acts of terrorisms perpetrated by the New People’s Army (NPA), the armed wing of the CPP and, by various Muslim terrorist groups.
Learning from the deficiencies of RA 9372, the new law now criminalizes incitement to engage in terrorism “by means of speeches, proclamations, writings, emblems, banners, or other representations.”
It also allows the detention of suspects for up to 24 days without charge and empowers an anti-terrorism council to designate suspects or groups as suspected terrorists who could be subjected to arrests and surveillance.
Last August, while the IRR for RA 11479 is being prepared, two terrorist bombs that exploded in Jolo, Sulu, resulted to the death of 14 people, many of them soldiers, and the wounding of more than 70 more.
The government has repeatedly stressed that the law has sufficient guidelines to prevent its abuse by law enforcement agencies and that only those in sympathy with —or members of— known terrorist groups such as the CPP-NPA, have reason to fear the law.
