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Metro Manila (CNN Philippines, October 28) – A group of legal experts led by retired Deputy Judge Antonio Carpio is urging the Supreme Court to halt enforcement of the Anti-Terrorism Law, saying its implementing rules and regulations clearly show how “unconstitutional” it is.
Carpio, along with former Ombudsman Conchita Carpio-Morales, former Supreme Court spokesman Theodore Te, and some law professors, presented one of 37 petitions seeking to scrap the anti-terrorism law.
The petitioners asked the Supreme Court to stop the implementation of the controversial law, but there has been no sentence in the last three months. Supreme Court Chief Justice Diosdado Peralta said the petitions were simply “too many,” prompting the delay.
In a 12-page motion filed Wednesday, Carpio’s group said there was “extreme urgency” to grant the request for a temporary restraining order or a standstill order, following the recent enactment of the TIR.
“[T]The issuance of the ATA IRR demonstrates the determination of the Government to fully implement a law that is unconstitutional due to its terrible ramifications for the fundamental constitutional rights not only of the petitioners but also of the people themselves, ”the motion said.
The group cited Rule 4.4 of the TIR, which explicitly states that defense, protests and other exercises of civil and political rights can be considered “acts of terrorism” if they fall within the definition of the law, which has been criticized for being too wide and vague.
“The burden of proving such intent falls on the government’s prosecution arm,” adds the IRR, but petitioners said this clause was useless as it does not remove the ambiguity and breadth of the provision.
The petitioners argued that government officials have treated the protest actions as a threat to public safety due to the possible spread of the new coronavirus.
“The ARTA IRR would not be sufficient to protect activists from the malicious law enforcement under attack,” they emphasized.
Individuals and groups can also suffer “serious and irreparable injuries”, as the TIR allows the publication of a list of individuals and entities labeled as terrorists by the Executive Counterterrorism Council. De-listing appeals can be filed within 15 days of publication of the designation, violating people’s right to the presumption of innocence and due process, the petitioners said.
While officials have said the designation would not automatically mean an arrest, it allows the Anti-Money Laundering Council to freeze one’s assets. The ATC may also authorize the warrantless arrest of suspected terrorists and their detention without charge for up to 24 days.
The petitioners said that the Supreme Court should not tolerate these violations of people’s rights, noting that Filipinos will be “cooled to silence” for fear of arrest without a warrant, designation as terrorists and restrictions on assets and the circulation.
Amid growing petitions in July, Attorney General José Cálida reminded the higher court that the judiciary “must exercise the utmost caution, prudence and judgment in issuing temporary restraining orders and court orders.” The government’s main lawyer also defended the constitutionality of the anti-terrorism law.
Anjo Alimario from CNN Philippines contributed to this report.
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