Oral argument on the Antiterrorist Law to finally approve on Tuesday

Inside the session room of the Supreme Court for the oral argument on the Antiterrorist Law. Photo from the SC Office of Public Information

MANILA, Philippines – Finally, the oral argument on the most controversial law, the Anti-Terrorism Law, will take place on Tuesday starting at 2:30 pm

Attorney General José Cálida will lead the government in defending the legality of the law against seven representatives of those who challenge it. Calida will be joined by five others from the Attorney General’s Office.

There are a total of 37 petitions filed against the law. The petitions were filed by framers of the 1987 Constitution, human rights defenders, advocacy groups, members of academia, religious organizations, and individuals who have been victims of the red labels.

Most of the petitions also ask the Supreme Court to issue a restraining order on the implementation of the law and the drafting of the Implementing Rules and Regulations (TIR).

The highly controversial provisions of the law are as follows:

• section 4 – definition of terrorism;
• section 5 – threat to commit terrorism;
• section 6 – planning, training, preparation and facilitation of the commission of terrorism;
• section 9 – incitement to commit terrorism;
• section 10 – recruitment and membership in a terrorist organization;
• section 11 – foreign terrorist;
• section 12 – provision of material support to terrorists;
• Article 25 – designation of terrorist persons, groups of persons, organizations or associations;
• Article 26 – Prohibition of terrorist organizations, associations or groups of people;
• article 27 – preliminary banning order;
• Article 29 – Detention without a warrant of arrest.

Oral argument was originally set for the third week of September, but with continued filing of petitions, it was rescheduled.

Then, in November, the high court set oral argument for January 19, 2021, but because Calida informed the high court that Covid-19 took down an assistant attorney and some staff members, it moved again to January 2. February.

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