MANIL – President Rodrigo Duterte signed into law the controversial Anti-Terrorism Bill amid fears that the measure could be used to silence government critics.
Presidential Spokesperson Harry Roque confirmed late Friday afternoon Duterte’s signing.
The new law will take effect 15 days after publication in the Official Gazette or a newspaper of general circulation.
“As we have said, the President, together with his legal team, took time to study this piece of legislation, weighing the concerns of different stakeholders,” Roque said.
“Terrorism, as we often said, strikes anytime and anywhere. It is a crime against the people and humanity; thus, the fight against terrorism requires a comprehensive approach to contain terrorist threats,” he added.
The new law demonstrates “our serious commitment to stamp out terrorism” which has long plagued the country and has caused “unimaginable grief and horror to many of our people,” Roque further said.
Senate President Vicente Sotto III along with senators Panfilo Lacson and Francis Tolentino lauded President Duterte for signing the bill.
“I am glad the President sifted through the rubble and saw the importance of the law,” Sotto said.
“I cannot imagine this measure being signed under another administration. If only for this, I doff my hat off to the President,” Lacson said. “Rest assured that I will exert extra effort in guarding against possible abuses in its implementation, notwithstanding all the safeguards incorporated in this landmark legislation.”
For his part, Tolentino said, “[It’s] very timely and historic as it is a measure needed by our nation. It just goes to show that a stable peace and order climate should go hand with economic rejuvenation post COVID-19. We should all support this measure.”
Among the contentious part in the measure was the arrest of a suspected terrorist and his detention for 14 days, extendable by another 10 days, without so much as a charge filed against him.
Militant and human rights groups, among others, fear that the Anti-Terrorism Act will be abused and used to go after critics of the government, while Commission on Human Rights called out the bill’s vague definition of terrorism.
Under the signed measure, terrorism was described as any activity committed by any person who, within or outside the Philippines, regardless of the stage of execution:
1. engages in acts intended to cause death or serious bodily injury to any person, or endangers a person’s life
2. engages in acts intended to cause extensive damage or destruction to a government or public facility, public place or private property
3. engages in acts intended to cause extensive interference with, damage or destruction to critical infrastructure
4. develops, manufactures, possesses, acquires, transports, supplies or uses weapons, explosives or of biological, nuclear, radiological or chemical weapons; and
5. release of dangerous substances, or causing fire, floods or explosions
It also described terrorist activities as acts that “intimidate the general public or a segment thereof, create an atmosphere or spread a message of fear, to provoke or influence by intimidation the government or any of its international organization, or seriously destabilize or destroy the fundamental political, economic, or social structures of the country, or create a public emergency or seriously undermine public safety.”
It also introduced provisions imposing life imprisonment without parole on those who will “propose, incite, conspire, and participate in the planning, training, preparation and facilitation of a terrorist act; as well as those who will provide material support to terrorists, and recruit anyone to be a member of a terrorist organization.”
Any person who shall threaten to commit terrorism; who will propose any terroristic acts or incite others to commit terrorism; who shall voluntarily and knowingly join any organization, association or group of persons knowing that such is a terrorist organization; and who shall be found liable as accessory in the commission of terrorism, shall suffer a jail time of 12 years.
The bill also provides for the police or the military to conduct a 60-day surveillance on suspected terrorists, which may be lengthened to another non-extendable period of 30 days, from the original 30 days under the Human Security Act provided that they secure a judicial authorization from the Court of Appeals (CA).
Any law enforcement or military personnel found to have violated the rights of the accused persons shall be penalized with imprisonment of 10 years.
ADMIN CRITICS NOT TERRORIST
Critics of Duterte, including those who were making peaceful protests, will not be considered as terrorists under the controversial Anti-Terror Bill, Department of National Defense Secretary Delfin Lorenzana said.
“No.. they are not terrorists, anybody who makes a peaceful protest, they are not terrorists,” Lorenzana said. “It is enshrined in our Constitution that you can do peaceful protest, a peaceful assembly, those are actually protected by the Bill of Rights.”
The Defense secretary also assured the public that the signed law will not give law enforcers a “blanket authority” to tag anyone a terrorist.
“No, it’s not, we will be deliberate. It sets part of the law that there is enough safeguard to the liberties of our people, that they should not unduly be subjected to this kind of threats that they are alleging,” Lorenzana said.
“There are enough or stringent sanctions to anybody who will commit abuses in implementing this law so the people should not worry about this,” he added.
The Philippine National Police (PNP), for its part, has assured that their policemen won’t abuse the powers under the measure as they will conduct information campaign on their police officers to ensure that it will be implemented properly.
“Magsasagawa po tayo ng information campaign para lahat ng ating pulis ay aware sa provisions ng panukalang batas,” Banac said. “Sisiguraduhin natin na hindi ito ma subject to abuse.”
“Ang nais lamang po ng pamahalaan, maging ang PNP, ay mabalanse angating karapatan at ang pagkakaroon ng kaayusan. Kailangan mabalanse ang rights at order,” he added.
UNCONSTITUTIONAL
Vice President Leni Robredo, for her part, believes that certain provisions in the controversial Anti-Terrorism Law, particularly the detention of suspects without arrest warrant for 14 to 24 days, was unconstitutional and could be bound to be abused.
“Iyong 14 days, extendable pa to 24 days, it is against the Constitution which provides for warrantless arrest na three days lang,” Robredo said. “I am all-out against terrorism, pero itong bagay na ito is very objectionable because it is bound to be abused.”
Robredo also criticized the House of Representatives for its speedy passage of the bill even amid the country’s fight against the coronavirus disease 2019 (COVID-19) pandemic.
“The way it was passed in the House, habang nagkakagulo dahil sa pandemic…there should have been more time spent on debates for amendments para siguruhin na hindi siya maabuso,” Robredo said.
Some opposition groups as well as senators Francis “Kiko” Pangilinan and Risa Hontiveros plans to contest the controversial measure before the Supreme Court now that it was signed into law./PN
