Terror bill eyes stiff penalties

If the Senate has its way, terrorists would either be jailed for life or meted the death penalty.

The Senate version of the anti-terror bill provides the death penalty for convicted terrorists found to be involved in attacks that result in fatalities.

Senate Bill 2137, which will be known as the Anti-Terrorism Act of 2005, imposes life imprisonment and a P10-million fine to anyone convicted of a terrorist act.

Senate President Franklin Drilon said Malacañang — through Undersecretary Ricardo Blancaflor, Anti-Terrorism Task Force executive director — and the Senate have begun efforts to speed up passage of the anti-terrorism bill.

Blancaflor is the Palace’s point man in Congress for the anti-terror measure.

"We will approve an anti-terror measure after a debate in the Senate. We will expose this to a debate," said Drilon, noting that Sen. Manuel Villar Jr., who heads the Senate committee on public order and illegal drugs, said in the committee report that the bill "could stand improvement."

Villar sponsored the committee report on SB 2137 Wednesday night after he signed it along with 18 other senators.

SB 2137 was created as a substitute to related bills filed by Villar, Senators Juan Ponce Enrile, Jinggoy Estrada, Ramon Magsaysay Jr., Alfredo Lim and Panfilo Lacson. Lacson was the only one who refused to sign the committee report among the six sponsors. The rest, save for Villar, signed the document with "reservations."

Villar is optimistic that the proposed anti-terror bill will pass muster with the senators.

"I expect a heated exchange and debate on the anti-terrorism bill, that’s only normal considering that there are others who have aired their opposition to this measure. But I think this bill will still be passed into law," he said.

The Senate, which went on recess Wednesday, is expected to tackle SB 2137 on the floor when it resumes regular session on Oct. 24.

Villar assured the public and opposition senators that lawmakers would be able to craft a balanced, comprehensive anti-terrorism law "that will not be used or manipulated for political purposes."

He added that to avoid long debates, the Senate version adopted rules on money laundering and removed the provision on warrantless arrests.

Terrorism, according to the proposed bill, is committed by any person or group who uses violence with the "intent of creating or sowing a state of danger, panic, fear or chaos to the general public or a segment" of society.

Drilon said there is a need to address fears that the proposed bill may be used against opposition leaders who lead rallies against the administration.

He said the use of language and the composition of the Anti-Terrorism Council were discussed in the initial meeting between Blancaflor and members of the Senate, since terrorism is beyond a law-and-order problem in the Philippines and involves cross-border relationships with other countries.

"We should avoid using language which is untested in jurisprudence," Drilon said, citing the use of the term "mental harm" as among the 11 acts of terror listed in the bill.

"How do you prove mental harm? That is something new to me." Another issue discussed in the meeting is the complete change of policy on the prohibitions regarding membership in certain organizations.

Drilon pointed out that in SB 2137, membership in the Abu Sayyaf is considered "unlawful," which is a complete reversal of the repeal of Republic Act 1700 or the Anti-Subversion Law, which made membership in the Communist Party of the Philippines by itself a crime.

"This is what we have to explain and make sure we have justification," he said.

Under the provisions of SB 2137, acts of terrorism include assassination, kidnapping of officials within the constitutional succession, wanton destruction, threatening to cause serious interference or serious disruption of an essential service, facility or system; attacking cyberspace by destroying the actual machinery of information and communication structure, and hijacking of any aircraft, electric or railroad train, passenger bus, or any means of transportation.