UP law profs: Anti-terrorism bill a 'clear and present danger'
MANILA, Philippines — Law professors of the University of the Philippines said that the controversial anti-terrorism bill is a “clear and present danger” and called on President Rodrigo Duterte to veto it.
The proposed Anti-Terrorism Act of 2020 reached President Rodrigo Duterte’s desk, for his signature, earlier this week, followed by strong calls for his veto.
Law professors of UP stressed that the looming new law “poses a clear and present danger to constitutionalism and the rule of law.”
“In the midst of a pandemic that has made our people’s lives even more difficult, more fearful and more uncertain, the Anti-Terrorism Law of 2020 provides even more reason to be fearful and uncertain,” they added.
Unconstitutional provisions
The proposed Anti-Terrorism Act of 2020 has provisions that are unconstitutional and “experiments in suppressing lawful dissent and principled advocacy,” they said in a statement.
The looming new law also contains provisions that violate the separate of powers such as “the power given to the Anti-Terrorism Council, a purely executive body, to exercise the exclusively judicial power to order an arrest as well as a to make a conclusion that a person is terrorist (even on prima facie basis) for purpose of arrest and detention.”
The ATC is chaired by the executive secretary, and composed of secretaries of justice, foreign affairs, national defense, the interior and local government and finance, and the national security advisor.
“Some of the more important provisions protecting the citizenry against unwarranted arrests and charges have been removed, resulting in less, not more, checks and balances against a law that seeks to confer tremendous power on the executive branch,” they said.
Under the proposed law, the “ATC may designate an individual, groups of persons, organization, or association, whether domestic or foreign, upon finding of probable cause that the individual, groups of persons, organization, or association commit, or attempt to commit, or conspire in the commission of the acts defined [as terrorism].”
The defense department and military officials have long and repeatedly accused activist groups, as well as human rights organizations, rights lawyers and even journalists, of being "communist terrorists" or their sympathizers.
Review proposed law’s constitutionality
The law professors added: “As teachers of the law but more importantly as citizens of this country, we continue to look to our true north—the Constitution, which is the bedrock of our citizenship and the people, whom we serve.”
“We ask that the officials who advise the president on constitutional and legal matters take their duties seriously, advise the president of the grave constitutional objections and serious implications of the Anti-Terrorism Law of 2020, and for him to veto the law,” they also said.
Justice Secretary Menardo Guevarra said Tuesday that they have started its review of the enrolled bill, and may likely give the department’s recommendation in two weeks.
Guevarra said that the proposed legislation will be thoroughly reviewed by the department, stressing that the “Palace statement that the anti-terror bill will be reviewed is not a mere perfunctory statement.”
The DOJ review is crucial, as Sen. Panfilo Lacson, sponsor of the bill at the Senate, earlier said that the department "can still interfere by advising the president to veto the bill altogether.”
- Latest
- Trending
