Tuesday, July 17, 2007 SC told to declare anti-terror law unconstitutional
* Militant lawmaker files bill repealing of Human Security Act
MILITANT groups and another peace group based in Mindanao on Monday asked the Supreme Court (SC) to declare unconstitutional the controversial anti-terror law, also known as the Human Security Act of 2007, saying it is another ploy of government to crack down on perceived critics of the Arroyo administration.
In a petition, the Kilusang Mayo Uno (KMU), Center for Trade Union and Human Rights (CTUHR) and Southern Hemisphere Engagement Network Inc. (Sheni) said Republic Act (RA) 9372 or the "Act to Secure the State and Protect Our People from Terrorism," violates constitutional provisions on unreasonable searches and seizures, as well as the right of the people to travel and their freedom of expression.
The KMU was earlier named by the military as one of the militant groups fronting the Communist Party of the Philippines and the New People's Army, which have earlier been tagged by the US and the European Union as "terror groups."
Named respondents in the petition were the Anti-Terrorism Council, Executive Secretary Eduardo Ermita, and Cabinet secretaries Raul Gonzalez Sr. (Justice), Alberto Romulo (Foreign Affairs), National Security Adviser Norberto Gonzales, Margarito Teves (Finance), Ronaldo Puno (Local Government), Armed Forces Chief Hermogenes Esperon Jr. and PNP Chief Oscar Calderon.
KMU lawyer Remigio Saladero Jr. said the law, which was signed by President Gloria Macapagal-Arroyo on March 6, 2007, made it possible for the security forces to conduct arrests and searches even without a warrant issued by the court. In lieu of a warrant, the law requires a written authority to be issued by the Anti-Terrorism Council.
Saladero said that if not restricted by the SC, arrests may be made based on mere suspicion, thus violating the due process clause in the Constitution.
"The Human Security Act makes members of a group liable for the acts of other members. It is possible for an association to be organized for some legitimate purposes. Somewhere along the way, however, some members began doing certain acts, which would fall under the definition of terrorism under RA 9372. The moment it is declared a terrorist and outlawed organization, the assets of the association could be frozen, sequestered and seized to the detriment of innocent members," Saladero said.
Petitioners further pointed out that although Section 26 of the law allows the posting of bail if the evidence of guilt is not strong, the court may, upon application of the prosecution, limit the travel of the accused to within the area where he resides or where the case is pending.
Under the Constitution, all persons are entitled to bail before conviction, except those charged with an offense punishable by reclusion perpetua when the evidence of guilt is strong. However, the crime of terrorism and conspiracy to commit terrorism is not punishable by reclusion perpetua, nor was it clearly defined under the law.
Sheni through lawyer Soliman Santos criticized the definition of terrorism under Section 3 of the anti-terror law, particularly the qualifying clause, "sowing and creating condition of widespread and extraordinary fear and panic among the popular, in order to coerce the government to give in to an unlawful demand."
Santos said this provision under the terror law violates constitutional clauses providing for due process and equal protection, incorporation, treaty and international cooperation. He said since the definition is flawed, law enforcers would then have an "unbridled" license to arbitrary flexing of government powers.
At the House of Representatives, Bayan Muna party-list Representative Satur Ocampo filed House Bill (HB) 1113 to retract the anti-terror law.
"The Human Security Act is an added instrument for repression in the hands of the Arroyo government which has gained notoriety here and abroad for its grim human rights record. The alarming number of extrajudicial killings, mostly of activists and other government critics, is a grave cause for concern to everyone. This law must immediately be repealed," said Ocampo.
He pointed to "overly broad and vague definition of terrorism" as the principal means to deem any and everyone as a terrorist.
Aside from Section 3 of the law, Ocampo also pointed to the following sections that he said violate human rights:
* Sections 7 to 16 -- violates the right to privacy by expanding the scope and subjects of surveillance and intelligence gathering, including the interception and recording of communications and making such activities standard operating procedure;
* Section 19 -- allows warrantless arrests and the indefinite detention of suspects beyond the Constitutional limit of three days;
* Section 26 -- limits the right to travel even if on bail. Those on house arrest are held incommunicado;
* Sections 27 to 43 -- allows the examination, seizure and sequestration of bank deposits, placements, accounts, assets and records of suspects or even mere members of proscribed organizations; and
* Section 57 -- allows extraordinary rendition to any country.
Ocampo co-authored the bill with Gabriela party-list Representative Liza Maza and Anakpawis party-list Representative Crispin Beltran. Beltran had earlier filed a similar bill.
Meanwhile, Davao City Representative Prospero Nograles offered help to the Office of the Solicitor General (OSG), which is expected to defend the government's position on the HSA before the SC.
Nograles, who was House majority leader of the 13th Congress, said he is prepared to lend support in stressing the merits of the HSA.
He expressed confidence that the law will pass the legal scrutiny of the SC. (ECV/Sunnex)
