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Wednesday, July 25, 2007
High court rejects plea to freeze anti-terror law
MANILA -- The Supreme Court (SC) on Tuesday did not grant separate petitions filed by 28 groups and individuals seeking to restrain government from implementing the anti-terror law.
SC spokesman Jose Midas Marquez said following an en banc session, the high court decided to first hear the side of respondents before issuing a temporary restraining order (TRO) on Republic Act (RA) 9372 or the Human Security Act (HSA) of 2007.
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The SC however ordered the government to answer within 10 days the petition filed by various groups who claimed that the newly enacted law was unconstitutional and void for being vague.
Three petitions were filed questioning the legality of RA 9372 signed by President Gloria Macapagal-Arroyo on March 6 but which took effect on July 15.
The first petition was filed by a Mindanao-based peace group called the Southern Hemisphere Engagement Network and lawyer Soliman Santos Jr.
On the same day, the militant labor groups Kilusang Mayo Uno (KMU) and the Center for Trade Union and Human Rights filed a second petition.
The third petition was filed by former Vice President Teofisto Guingona, Dr. Bienvenido Lumbera, Renato Constantino Jr., Sister Mary John Manansan OSB, University of the Philippines (UP) Dean Consuelo Paz, former transportation undersecretary Attorney Josefina Lichauco, retired Colonel Gerry Cunanan, film director Carlitos Siguion-Reyna, Dr. Carolina Pagaduan-Araullo, Renato Reyes, Danilo Ramos, Emerenciana de Jesus, Rita Baua, Rey Claro Casambre, Bagong Alyansang Makabayan (Bayan), Gabriela, Kilusan ng Mapagpalayang Pilipino (KMP), Movement of Concerned Citizens for Civil Liberties (MCCCL), Courage, Kadamay, Solidarity of Cavite Workers, League of Filipino Students (LFS), Anakbayan, Pamalakaya, Alliance of Concerned Teachers, Migrante, Health Alliance for Democracy (Head) and Agham.
Named respondents in the suit were the Anti-Terrorism Council (ATC) and its members Executive Secretary Eduardo Ermita, Justice Secretary Raul Gonzalez Sr., Foreign Affairs Secretary Alberto Romulo, acting Defense Secretary and National Security Adviser Norberto Gonzales, Interior Secretary Ronaldo Puno, Finance Secretary Margarito Teves, the National Intelligence Coordinating Agency (Nica), National Bureau of Investigation (NBI), Bureau of Immigration (BI), Office of Civil Defense (OCD), Intelligence Service of the Armed Forces of the Philippines (Isafp), the Anti-Money Laundering Council (AMLC), the Philippine Center on Transnational Crime, PNP Chief Oscar Calderon, including its intelligence and investigative elements, and Armed Forces Chief Hermogenes Esperon.
President Gloria Macapagal-Arroyo was also impleaded as respondent because of her capacity as Commander-in-Chief of all armed forces and her control of all departments and bureaus and offices that actively pushed for the passage of the law, petitioners said.
In their petition, they claimed the HSA may be used by government as a wholesale weapon for political harassment and persecution.
They claimed the anti-terror law is unconstitutional because it is contrary to several provisions of the Bill of Rights of individuals, specifically the right to due process, presumption of innocence, right to privacy, freedom of expression, speech and assembly, freedom of association, right to bail and right to travel.
RA 9372 also fails to distinguish legitimate acts of groups involved in an armed conflict under the standards of international humanitarian law from supposed "terrorist" acts, petitioners said in seeking a temporary restraining order against the enforcement of this law.
"The very law itself is a dangerous threat to civil, political and other rights. Not without reason, there is ground to expect that in the hands of the PNP and the AFP, institutions that are widely perceived or viewed both here and abroad as taking unbelievable shortcuts in legal processes and but hardly known for upholding and protecting civil and political rights beyond the rhetoric - the Anti-Terrorism Act is a legal and political weapon of repression,” said lawyer Edre Olalia.
The petitioners said although the law aims to crush the alleged terrorist groups such as the Abu Sayyaf, the Jemaah Islamiyah (JI) and al-Qaeda, there is a possibility and high probability of it being used to subject to arrest leaders and members of activist people’s organizations including progressive party-lists, anti-corruption networks, and even human rights groups critical of government.
The petitioners further said that RA 9372 is masquerading as a junta cum inquisition body, untouchable and given carte blanche discretion to conceal its records, operations, and discussions from public scrutiny and even legislative or judicial inquiry.
The ATC's power to "establish and maintain comprehensive database information system on terrorism, terrorist activities, and counter-terrorism operations" is the giant net to serve as the repository of all information, surpassing the already debunked national ID system.
It is therefore, not only a virtual national ID system but in fact a national surveillance system disguised as an indispensable tool to fight "terrorism," they added.
This provision on database is a rider as it is not reflected in the title of the Act, and runs counter to the principle that every bill passed by the legislature “shall embrace only one subject, which shall be expressed in the title thereof, as stated under Section 26 (1), Article VI of the Constitution.”
Petitioners further said the excessive power vested on the ATC is also exemplified by its almost unchecked power to "freeze the funds property, bank deposits, placements, trust accounts, assets and records belonging to a person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism" under the Anti-Money Laundering Act of 2001 without any judicial order. (ECV/Sunnex)
For more Philippine news, visit Sun.Star Bacolod. (July 25, 2007 issue)
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