^
Carpio to join SC petition vs anti-terrorism bill if signed into law
This undated photo shows former Supreme Court Senior Associate Justice Antonio Carpio.
The STAR/Michael Varcas

Carpio to join SC petition vs anti-terrorism bill if signed into law

Kristine Joy Patag (Philstar.com) - June 17, 2020 - 4:17pm

MANILA, Philippines — If the controversial anti-terrorism bill becomes a law, as in all likelihood it will be, retired Senior Associate Justice Antonio Carpio will be among to fire a legal challenge at it.

“If it is signed into law, I have told my friends I will join a petition to question constitutionality of this law,” Carpio said in a webinar hosted by the Management Association of the Philippines on Wednesday.

Carpio however said he would not stand as legal counsel in the case.

“I cannot appear before the Supreme Court because there is a prohibition under the law appearing in the agency where you worked one year before.”

Carpio retired from the SC on October 2019 and this prohibition would lapse on October 2020 or in four months. Despite that, he said would only sign as a petitioner.

The National Union of Peoples’ Lawyers, also on Wednesday, said they too are ready to challenge the looming new law.

In a message to Philstar.com, NUPL president Edre Olalia said they are “already poised to file the appropriate petition at the earliest possible time.”

“Full draft is complete, awaiting only action or inaction of [the] president and filling up of updated information that is being awaited,” he added.

The controversial anti-terrorism bill reached the desk of President Rodrigo Duterte on Tuesday, June 9. The chief executive has three options: Sign this bill into law, not take action on it and let it lapse into law in 30 days or veto it.

Duterte had earlier certified the bill as urgent and told the House of Representatives to fast-track its passage. Bills certified urgent may be passed on second reading and on third and final reading on the same day.

DOJ review due Wednesday

Presidential spokesman Harry Roque said Duterte is “inclined” to sign it into law, but Justice Secretary Menardo Guevarra said he is confident that Duterte would wait and consider his department’s insights before acting on the proposed measure.

DOJ is due to submit its review on the constitutionality of the bill to the Palace on Wednesday.

Sen. Panfilo Lacson, proponent of the measure at the Senate, said last week that DOJ “can still interfere by advising the president to veto the bill altogether.”

He has also maintained that the bill will not authorize warrantless arrests since the Anti-Terrorism only has the power to authorize deputies to conduct "custodial investigations."

RELATED: Lacson hits ‘disinformation’ on anti-terror bill

Republic Act No. 7438, which defines the rights of those who are "arrested, detained, or under investigation." Under that law, "'custodial investigation' shall include the practice of issuing an 'invitation' to a person who is investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the 'inviting' officer for any violation of law."

Those under custodial investigation have the following rights under RA 7438:

  • the right to remain silent
  • the right to have competent and independent counsel and to be provided one if they cannot afford their own counsel
  • extrajudicial confessions during custodial investigations are to be in writing and "in the presence of any of the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence in any proceeding."
  • they shall be allowed visits or conferences with members of their immediate family or by counsel, "or by any national non-governmental organization duly accredited by the Commission on Human Rights of by any international non-governmental organization duly accredited by the Office of the President." 

Guevarra, Duterte’s senior deputy executive secretary and former President’s Benigno Aquino III’s ex-deputy executive secretary for legal affairs, assured the public that the promise of a review is “not a mere perfunctory statement.”

ANTI-TERRORISM BILL ANTONIO CARPIO SUPREME COURT
Philstar
  • Latest
  • Trending
Latest
Are you sure you want to log out?
X
Login

Philstar.com is one of the most vibrant, opinionated, discerning communities of readers on cyberspace. With your meaningful insights, help shape the stories that can shape the country. Sign up now!

FORGOT PASSWORD?
SIGN IN
or sign in with