Colmenares tells SC: Authorities 'not helpless' against terrorists without anti-terrorism law
MANILA, Philippines — Law enforcers and the military are not helpless against terrorists without the reviled Anti-Terrorism Act of 2020, petitioner Neri Colmenares, a former lawmaker and known rights lawyer, told the Supreme Court.
During the resumption of oral arguments on Tuesday, National Union of Peoples’ Lawyers chair Colmenares said: “They are not hopeless under current situation, as if they’re portraying themselves that if the ATA is gone, we have no other way to stop terrorists. They have.”
Associate Justice Ricardo Rosario noted that terrorism is a much complex crime, unlike other simple offenses such as murder or theft. Elaborate planning is done and it causes extensive damages, too. “Don’t you think that the authorities should be given some more slack in dealing with it?”
The justice added that 14-day detention, which can be extended by another 10 days for suspected terrorists, may be a valid exercise of congressional prerogative to extend the periods in Article 125 of the Revised Penal Code, for the “difficult task to weed out terrorism.”
But Colmenares said that no matter the claim of authorities that they need more tools, they are already empowered to do so under the Human Security Act of 2007, which the ATA repealed, along with other crimes under the RPC and other laws.
“Even if I said the HSA is draconian, [it] already allowed surveillance, monitoring, freezing of accounts, even arrest a suspect without a warrant… Their argument that we need ATA because we don’t have tools to ferret out these crimes is actually wrong because they were allowed by various laws,” Colmenares said.
Poor intelligence work
In separate interpellation from Associate Justice Edgardo Delos Santos, Colmenares said problems may be found in the implementation of the HSA and poor intelligence work.
He narrated that if asked on what part of the HSA resulted in the failure of authorities to stop the Marawi siege, no answer can be given. “Because it was not the HSA that was the problem. It’s actually the implementation of the intel work,” the long-time rights lawyer said.
Colmenares continued: “If your intelligence work your honor says that Alex Padilla and Roan Libarios are [members] of [Communist Party of the Philippines-New People’s Army], then nothing will come out of this, even if you pass then ATAs.”
The Armed Forces of the Philippines erroneously tagged Padilla and Libarios, both known lawyers, among supposed University of the Philippines students who joined the New People’s Army who were killed or captured.
RELATED: IBP calls out military's 'ridiculous red-tagging' of lawyers
Former Solicitor General Jose Anselmo Cadiz also told the court, during the interpellation of Associate Justice Rodil Zalameda, that authorities need not wait for overt acts of a person committing terrorism or conspiring to do as such.
“I disagree. As I said, with good intelligence work and with good police work we can be able to prevent these things from happening," Cadiz said.
Fears of abuse
Justice Delos Santos also noted that the court has said in the past that that facts should not be substituted with fears. “In one case, this court said the sea of suspicion has no shore, but it’s like a boat without a rudder.”
Colmenares asserted that while there is a fear that law enforcers may violate the rights of people, especially of those known as critics of the government, their main argument is the law is unconstitutional.
“Whether or not they will abuse it is of no primary comment. Are they given the unbridled discretion? The court has declared in so many times that laws are unconstitutional because of unbridled discretion,” he added.
The SC wrapped up its interpellation of the petitioners on Tuesday, after four hours-long sessions. Solicitor General Jose Calida is expected to present the government’s defense of the law on March 9.
Meanwhile, recaps of the four days of the oral arguments may be read here, here, here and here.
President Rodrigo Duterte signed the Anti-Terrorism Law on July 3 despite opposition from rights groups and civil society groups that it could be used to stifle human rights.
A petition against the law has been filed at the Supreme Court and other groups are preparing pleadings of their own.
Follow this page for updates. Photo courtesy of The STAR/Michael Varcas
National Security Adviser Hermogenes Esperon moves to block access to several websites, including news sites of alternative news orrganizations Bulatlat.com and Pinoyweekly.org.
In his letter to the National Telecommunications Commission, he only says the websites are "affiliated to and are supporting these terrorists and terrorist organizations."
No other basis to back up his allegation was cited in the letter.
Citing the designation of the CPP-NPA-NDF as terrorists, NSA Hermogenes Esperon moves to block access to several sites.
— Kristine Patag (@kristinepatag) June 22, 2022
In Esperon's letter to the NTC, he included news sites @bulatlat and @pinoyweekly; sites of other progressive groups RMP and Save our Schools. @PhilstarNews pic.twitter.com/nAzMITJFsS
The Commission on Human Rights says it "partly welcomes" the Supreme Court decision that some parts of the controversial Anti-terrorism Law are unconstitutional.
CHR spokesperson Jacqueline de Guia says the commission remains hopeful that the remaining contentious provisions of the law will be clarified by the high cour in the full text of the decision.
"At the same time, our commitment remains in guarding against possible human rights violations arising from the implementation of the anti-terror law. We steadfastly remind the government that countering terrorism and protecting human rights are not competing values but are, in fact, mutual and complementary," De Guia says in a statement.
The Supreme Court has deliberated and voted on the controversial Anti-Terrorism Act but the decision will be released "at the soonest time possible."
"However, considering that there were numerous issues resolved in the case, as well as the fact that each Justice had to vote on each issue, there is a need to accurately confirm and tally the vote of each Justice in order to ensure the correct resolution of the Court per issue," SC spokesperson Brian Hosaka says.
The Anti-Terrorism Council designates the National Democratic Front of the Philippines, the panel that negotiates for communist rebels during peace talks a terrorist organization.
Previous designation of the Communist Party of the Philippines and New People's Army led to the designation of supposed members of the CPP's Central Committee. Among those designated as terorrists were peace consultants.
Designation gives the Anti-Terrorism Council the authority to investigate and freeze the accounts of designated persons.
The Anti-Terrorism Council has designated 29 people, including alleged members of the Communist Party of the Philippines-New People's Army, as terrorists in two resolutions.
Designation allows the Anti-Money Laundering Council to freeze the assets of those on the list.
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