Article by:
Benjamin Pulta
MANILA – The government expects petitions will be filed against the Supreme Court (SC) decision that ruled all but two provisions of the anti-terror law as constitutional.
Department of Justice Secretary Menardo Guevarra said the government’s next move will be made after all parties had the chance to ask for a reconsideration.
“It is expected that parties affected by the Supreme Court’s decision will file motions for reconsideration. So nothing is final yet as of this time,” Guevarra told reporters via text message on Friday.
“Assuming, however, that the ruling on the invalidated provisions would remain, the corresponding provisions in the IRR (Implementing Rules and Regulations) will automatically cease to exist, too, without any action on the part of the ATC (Anti-Terrorism Council),” he added.
Guevarra said it is a litigant’s statutory right to seek a reconsideration of any judgment that is deemed adverse.
“That is the essence of our judicial system,” he said.
The SC en banc on Thursday upheld the validity of Republic Act (RA) 11479 or the Anti-Terrorism Act of 2020 except for Sections 4 and 25.
At least 37 petitions were filed questioning the law.
Twelve of the 15 justices ruled as “overbroad and violative of freedom of expression” Section 4 that that states public protests, dissent, work stoppages and other exercises of political rights would not be considered as acts of terrorism as long as these “are not intended to cause death or serious physical harm ... or to create a serious risk to public safety.”
A vote of 9-6 also struck out Section 25, which allows the ATC to designate people and groups as terrorists based on the requests of other countries or international organizations.
The ATC formally labeled the Communist Party of the Philippines (CPP) and its armed wing, New People’s Army (NPA), as terrorist groups in December last year.
CPP founder Jose Maria Sison was also among those labeled as terrorists.
Resolution No. 12 said the ATC found “probable cause that the CPP/NPA committed or conspired to commit the acts defined and penalized under Section 4 of the ATA and hereby designates the CPP/NPA as terrorist organizations, associations or groups of persons.”
The National Democratic Front was likewise designated as a terrorist organization on June 23, 2021, citing it as “an integral and separate part” of the CPP-NPA that was created in April 1973. (PNA)
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