‘PARTIAL VICTORY’ | Supreme Court declares two provisions of Anti-Terror Law as unconstitutional

December 9, 2021 , 02:36 PM

By Beatrice Puente

(December 9, 2021) – The Supreme Court has declared as unconstitutional two provisions of the widely contested Anti-Terrorism Law in what activist groups saw as a “partial victory” in the face of growing threats to freedom of expression under the administration of President Rodrigo Duterte.

Magistrates voted 12-3 to strike down a portion of the controversial law that defines terrorism, particularly the stipulation on protests. Such provision qualifies dissent as terrorism if it was “intended to cause death or serious physical harm to a person, to endanger a person’s life, or to create a serious risk to public safety.”

“(It) is declared as unconstitutional for being overbroad and violative of freedom of expression,” said the Supreme Court Public Information Office (SCPIO) in a media advisory released two days after the vote.

It remains unclear when the full decision and the various opinions will be publicly released.

Another provision that the Supreme Court voided was the second method of designation which allows the Anti-Terrorism Council (ATC) to declare groups as terrorists based on the request of another jurisdiction. It was voided through a 9-6 vote but the SCPIO did not expound.

Human rights organizations and legal luminaries have raised concerns even before the draconian law was passed but Duterte ignored them. It prompted them to run to the Supreme Court to seek remedies to stop its implementation, with a total of 37 petitions filed against it.

Atty. Ted Te, both a legal counsel and petitioner, said the voided qualifier on the definition of terrorism was an “important win as it strengthens the protections for civil liberties.”

Another petitioner, Renato Reyes of Bagong Alyansang Makabayan described the ruling as a “partial victory.” Reyes said they will file a motion for reconsideration to challenge other dangerous provisions that the high court retained.

“Our main win from the ruling on the terror law is that activism is not terrorism,” said Reyes. “This is a partial victory for petitioners as protests and advocacy are not acts of terror. But the dangerous provisions of the terror law remain and can still be abused.”

Most petitions questioned the warrantless arrests and detention that can go as long as 24 days. They also criticized the power of the ATC to designate individuals and organizations as terrorists without undergoing trial. Others pointed out that this essentially usurps the function of the judiciary.

Sen. Ping Lacson, one of the principal authors, said he was delighted with the ruling, saying “peace won over terror.”

Atty. Edre Olalia of the National Union of Peoples’ Lawyers, meanwhile, said they will file a motion for reconsideration as they regret that most of the other “perilous provisions” of the law remain intact.

“We will not allow the dying of the flickering light of our basic rights,” said Olalia.

(PM)

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