Kalipunan ng Kilusang Masa, a political organization that upholds the fight for human rights, hosted an online protest and forum titled Unmasking the Terror Bill: In Defense of Freedom and Human Rights last June 4 to shed light on the opposition to the Anti-Terrorism Act of 2020 and its swift passing through Congress. Joining the forum were former DLSU College of Law Dean Atty. Chel Diokno, Rep. Edcel Lagman, Rep. Kaloi Zarate, labor leader Atty. Sonny Matula, and Atty. Juancho Torrevillas as proxy for Sen. Risa Hontiveros, who was still in session at the time.
House Bill No. 6875 was approved in the House of Representatives on June 3, just two days after President Duterte certified the bill “urgent”. A staggering 173 lawmakers gave their thumbs up on the bill, while 31 opposed it and 29 abstained.
Clear abuse of power
Diokno, who heads the Free Legal Assistance Group, asserted that there was no clear justification that would warrant the bill’s urgent passage, making its swift approval questionable on several fronts. Similarly, Lagman later aired his frustration over the insufficiency of the discussions that happened in Congress.
Diokno emphasized that there are numerous provisions in the bill that violate the basic human rights of Filipinos. “It is clear in the constitution that we cannot be detained for more than three days,” he explained.
There are six reasons, he added, that made the bill unconstitutional—“the power to justify a warrantless arrest; power to prolonged detention; power to violate privacy; power to restrict movement and travel; power to designate people and organizations as terrorists; and power to destroy one’s reputation”.
For Diokno, this is another manifestation of the government’s ability to “weaponize the law” against the opposition and critics of the administration. “Ito’y gagamitin laban sa mga nagsasalita laban sa kapangyarihan,” he lamented.
(This will be used against those who speak out against authorities.)
No separation of powers
Lagman and Matula both expressed their contentions toward the railroading of the bill, emphasizing that it “blurs the lines of the separation of powers”.
“Sinasagasaan nila ang karapatan ng mga Filipino,” said Matula, adding that the creation of the Anti-Terrorism Council through the bill clearly violates the separation of the three branches of government. The proposed Council would be headed by the Executive Secretary and would possess the power to brand any individual as a terrorist based on the broad definition in the bill. This power accorded to the Executive branch oversteps into the jurisdiction of the Judicial branch.
(They’re trampling over the rights of the Filipinos.)
Vague definitions
Hontiveros was one of the two senators who voted against the bill. Torrevillas relayed the senator’s reasons for opposition, “The wording of the bill is too broad that [it] gives so much room for abuse of power.”
The bill passed by Congress is exactly the same as the Senate version that was approved in February, thus enabling its hasty approval without convening for a bicameral conference.
Zarate, who voted against the bill, posed a question, “Kayo ba ay magtitiwala pa sa law enforcement agency?” He recounted incidents where police and military personnel had violated due process, which, according to him, compromises the integrity of the bill’s implementation.
(Will you still trust a law enforcement agency?)
Lagman proposed a legal remedy to delay the passage of the bill, by filing a temporary restraining order to the Supreme Court, which could provide more time for the bill to be discussed. Although, he admitted doubts over the success of such a move because “there are appointees that are allied to the President.”
Diokno reiterated that Philippine democracy must be continuously fought for by citizens, with this latest threat to human rights becoming the rallying point for Filipinos to organize and safeguard democracy.
“Ako’y hindi nawawalan ng pag-asa sa kabataan para magka-isa at ipaglaban ang ating kalayaan,” he highlighted.
(I have not lost hope for the youth to unite and fight for our freedom.)
