Justice Secretary Menardo Guevarra on Thursday reminded the public not to hold assemblies nor mass actions—even if these are called mañanita—during the celebration of the country’s 122nd year of independence today or hold protest actions against the impending signing into law of the controversial Anti-Terrorism Bill by the President.
Guevarra warned that sanctions under existing public health laws remain in effect.
According to him, mass gatherings are still banned while social distancing remains mandatory to prevent the further spread of the coronavirus or COVID-19.
The Justice Secretary made the warning after members of the Movement Against Tyranny announced they planned to hold a “mañanita” protest today to celebrate the country’s Independence Day through protest actions against some policies of the government, including the implementation of the controversial ATB.
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Opposition lawmakers renewed their appeal to President Rodrigo Duterte to veto the ATB.
Guevarra said violations of the existing public health laws “may give rise to penal sanctions” under existing public health laws, not under criminal laws.
Guevarra agreed with Interior and Local Government Secretary Eduardo Año’s position that there were safer ways to express one’s protest during this period of public health emergency.
Rep. Lawrence Fortun of Agusan del Norte said: “We appeal to the President to take into consideration the opinions of experts and the sentiments of the public.
“We all support the campaign against terrorism and we all recognize the urgent need to strengthen the capacity of our defense and law enforcement agencies to combat terrorism.”
But, he added, “in our fight against terrorism, it is essential that the Constitution is at all times respected and the civil and political rights and fundamental freedoms of our people are preserved and protected.”
According to Fortun, several of his colleagues would welcome a veto of the ATB by the President with the several yes votes with reservations, several abstentions, several withdrawal of authorships and several withdrawal of yes votes, not to mention the negative votes.
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“Also most welcome is a veto message from the President pointing out the overly broad, ambiguous and unconstitutional provisions that have been the reason for the wide and growing clamor against the bill,” Fortun said.
Fortun said Congress can enact a new terrorism bill that is not divisive. “Let’s come up with one that every Filipino will embrace and support.”
For his part, deputy minority leader and Bayan Muna Rep. Carlos Zarate called on National Police Chief Archie Gamboa to make police commanders accountable for allegedly spreading fake news and red-tagging against critics of the administration, especially activists.
“Gen. Gamboa was already quoted warning police officers that they may be charged if they violate the organization’s social media protocols, but, it seems his warning only fell on deaf ears or deliberately ignored by his subordinates. For instance, in the CARAGA regional police office, their red tagging posts and harassment of activists continue, as can be seen from their recent Facebook posts,” said Zarate.
“Aside from violating social media protocols, this actions of PNP Caraga is clear disobedience of the PNP Chief’s warning that warrants, at the very least, suspension, even demotion, from office of Brig. Gen. Joselito Esquivel,” added Zarate.
Meanwhile, Chief Justice Diosdado Peralta said affected parties might question the constitutionality of the ATB only when President Duterte had signed the measure into law.
“If it will become a law, then anybody can, if he is affected then they (sic) can question the constitutionality of the law,” Peralta told reporters during his first online press briefing.
When sought for comment on the controversial ATB, Peralta stressed the Supreme Court’s action on such cases would depend on their deliberations and on the issues that might be raised by whoever would file a petition before the tribunal.
The chief magistrate explained that there might be instances in which only certain provisions of a law were challenged and others in which the whole law was sought to be declared unconstitutional.
“So it will depend on the allegations and the issues that will be raised,” he said.
According to Peralta, the comment of Solicitor General Jose Calida would also be a factor, saying the court might conduct oral arguments if there were factual issues involved.
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“But if the issues are merely, purely constitutional, there’s no need to determine the factual issues, then probably we just submit the case for decision based on the responses and pleadings of the parties,” he added.
The ATB, which seeks to substitute the Human Security Act, the country’s existing law against terrorism, is being reviewed by Malacanang after it was passed by Congress amid concerns on some of its provisions.
Oppositors of the measure expressed apprehension that the proposed law might empower the government to clamp down critics of the Duterte administration or legitimate dissent.
They have also questioned the up-to 24-day warrantless detention period for suspected terrorists, and the alleged authority of the Anti-Terrorism Council, a body created under the law, to authorize in writing the arrest of terrorism suspects.
Retired SC senior associate justice Antonio Carpio earlier said the bill, when it becomes law, might be questioned before the high court because it “punishes speech – inciting to commit terrorism.”
