Anti-terror law takes effect today

Maris Federez   •   July 18, 2020   •   657

MANILA, Philippines – Republic Act 11479 or the Anti-Terrorism Act of 2020 takes effect today, Justice Secretary Menardo Guevarra said Friday (July 17), even in the absence of implementing rules and regulations (IRR).

Guevarra said the Anti-Terrorism Act (ATA) becomes effective 15 days after its publication in the Official Gazette and national newspapers on July 3.

Read: Duterte signs Anti-Terrorism bill into law

“The effectivity clause of the Anti-Terrorism Act states that the Act shall take effect 15 days after its publication in the official gazette or in at least two newspapers of general circulation. Considering that the law was published on July 3, it will take effect on July 18, which is the 15th day,” Guevarra told reporters on Friday as he rectified an earlier statement that the law would take effect on Sunday (July 19).

When asked why the law will take effect sans the IRR, Guevarra said, “the promulgation of the IRR is not a condition for the effectivity of the law.”

He added that some provisions of the ATA are self-executing such as the organization of the Anti-Terrorism Council.

The IRR will be drafted in consultation with law enforcement agencies and the military, and will be ready within 90 days, he said.

“But there are provisions where operational details need to be spelled out or standards clearly defined in the IRR for proper implementation of the law,” Guevarra also pointed out.

The DOJ chief stressed that “it will be more prudent for law enforcement agents to await the promulgation of the IRR.”

Once the draft has been approved, the secretary said “the IRR will likewise have to be published when it is done.”

“The DOJ and the Anti-Terrorism Council, in consultation with law enforcement agencies and military institutions, will promulgate the IRR for the implementation of the anti-terrorism law,” Guevarra said.

Various groups have filed several petitions before the Supreme Court against the Anti-Terrorism Act, seeking for issuance of a temporary restraining order (TRO) on its implementation pending a resolution of questions regarding its constitutionality.

Read: More petitions vs. Anti-Terrorism Act filed in SC

Read: Palace on petitions vs. Anti-Terrorism Law: Leave it to Supreme Court

Among the groups who filed the petition before the High Court were that of lawyer Howard Calleja, Albay Rep. Edcel Lagman, law dean Mel Sta. Maria, and the Makabayan bloc led by Rep. Carlos Isagani Zarate. — /mbmf

Anti-Terrorism Council declares CPP, NPA as terrorist groups

Aileen Cerrudo   •   December 26, 2020

MANILA, Philippines — The Anti-Terrorism Council has declared the Communist Party of the Philippines (CPP) and the New People’s Army (NPA) as terrorist organizations.

Based on the ATC Resolution no. 12, the council found sufficient information to declare the CPP-NPA as a terrorist organization under the Anti-Terrorism Act of 2020.

“The CPP/NPA committed or conspired to commit the acts defined and penalized under Section 4 of the ATA (Anti-Terrorism Act) and hereby designates the CPP/NPA as terrorist organizations, associations or groups of persons,” the resolution reads.

The resolution also mentioned the petition filed by the Department of Justice (DOJ) at the Manila Regional Trial Court (RTC) branch 19, requesting for the CPP-NPA to be declared as terrorist groups.

The petition cited 12 incidents that can be considered as terrorist acts, including kidnapping, and arson. AAC

Warrantless arrest, may limitasyon sa IRR ng anti-terror law – ATC

Robie de Guzman   •   October 19, 2020

MANILA, Philippines – May limitasyon ang pagsasagawa ng warrantless arrest sa ilalim ng mga panuntunan ng bagong Anti-Terrorism Act, ayon sa Anti-Terrorism Council (ATC).

Sinabi ni ATC spokesperson, Undersecretary Adrian Sugay na sa ilalim ng implementing rules and regulations (IRR) ng batas, hindi maaaring gamiting batayan ang “mere suspicion” o hinala lamang sa pag-aresto ng walang kaukulang warrant of arrest .

Ayon kay Sugay, nakasaad sa IRR na dapat may probable cause o matibay na batayan upang mang-aresto ang mga otoridad.

Posible lang din aniya ito kung ang isang indibidwal ay nahuli sa aktong gumagawa ng krimen o kaya may “hot pursuit” o kaya ay tumakas ito sa bilangguan.

“Ang posisyon namin d’yan the way we interpret, is that it should be interpreted in relation to Rule 113 of the warrantless arrest. It can be reasonably interpreted that any arrest based on section 29 is has to be based on probable cause,” ang wika ni Sugay.

Nakasaad rin aniya sa IRR na obligadong magsumite ng affidavit sa ATC ang mga law enforcer upang makakuha ng pahintulot bago isagawa ang pag-aresto sa anomang suspek.

Sa ilalim ng batas, maaaring idetine ng dalawang linggo hanggang 24 na araw ang isang naarestong indibidwal.

Sa kabila ng ginawang pagtitiyak ng ATC, plano naman ng Bayan Muna Party-list na maghain ng petisyon sa Korte Supreme upang kwestuyunin ang nilalaman ng IRR para sa Anti-Terrorism Act.

Hihilingin din nila sa korte na maglabas ng temporary restraining order (TRO) para itigil ang pagpapatupad ng batas.

“Pag-aaralan ng makabayan bloc especially inilabas na itong IRR kung magsasampa ng petisyon to nullify and declare unconstutional itong IRR or just a supplemental petition,” ang pahayag ni Bayan Muna Party-list Rep. Carlos Zarate.

Sa ngayon ay aabot na sa 37 petisyon ang naka-hain sa Korte Supreme laban sa kontrobersiyal na batas. – RRD (mula sa ulat ni Correspondent Dante Amento)

ATC approves IRR for Anti-Terrorism Law

Aileen Cerrudo   •   October 14, 2020

The Anti-Terrorism Council has approved the Implementing Rules and Regulations (IRR) of Republic Act 11479 or the Anti-Terrorism Act of 2020, according to Department of Justice (DOJ) Secretary Menardo Guevarra.

Guevarra said they will provide Congress and law enforcement agencies copies of the IRR. They will also release a copy online and in other publications.

“We will disseminate copies to Congress and to law enforcement agencies as required under the law, and will publish the IRR online and in a newspaper of general circulation in the next few days,” he added.

President Rodrigo Duterte signed the law last July 3 which repeals the Human Security Act of 2007.

The DOJ started drafting the IRR of the law last August.

Meanwhile, there are currently 30 petitions filed before the Supreme Court requesting to halt the implementation of the Anti-Terrorism Law questioning its constitutionality.

The Office of the Solicitor General, however, has already asked the high tribunal to dismiss the petitions. -AAC (with reports from Dante Amento)

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