Warrantless arrest, may limitasyon sa IRR ng anti-terror law – ATC
Robie de Guzman • October 19, 2020 • 336
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)
The National Union of People’s Lawyers (NUPL) has filed a motion with the Supreme Court (SC) to halt the implementation of the Anti-Terrorism Act of 2020.
The lawyers’ group believes the implementing rules and regulations (IRR) of the Anti-Terrorism Law did not clarify the reported unconstitutional provisions included in the said law. The group filed an omnibus motion requesting for a Temporary Restraining Order (TRO) against the law’s implementation.
NUPL Secretary General Ephraim Cortez said it worsened after more provisions were added which violates human rights. These include the red-tagging of various personalities including Liza Soberano, Angel Locsin, and Catriona Gray.
“Ito iyong nakita naming remedyo upang temporarily huwag muna ma-implement itong IRR at hoping may result din ano sa paghupa ng red-tagging na nangyayari (This is a remedy to temporarily suspend the implementation of the IRR, and we hope this would result in the decrease of the current red-tagging),” he said.
Cortez also added that the Anti-Terrorism Law gives Armed Forces of the Philippines (AFP) Southern Luzon Command chief Lt. Gen. Antonio Parlade Jr. the confidence to red-tag celebrities which drew criticisms from several netizens.
“Nalalagyan niya ng legal basis iyong kanilang ginagawa ito ang sinasabi natin from the very beginning in our opposition to the passage of this law binibigyan niya ngayon ng justification ang mga red-taggers tulad ni Parlade to do it, (Parlade was able to have a legal basis to do this [red tagging]. This is what we have been saying from the very beginning of our opposition to the passage of this law. [The law] is giving justification for red-taggers like Parlade to do it),” Cortez said.
Meanwhile, the oral arguments for the petitions filed at the Supreme Court is set to begin in mid-November, according to SC Chief Diosdado Peralta. He said the oral arguments was supposed to begin in September but it was delayed due to the number of petitions filed against the said law.
“When we’ll go back to the session on November 3, I hope, I hope she will be ready to submit to us the issues to be argued and set the preliminary conference,” he said. AAC (with reports from Dante Amento)
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)
MANILA, Philippines – Armed Forces of the Philippines (AFP) chief of staff Lieutenant General Gilbert Gapay on Wednesday clarified that the military has no intention of imposing “prior restraint” on freedom of expression when he proposed the regulation of social media under the controversial Anti-Terrorism Law.
Gapay made the clarification during the deliberation of the Commission on Appointments on his nomination to a rank of a general.
He said his proposal is not tantamount to curtailing the people’s freedom of expression as he stressed that the goal is to regulate social media platforms and service providers and not its users.
Gapay said that based on intelligence reports and their experience, terrorist groups often use the social media and the internet to recruit new members and solicit money and support from their sympathizers and other sources to fund their criminal acts.
“These terror cells are operating particularly in the dark web in the internet. And these are the things that we really want to regulate and address because they really communicate with each other through the internet,” he said.
“That is why in close coordination with social media platforms, perhaps we could come up with mechanisms on how to address these acts enumerated in the 2020 Anti-Terror Law,” he added.
Gapay earlier said he wants to include a provision that will regulate the usage of social media in the implementing rules and regulations of the controversial measure. – RRD (with details from Correspondent Harlene Delgado)
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