On the Manila RTC’s Dismissal of the Proscription Case vs the CPP-NPA

The Manila RTC’s dismissal of the pending proscription case is pursuant to the Saving Clause provision under the Anti-Terrorism Act and should not in any way be interpreted as a setback for the law itself.

That being said, that is exactly the reason why “proscription” is designed to be the exclusive authority of the judiciary since it could involve possible detention of individuals and members of organizations suspected to be violating the Act, hence due process of law must be strictly observed.

Unlike “designation” which only involves preliminary freezing of bank accounts and assets of those involved in terrorist financing, and which the Anti-Terrorism Council is given the authority to perform since it is merely an administrative act.

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