On the Supreme Court’s Rules Regarding the Anti-Terrorism Law

As an author and principal sponsor of the measure, I could not agree more with the Supreme Court’s rules in its interpretation of the law. Aside from the other safeguards provided in the Anti-Terrorism Act of 2020 against possible abuse by law enforcement agents, we have effectively amended the Anti-Wiretapping Law which only requires a regional trial court judge to authorize law enforcement officers to conduct technical surveillance on persons suspected of committing certain crimes.

As far as violations of the ATA, a division of the Court of Appeals now has the authority to issue that judicial warrant. The arrest and detention without judicial warrant is akin to citizen’s arrest which is already allowed under existing jurisprudence. We merely extended the allowable period of detention due to the unusual nature of the crime of terrorism which could arbitrarily endanger the lives of innocent civilians more than the violations of the Revised Penal Code and other special laws.

Still, compared to other jurisdictions, the Philippines’ Anti-Terrorism Law has one of the shortest reglementary periods of detention of arrested terrorists.

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