If in “declaring” a group, organization or association as a terrorist organization, the President is referring to its proscription, there is a judicial process involved – meaning full court intervention via the Court of Appeals, complete with due notice and hearing.
Under the Anti-Terrorism Act of 2020, only the Court of Appeals can order the proscription – not the Anti-Terrorism Council, nor the President. Further, the burden of proof lies with the Department of Justice. Even membership in a proscribed terrorist group goes through the same due process which the DOJ has to prove.
On the other hand, if the President is referring to the designation of a terrorist individual, group and organization by the ATC, it does not involve arrest and detention but a mere signal for the ATC to request the Anti-Money Laundering Council to issue a freeze order of the accounts and assets of the designated terrorist person or group.
That said, designation for the purpose of freezing the accounts and assets is not exempt from judicial scrutiny since the said designated individual or group can still file a petition with the CA to appeal such freezing of their accounts. Designation follows the guidelines and standards set by the United Nations Security Council Resolution 1373. It is not absolute or discretionary on the part of the ATC.
Therefore, the “declaration” is a personal opinion of the President, not official. The trial of the proscription case against the CPP-NPA is still pending before the Manila RTC. With the passage of the Anti-Terrorism Act of 2020, the trial will be transferred to a division of the Court of Appeals to be authorized by the Supreme Court.
As long as the terrorists can achieve their intent and purpose of inflicting maximum damage to life and property in order to sow fear and intimidate the general public, they will strike at any opportunity.
In an interview on DZBB/GMA News TV, Sen. Lacson answered questions on the Anti-Terrorism Law: * active role of the Commission on Human Rights in the Anti-Terror Law [10:31] * encouraging the filing of petitions on the Anti-Terrorism Law to boost public discussion [14:48]
In an interview on DWIZ, Sen. Lacson answered questions on:
* Anti-Terror Bill to be questioned before the Supreme Court [10:01]
* goals of Senate inquiry into Jolo incident [34:24]
* PH warning vs China over military exercises [40:34]
* special session for Bayanihan 2 [42:39]
I abhor violations of the legislative process, and have called out members of Congress for such acts – such as when they inserted their pork barrel in the National Budget bill after its approval on third and final reading or ratification of the bicameral conference committee report, and before the bill was enrolled.
Why, then, would I make such a stealthy insertion to the Anti-Terrorism Bill as Robles implies?
Republic Act 11479, sponsored in the Senate by Sen. Panfilo M. Lacson, is An Act to Prevent, Prohibit and Penalize Terrorism, Thereby Repealing Republic Act 9372, Otherwise Known as the Human Security Act of 2007. It gives the Philippines a strong legal backbone against the threat of terrorism.
Much credit goes to President Rodrigo Duterte. With all the pressure coming from different directions against the signing of the Anti-Terrorism Bill into law, at the end of the day, it is his strong political will that mattered most.
I cannot imagine this measure being signed under another administration. If only for this, I take my hat off to the President.
In an interview on PTV-4’s Laging Handa public briefing, Sen. Lacson answered questions on:
* Why the Anti-Terrorism Bill is urgent [21:12]
* DOH leadership woes in dealing with COVID-19 threat [23:15]
* National ID’s value amid pandemic [24:56]
* Implementing the GMRC Law [28:03]
In a phone patch interview on DZBB and GMA News TV, Sen. Lacson notes the Anti-Terrorism Act of 2020 that was passed in the Senate will lead to a more proactive fight against terrorism, while containing safeguards to prevent possible abuses.
At the Kapihan sa Senado forum, Sen. Lacson answered questions on:
– Passage of the proposed Anti-Terrorism Act of 2020
– Senate’s planned petition before the Supreme Court regarding VFA abrogation
– Congress’ possible actions regarding ABS-CBN’s franchise