Tag: due process

On Some US Lawmakers’ Call to Repeal the PH Anti-Terrorism Act of 2020

I wonder how many among those 50 or so members of the US Congress voted in favor of their own country’s Anti-Terrorism Act of 2001.

Unlike their version, our Republic Act 11479 has no provision for a Guantánamo Bay-like detention facility where indefinite detention without trial of suspected terrorists, on top of torture and breach of human rights, suicides and suicide attempts have been reported by Amnesty International – all in violation of the Due Process Clause of the US Constitution.

And unlike their Anti-Terrorism Act of 2001, our law does not allow one-party consent in the conduct of electronic or technical surveillance.

While our Anti-Terrorism Act of 2020 is replete with safeguards to ensure that human rights of suspected terrorists are observed and protected, what the US Congress passed as their version of an Anti-Terrorism law is much stronger, even cruel to some extent because their policy makers and citizenry give the highest premium to the security of their country and the protection of US citizens stationed anywhere in the world.

That said, these US Congress members should shut up unless they admit to being a bunch of hypocrites.


On the Manila RTC’s Cyberlibel Verdict and the Issue of Press Freedom

Under our judicial system, due process does not end with a guilty verdict rendered by a regional trial court. Ms. Ressa and Mr. Santos can always appeal the decision before the appellate court and the Supreme Court, if necessary. This is a guaranteed right of every Filipino under our existing laws.

On the issue of freedom of the press, which is guaranteed under our Constitution, I’m sure the Supreme Court will address and rule on the issue of constitutionality, if it is not addressed by the Court of Appeals to the satisfaction of both Ms. Ressa and Mr. Santos.

Other than that, I am not familiar with the details much less the merits of the case. It will not be appropriate for me to either denounce or hail the RTC’s decision.